Description
-1903.
No. 1 of 1903.
An Ordinance to consolidate and wnend the laws relat.ing
to public health and to building.
[21st February, 1903.]
PART 1.
PRELIMINARY
1. This Ordinance may be cited as the Public Health and
Buildings, Ordinance, 1903.
2. The by-laws contained in Schedule B shall be deemed
to have been duly made by the Sanitary Board, approved
by the Legislative Council, and gazetted, under this Ordi-
nance, and shall remain in force until altered, amended or
revoked..
Is. 3, rep. No. 8 of 1912.]
4. The provisions of this Ordinance with reference to
wells, the construction of buildings, and the carrying out of
works shall not apply in the case of wells, buildings or
works' belonging to the Crown or to the Colonial Govern-
ment or upon any land vested in any person on behalf of
the naval or military departments of His Majesty's service;
but all the provision's of this Ordinance in relati ' on to
hoardings, scaffoldings, and verandahs, balconies and areas
,on or over or'into unleased Crown land shall apply without
exception to all buildings throughout the Colony.
5. 'Nothing herein contained shall vary or affect the rights
or liabilities. as between landlord and tenant under any
contract between them.
6. In this Ordinance,
(1) Adjoining owner means the owner or one of the
owners, and adjoining occupier means the occupier or
As amended by Law Rev. Ord., 1924. The operation of this Ordinance is not
limited by the Board * house Ordinance, 1917. See No. 23 of 1917, a. 8.
As amended by Law C. Ord., 1924.
As amended by No, 21 of 1923 and Law Rev. Ord., 1924.
one of the occupiers, of land, buildings, storeys or rooms
adjoining those of the building owner .
(2) Author of a nuisance means the person by whose
act, default, permission, or sufEerance the nuisance arises or
continues.
(3) Authorised architect means any individual whose
name appears in the list of authorised architects hereinafter
provided for.
(4) Bake-house means any premises on which bread,
biscuits or confectionery are baked for sale as food for
man, and also includes any premises on which such food is
ing, or on which the mate *
prepared for baking, or on which the materials for the
preparation of such food are stored.
(5) Balcony means any stage, platform, oriel or other
similar structure projecting from the main wall of any
building and supported by brackets or cantilevers.
(6) Basement means any cellar, vault, or underground
room or any room. any side of which abuts on or against the
earth or soil.
(7) Board means the Sanitary Board.
(8) Building includes any domestic building, house,
school, verandah, balcony, kitchen, Iatrine, gallery, chimney,
arch, bridge, out-house, stable, shed, matshed, warehouse,
factory, shop, workshop, brewery, distillery, godown, or
place of secure stowage, also any wall, roof, covered way,
and any sun-shade over any street.
(9) Building Authority means the Directot of Public
Works or such other person as the Governor in Council may
appoint to give effect to the provisions of Part III.
(10) Building line means, in the case of land leased
from the Crown after the commencement of this Ordinance,
the line which shall be determined by the Building Authority
up to which the main wall of a new building including any
buttresses or projected party walls abutting on any street
may lawfully extend; and, in the case of land held under
lease from the Crown at the date of the commencement of
this Ordinance, it shall mean the boundary of the lot, except
that, where buildings front an existing private street, any
new building abutting thereon shall conform to the provisions
of this Ordinance.
Building owner means such one of the owners of
adjoining land as is desirous of building, or such one of the
owners of buildings, storeys, or rooms, separated from one
another by a party wall or party structure as does or is
.desirous of doing a work affecting that party wall or party
structure.
(12) Cattle means bulls, cows, oxell, heifers, calves and
buffaloes.
(13) Cenierit raeans Portland cement.
[(14), -re,p. No. 20 of 1903.]
(15) Comnion lodging-house includes any house or part
thereof or other permanent structure where male persons of
the labouring artizan or mechanical classes, not ^being
members of the same family, to the number of ten persons
or upwards are housed, but does not include a house or other
permanent structure where shopmen or domestic servants
are housed by their employers.
(15A) Colonial Veterinary Surgeon includes any
veterinary surgeon or medical practitioner authorised by the
Governor to perform the duties of the Colonial Veterinary
Surgeon under this Ordinance.
(16) Cross wall means any wall of brick, stone, concrete
or other incombustible material, other than a partition wall.
of the height of one sborey only, used, or built in order to be
used, as a separation of one part of any building (including
the yard) from another part (if the same building, such parts
.being accessible through a common entrance.
(17) Cubicle means ally portion of a room, Which is
partitioned off for the purpose of being used as a sleeping-
place and which is not provided with a sky-light, window ol.
windows of its own (independently of the window ai-ea of
the room in which such cubicle is erected) opening either
directly or across a verandah or balcony into the external
air and having a total area equal to at least one-tenth of the
floor area of such portion of such room and capable of being
opened to the extent of one-half at least, and having a glazed
area equal to one-half at least of the total area of stich
window or windows.
(18) Dairy means and includes any farm-house, cowshed,
milk-store, milk shop, or other place. from which milk is
supplied or in which milk is kept for purposes of sale.
(19) Dairyman includes any cowkeeper, purveyor of
milk, or occupier of a dairy, and in cases where a dairy is
owned by a corporation or company, the secretary or other
person actually managing such dairy.
(20) Dangerous building means a building in such a
condition as to cause risk of injury either to the occupiers of
such building or to the occupiers of any neighbouring build-
ing, or to passengers...
(21) Dangerous trade means any manufacturing process
or handicraft in which lead, arsenic, mercury, phosphorus or
any other poisonous substance whatsoever is used.
(21A) Department means the Sanitary Department.
(22) Domestic building means any building counstructed
used, or adapted to be used, wholly or partly, for human
habitation, but does not include any building where care-
takers only, not exceeding two in number, pass the night.
(23) Drug means any medicine for internal or external
use.
(24) European Reservation means that portion of the
City of Victoria which is situated on the southern or south-
eastern side of a dividing line beginning from a point on the
Pokfulam. Road at No. 1 Bridge and passing along Pokfulani
Road, High Street, Bonham Road, and Caine Road as far as
Ladder Street, thence along Ladder Street to the north-
western corner of Inland Lot No. .398, thence along th 1 e
north-eastern boundary of the said lot and the northern
boundary of Inland Lot No. 574 and bisecting Inland Lots
Nos. 523, 423, 157 and 94, thence. along the northern
boundaries of Inland Lots Nos. 100, 1086, .122 and 123,
thence along Shelley Street and the northern boundary of
Inland Lot No. 125, thence along Chancery Lane, Arbuthnot
Steps, Wyndhain Street, Lower Albert Road, and Ice House
Lane, thence along Queen's Road Central and Queen's Road
East to the eastern -boundary of War Department land, thence
along the western boundary of Inland Lots Nos. 47A, 47 and
1211 until it meets the southern boundary of Inland Lot
No. 1210 produced, thence in a straight line to the south-east
corner of Inland Lot No. 1210, thence in a straight line to
the north-west corner of Inland Lot No. 1593, and thence
along Wanchai. Gap Road and Kennedy Road terminating at
the junction of Kennedy Road with Queen's Road East.
The lateral boundaries to be formed by lines drawn southward
from the beginning and termination of the aforesaid dividing
line until they meet the southern boundary of the City of
Victoria. It also includes any such other area as the Governor
in Council may define and notify in the Gazette.
(25) Exceptional building means any public building,
factory, workshop, pawnshop, or building intended for
special uses, or any building of glass, iron or other material
not provided for in this Ordinance, and includes any ware-
house or godown and also the fireplaces, kilns, furnaces,
chimneys, flues and shafts of any bakery, opium boiling
house or factory.
(26) External air mealis the air of any space which is
vertically open to the sky and unobstructed and which, when
measured from and at right angles to the external surface of
a wall, or where there is a verandah or balcony when measured
from the external surface of such verandah or balcony, has
a dimension of not less than thirteen feet throughout the
extent of any window opening in such wall, and when
measured parallel to the external surface of such wall,
verandah or balcony and in a horizontal direction has a
dimension of not less than five feet.
(27) External wall means any wall or vertical enclosure
of any building, not being a party wall, cross wall or other
partition, nor the external wall of a verandah.
(28) Factory means any,building or part of a building,
in which machinery is worked by steam, water, or other
mechanical power, for purposes of trade.
(29) Floor includes any horizontal platform forming the
base of any storey, and every joist, board, timber, stone,
brick, or other substance, connected with and forming part
of such platform.
. (30) Food means. any article used for food or drink
other than drugs or water.
(31) Hill-side means the face of the natural hill, or the
face of any scarp or retaining wall 'built to support the same,
or any artificial filling in or terracing with earth behind stich
scarp or retaining wall, made with the object of supporting
a street or forming a site for a building.
(32) Hill District means ally part of the island of
Hongkong above the 700-feet contour, except Chinese villages.
(33) Householder means the actual tenant or occo.pier
of any building, or in cases where there is no such person,
then the owner of such building-,, and, in the case of
corporations, companies, and associations, the secretary or
manager thereof.
(34) Keeper of a common lodging-house means any
person licensed to keep a common lodging-house.
(35) Latrine Includes privy
[(36), rep. No. 8 of 191-2.]
(37) Main wall means either an external or a party wall.
(38) Mezzanine floor , or cockloft , Includes any Roor,
other than a ground floor, and any platform or landing, of a
greater length'than seven feet and of a greater breadth than
three feet, ehivh has not a clear space of nine feet measured
vertically, both above and below it, ahd which is not separately
provided with a window ol. windows opening directly into
the external air and having a total glazed area eqiial to at
least one-tenth of the floor area.
(39) New building includes any building begun after
the commencelnent of this Ordinance; and any existing
building hereafter altered to such an extent as to necessitate
the reconstruction of the whole of any two of its main
walls or the removal of theroof and the reconstruction of at
1east one-half of each of an tn o of its nialn walls, at
the same time ol. by instalment at different times; and any
existing building raised to such an extent that its total
height exceeds one. and a half times the original height of
the building. It also includes the conversion into a domestic
building of any building not originally constructed for
human habitation, and the conversion into more than one
domestic building of a buildidgn originally constructed as one
domestic building only.
[(40), (41), i-ep. No. 8 of 1.912.]
(42) Occupier means any person in actual occupation
f any premises.
(43) Offensive trade includes-
(a) the trades of blood-boiling. ' tripe-boiling, soap-boiling,
tallow-melting, bone-boiling, bone-crushing, bone-burning,
-,bone-storing, rag-picking, rag-storing, manure manufacture,
blood-drying, fell-mongery, leather-dressing, tanning, glue-
making, size-making, g-ut-seraping, hair-cleaning, feather-
storing, feather-cleaning and pig-roasting (except the roast-
ing of pigs in any domestic building or restaurant for
consumption in such domestic building or restaurant by the
inmates or visitors thereof);
(b) any trade, business or manufacture which is declared
by the Board by by-law to be an offensive trade;
(c) any trade, business or manufacture which is carried on
in such a way as to be dangerous or injurios 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 neigh-
bourhood; and
(d) any other noxious, offensive, noisome or unhealthy
trade, business or manufacture whatsoever.
(44) Owner includes any person holding premises direct
form the Crown, whether under lease, licence or otherwise
and also any person for the time being receiving the rent of
any premises, soley or as joint tenant, or tenant in common
with others, or receiving the rent of any premises whether
on his own behalf or that of any other person; and, where
h owner as above defined cannot be found or ascertained
absent from the Colony or is under disability, the agent
eh owner; and if there is no suell agent, the occupier;
for the purposes of this Ordinance, every mortgagee in
possession shall be deemed an owner.
(44A) 'Tartition wall means any wall of the height of
one storey only, or of a less height, used or constructed to be
Wsed for separating one part of a building from another part
of the same building, and not coming under the definition'of
cross wall , external wall , main wall or party wall.
(45) Party structure ineans a party wall, and also a
partition flool. or other structure separating, vertically or
horizontally, buildings, storeys or rooms which belong to
different owners.
(46) Party wall means a wall forming partof a build-
ing and used or constructed to be used in any part of the
heihgt or length of such ewall for the separationof adjoining
buildings belonging to different owners or occupied or
constructed or adapted to be occupied by different persons.
(47) Person includes a body corporate, a paratnership,
and an association of persons unincourporated.
(48) Premises includes any land, buildign , or structure
of any kind, footway, yard, ally, court, garden, strea,
nullah, pond, pool, paddy-field, marsh, drain, ditch, or place
open, covred or inclosed, cesspool or foresore, also any
vesseel lying within the waters of the Colony.
(48A) ublic latrine means the President of the Board.
(49) Public building includes any building, not in the
occupation of the Naval or Military Departments, used for
public worship, public instruction, public assembly, or
public recreation; and also any building used as an hotel or
as a public hall or hospital, or for any other public purpose
whatsoever.
(50) Public latrine means any latrine to which the
public are admitted on payment or otherwise.
(51) Room includes any sub-division of any storey of
any domestic building other than-
(a) a cubicle:
(b) a drying-room, store-room, pantry, lobby or landing
which is not used for sleeping purposes
(52) Secretary and Assistant Secretary mean the
Secetary and Assistant Secretary of the Board respectively
(53) Storey means the space between the upper surface
of every floor and the upper surface of the floor next above
it, or, if ther be no such floor, of he roof next above the
said floor, but does nto include any space which is provided
for the purpose of ventilation or any space which has a less
heiht than nine feet.
(54) Street includes any sqtiai,e, court ol. alley, highway,
lane, road, or passage whefiler a thoroughfare or not.
(55) Tenant means ally person who holds direct froin
any householder the whole or any part of any floor or floors
of any building.
(56) Tenement-house means any domestic building
constructed, used, or adapted to be used for human habita-
tion by more than. one tenant.
(57) Urban district inclodes the City of Victoria and
any such other area as the Goveniorin Council may define
and notify in the Gazette..
(58) Verandah means any stage, platform, or portico
projecting from. the inalit wall of any building and supported
by piers or columns.
'(59) Vessel means any steani or sailing ship, launch,
motor boat, junk, lighter, sampan, or boat.
(59A) Wall includes cross wall, external wall, main
wall, partition wall, party wall, and every other kind of wall
whether supporting any structure ol, not.
(60) Width of street.-For the purposes of this Ordi-
nance the width of a, street oil uinleased Crown land shall. be
ascertained by measuring the shortest distance between the
building. lines as defined by this Ordinance, and shall, unless
the Building. Authority otherwise decides, be measured at
right, angles to the direction of the street.
In the case of streets on landlield under lease front the
Crown, the -xvidth of a street shall be the shortest distance
measured between the building lilies as shown on a block
plan of the property, which plan shall extend, on all sides,
to the nearest streets over -unleased Crown land: Provided
that in the case of divided ownership of leased land such
block plan shall be. subscribed to by the several owners and
shall be binding upon them, their executors, administrators
and assigns, -unless and until a further block plan for the
laying out of the entire property in some other manner shall
have been submitted to and approved by the Building
Authority and subscribed to by the respective owners. For
the purpose of determining such building. lines, the main
walls of the buildings, including any bu ttresses or projectin
party walls, shall be taken.
(60A) Window means a structure placed in -in opening
in the wall of a building and Consisting of glazed sashes
hinged to or sliding within a franiework of wood, metal,
brick or cement,, so arranged is to admit light and capafile,
when opened, of also admitting air.
(61) Works includes the partial or total. constructing,
reconstructing, pulling down, opening, cutting into, adding
to, and altering any building, wall, retaining wall, Chimney-
stack, flue, ground, road, well, drain, sewer, pier, wharf,
fence, and any other -building operation
(62) Workshop means any building or part of a build-
ing in which manual labour is exercised for purposes of trade.
(63), rep. No. 8 of 1912.]
The Governor in Council shall nolify in the Gazette a
list of all such architects, engineers and other persons, as he
may deem qualified to perform the duties required by this
Ordinance to be performed by an authorised architect, which
shall include the names of the Director of Public Works and
of such other officers of the Public Works Departinent as
the Governor in Council may think fit. The Governor in
Council may also add to such list the naines of -my other
persons whom he may deem qualified as aforesaid, and
remove any of such names : Provided, that due notice shall
be given to any person whose name it is proposed to remove
and he shall be entitled to be heard by the said Council,
either in person or by counsel, before such removal is niade.
All such alterations shall be notified in the Gazette. Stich
list is altered shall be deeined to be the list of authorised
architects.
PART II
PUBLIC HEALTH.
Constitution and general powers oj the Sanlitary Board.
8.-(1) The Sanitary Board shall consist of the Head of
the Sanitary Department (who shall ex officio be Prsident
of the Board), the Director of Public Works, the Secretary
for Chinese Affairs, the Aledical Officer of Health, and not
more than six additional members who shall hold. office for
three years.
* As amended by No. 21 of 1923 and Law Rev. Ord., 1924.
(2) Two of the said additional members shall be elected
by an electorate composed of the following persons:-
(a) all persons included in either of the two jurors lists
referred to in section 7(3) of the Jurors Ordinance, 1887 ;
(b) all persons who are 'by section 4 of the Jurors Ordi-
nance, 1887, declared to be not liable to serve as jurors :
Provided that no person -who holds any office or situation of
emolument under the Crown shall be entitled to form part
of the said electorate; and
(c) all persons of sound mind who have previously been
included in either of the said jurors lists but have been
removed therefrom on account of age or infirmity. '
(3) The other additional mernbers (two of whom shall be
Chinese) shall be appointed by the Governor.
(4) The. Head of the Department shall give such direc-
tions as may be necessary for carrying out and giving effect
to the decisions of the Board, and shall be responsible for
the administration of the Department.
9. All matters relating to the election of the said meinbers
shall be governed by the rules contained in Schedule C
until they are altered by the Governor in Council.
10. The Governor shall appoint the vice-president of the
Board, and the names of all members appointed to the
Board shall be forthwith notified in the Gazette.
11. If any member of the Board be at -my time prevented
for more than six months by absence or other cause from
acting, the Governor may appoint, or if the member has
been elected, the electors may nominate, some other person
to replace such member, until he shall return or be able to
resume his functions.
12. The Board shall be held to te legally constituted
notwithstanding any vacancies occurring. 'therein by the
death, absence, resignation, or incapacity of any member.
13.-(1) The Board shall ineet once in every alternate
week and oftener if need be, and may adjourn from time
to time. The President may at any time, and shall, on a
requisition signed by three members of the Board, summon
a meeting thereof.
(2) Any four meinbers shall be a quorum, and at every
meeting the President or vice-president shall be cliairinan,
or, in their absence, the members present shall appoint a
chairman. The chairman shall have a deliberative and a
casting vote.
14.-(1) The Board may make standing orders for reg-
ulating the procedure at its meetings
(2) The Board may appoint, and may add thereto or
dismiss therefrom, select committees consisting of not less
than two of its members or of one of its members and one
of the officers of the Department,
15- The Board may by resolution delegate any of it
powers and hinctions to the Medical Oflicel. of Flealth or to
any Assistant Aledical. Officer of Health, or to such select
committees as aforesaid, with full powers to enforce, any of
the provisions of any Ordinance or by-law conferring powers
oil the Board or providing for the more effectiial sanitation
of the Colony, and may revoke sitch delegation.
(2) Any failitre, to comply with the orders of the Medical
Officer of Flealth or of any Assistant Aledical Officel. of Health,
or of such select committee, duly signed by the Secretary
of the Board, shall be punishable in the same manner as
if. such order had been made by the Board.
16. The Board shall have power to make by-laws with
regard to the following matters :-
(1) the periodical entry and inspection of all buildings
and curtilages-
(a) for the purpose of ascertaining whether the same are
in an overcrowded condition;
(b) for the purpose of ascertaining the sanitary condition,
cleanliness and good order thereof or any part thereof and
of any mezzanine floors, storeys, cocklofts or partitions
therein, or the condition of any drains therein or in con-
nexion therewith;
[(2), (3) and (4), rep. No. 14 of 1908.]
As amended bY INo. 21 of 1923.
(5) the erection, of public latri nes and applications for
permission to erect such latrines;
(6) the sanitary maintenance of ptiblic latrines, urinals,
dustbins, and manure-depots;
(7) surface scavenging, the removal and disposal of night-
soil and of other refuse
(8) the cleansing and. removal of refuse and all objection-
able inatter at stated times from domestic buildings;
(9) the provision and proper construction of dust boxes in,
public or private premises;
(10) the promotion of cleanliness and ventilation in public
or private b aildings
(11) the cleaisng, limewashing, and proper sanitary
maintenance of all premises;
(12) the closing of premises unfit for human habitation
and the prohibition of their use as such;
(13) the prevention of overcrowding in premises, either in
respect of human beings or animals;
(14) fixing from time to time the number of persons who
may occupy a domestic building or any part thereof, and
marking on the exterior or interior of such buildings the
number of persons permitted to occupy the same or any part
thereof;
(15) prescribing the conditions under which alone it shall
be lawful to live in, occupy or use, or to let or sub-let, or to
suffer or permit to be used for habitation or for occupation
as a shop, any cellar, vault, underground room, or basement,
or any room any side of which abuts on or against the earth
or soil;
[(16), rep. No.14 of 1908.]
(17) the licensing, regulation and snitary maintenance of
common lodging-houses, and the sanitary maintenance of
emigration houses or depots, factories,workshops, breweries,
distilleries, teatres and places of public instruction,
recreation, or assembly;
(18) the control of offensive,trades, the prohibition of the
continued maintenance of any existing offensive trade without
a licence from the Board, the prohibition of the establishment
of any offensive trade without a licence frolsi the Board, and
the revocation of licences to carry on offensive trades;
(19) the regulation of bake-houses, dairies, aerated water
manufactories, and food-preserving establishments;
(20) the regulation of public baths, laundries, and wash-
houses ;
(21)--(a) The importation, prohibition of Importation,
marking, segregation, testing for disease, inoculation,
detention, housing, slaughtering, inspection, expo . itation,
transhipment, possession and control:-
(i) of cattle, sheep, goats and all other ruminating animals,
(ii) of swine, and
(iii) of horses, mules, asses and all other equine anlirials
(b) the disposal of the dead bodies of any such animals;
(c) the construction, regulation, licensing disinfection and
inspection of all places, vessels and vehicles in which any
such animals as aforesaid are or have been kept ol. carried;
(d) the payment of fees for licences, housing, inspection,
testing, inoculation and disinfection;
(e) the forfeiture without compensation of animals and
things dealt with in contravention of any by-law made under
animals in their possession or under their charge;
(22) the licensing and regulation of depots and pens for
cattle, swine, sheep and goats ;
(23) the construction, licensing, and proper sanitary
maintenance of pigsties in private preinIses;
(24) providing for the regular inspection of all places
where animals are kept;
(25) the regulation and sanitary maintenance of slaughter-
house, including the slaughter of cattle, swine, sheep and
goats therein, the removal of their carcases therefrom, the
conveyance of the same through the streets or otherwise,
and such other matters and things in relation to the manage-
ment of slaughter-houses as may be deemed desirable;
(26) the slaughtering or isolating and keeping under
observation any animal that may appear to be or may be
reasonably supspected of being infected or of having been in
contact or in the same herd with animals affected with disease,
and the disposition of the carcase thereof;
(27) the mitigation or prevention of epidemic, endemic,
infectious or contagious disease among animals;
(28) authorising th edeclaring of any place or area to be
infected with disease, and prohibiting or regulating the
movement of animals or persons into, within, or out of, any
such infected place or area, and the removal of carcases.
fooder, litter, utensils, pens, hurdles, dung or other thing
into, within, or out of, such infected place or area;
(29) prescribing the modes of cleansing and disinfecting
of places which have been occupied by any animal suffering
from epidemic, endemic, contagious, or infectious disease;
(30) the regulation and sanitary maintenance of markets,
including the dale of food, povisions and meat therein, the
removal of food, provisions and meat thereto or therefrom,
and such other matters or things in relation to the manage-
ment of markets as may be deemed desirable;
THE ORDINANCES OF HONGKONG
1901 NO.1 of 1901.
An Ordinance to settle the Defence defence Contribution of the Conlony.
1. This Ordinance may be cited as the Defence Contribu-
tion Ordiance, 1901.
2. The Colonial revenues, for the purpose of this Ordi-
namce, shall include the gross receipts, from all sources of
revenue, but shall not include the proceeds of land sales and
premia on leases or statutory land grants.
3. A sum equivalent to twenty per cent. of the Colonial
revenues sahll be appropriated yearly to the Imperial Govern-
ment as a contribution for the defence of the Colony:
Provided that the charges for working expenses and main-
tenance of the British Section of the Kowloon Canton Railway
and of any railways, telephones or other productive under-
takings of a similar character which may hereafter be
established and for interest and sinking fund on any sums
raised by loan and utilized for the construction of such
railways, telephones or undertakings shall be deducted from
the gross receipts of such railways, telephones or undertakings
respectively, and the percentage struck on the net receipts
only if any in each case:
[(31), rep. No.14 of 1908]
(32) the prevention of the manufacture or sale of unsound,
adulteraed, or unwholesome food;
[(33), rep. No.14 of 1908]
(34) the compulsory reporting of infectious, contagious, or
communicable disease;
(35) the prevention as far as possible, or mitigation of any
epidemic, endemic, contagious or infectious disease, includ
ing,inter alia, provisions-
(a) for the removal of person sufferinf from any such
disease;
(b) for the speedy and safe disposal of the dead;
(c) for house to house visitation, cleansing and disinfection;
(d) for the disinfection or destruction of infected bedding,
clothing or other articles;
(e) for the compulsory vacatingof houses;
(f) with regard to rats, and the means and precatitions to
be taken on shore or on board vessels in the waters of the
Colony, forininimising their numbers and destroying them,
and for preventing them from passing froin slIch vessels to
the shore. or from the shore to such vessels;
(g) for the better prevention of the danger of the spreading
of infection by rats; and
(h) for such other matters or things as may appear to the
Board advisable.for, preventing or mitigating such diseases;
(36) the compulsory vacating of infected premises, and
the disinfection and purification of the same;
(37) the disinfection and purification of all infected vessels
and public vehicles;
(38) the breaming of vessels, and the maintenance of
cleanliness in the harbours, the waters of the Colony, and on
the foreshores thereof; and
(39) the disposal of the dead, the regidation and sanitary
maintenance otcemeteries, the fees to be charged in respect
of graves and interments, the keeping of such registers as
may be necessary, and all other ' matters connected there-
with; also the regulation and sanitary maintenance of mor-
tuaries and the disinfection of dead bodies.
The Board may in any such by-laws impose fines for any
breach thereof not exceeding fifty dollars in each case.
If no specific penalty is prescribed by the Board for the
breach, of any by-law, the maximum penalty for such breach
shall.be.a fine not exceeding fifty dollars.
No by-law made by the Board under this Ordinance shall
be held to be invalid on the ground that it. imposes. obliga-
tions or confers powers which exceed the obligations imposed
or the powers conferred by some section of this Ordinance
dealing with the same subject-matter as the by-law in
question. *
17. All by-laws,niade by the Board shall be submitted to
the Governor, and shall be snbject to the approval of the
Legislative. Council.
18. The Head of the Department inay punish any officer
or servant of the Department whose salary does not exceed
$2,000 or $200 per. annum, for misconduct or for neglect or
breach of duty by a fine' not exceeding ten dollars for every
such offence, and the amount of such fine shall be deducted
from the pay of such officer or servant.
The imposition of every such fine shall be reported without
delay to the Governor who shall have power to remit the
same either wholly or partially.
A record of every such fine shall be entered in a book to
be kept for that purpose which shall be called the Misconduct
'Book. , Such fines shall be applied to the oleneral good of
theofficers and servants of the Department in such manner
as rn ay be directed by the Governor.
Sanitary staff and its powers.
19. The Governor may appoint a Secretary and an Assistant
Secretary to the Board, a Medical Officer of Realth and
Assistant Medical Officers of Health, sanitary surveyors and
suitary inspectors, and a Colonial Veterinary Surgeon, all
.of -whIom shall -be officers. of the Department; and may also
Appoint such servants :of the Department as the Head of the
Department . may recommend.
There shall be paid to such officers and servants such
salaries and allowances as the Governor, with the consent of
the Legislative Council, may determine.
Any person appointed to act as Assistant Secretary or as
Assistant Medical Officer of Health may be authorised by the
Head of the Departnient to perform. all or any of the duties of
the Secretary or of the 'Medical Offleer of Health respectively,
and all. notices, certificates and other instruments signed
any such person under the authority of the. Head of the
Departnient shall be deemed to have been duly signed.
[s. 20, rep. No. 8 of 1912.]
As amended by No. 21 of 1923.
As amended by Law Rev. Ord., 1924.
21. The Medical Officer of 11ealth and any Assistant
Medical Officer of Ilealth may, with or withocit assistants as
hemay deem desirable, at al time between 6a.m. and 6 p.m.,
enter and inspect any liouse or premises for the purpose
of ascertaining the sanitary condition thereof, or of ascertain-
ing whether any infectious oi- contagious disease exists
therein :
Provided always that unless in the opinion of stich oflicer
any delay in entering and inspecting may, or is likely to,
prove injurious or detrilflental to public health, he shall in
each case before entering and inspecting, if the occupiers
ofler any reasonable objection thereto, give thein two hours
notice in writing of his intention, by leaving' shall notice
with them or at the house or preniises -which lie intends to
enter and inspect. In the case of Chinese occupiers such
notice, shall be in the, Chinese character.
22. The Medical Officer of. Health ind any Assistant
Medical Officer of Health. may also entel. and inspect any
house or premises at any hour of the day or night for the
purposes mentioned in section 21 without giving any such
notice as aforesaid, provided the officer so entering has a
special order in that flehalf signed by the Head of' the
-Department.
23. The Board shall have power by officers of the Depart-
ment to enter and Inspect, -upon reasonable notice to the
occupiers or owners, any building and curtilage for the
purpose of ascertaining the sanitary condition, cleanliness
and good order thereof or of any part therof, and of the
partitions, mezzanine floors, storeys, and cocklofts therein,
or of the condition of any drains therein or in connexion
therewith.
24. Any select committee of the Board, or any officer
specially authorised by the Head of the Department, and
subject to such directions as he may impose, may enter and
inspect at any time any domestic building for the purpose of
ascertaining whether such building or any part thereof is in
an oercrowded oncition.
Nuisances.
26. The following shall be deemed to be nuisances liable
to be dealt with sunimarily in the inanner provided by Part
II:-
[(1), rep. NO. 14 of 1908.]
(2) anybuilding or part of a building which is so dark, or
so ill-ventilated or so damp, or in such a condition of
dilapidation, as to 'be dangerous or prejudicial to the health
of the inniates;
(3) any building or part of a building which contains rat-
holes or rat-runs or other similar holes, or which is infested
with rats, or in which the ventilating openings are not
protected by gratings in such manner as effectually to
exclude rats therefroni;
(4) any premises which are in such a dirty or in such all
insanitary condition as to be dangerous or prejudicial to
health;
(5) any street or road, or ally part thereof, or any water-
course, nullah, ditch, gutter, side-channel, drain, ashpit,
sewer, . privy, urinal, or cesspool so foul as to be noxious, or
noisome, or unhealthy;
(6) any watercourse, well, tank, pool, pond, canal, conduit,
or cistern, the water of which, from any cause, is so tainted
with impurities, or so unwholesome as to be injurious to the
health of persons living near, or using such water, or which
is likely to promote or aggravate epidemic disease;
(7) any stable, cow-house, pigsty, or other premises for the
use of animals, or in which live fish or birds are kept, which
is in such ,l condition as to be injurious to the health of man
or of such animals;
(8) any accumulation or deposit of stagnant water, sullage-
water, manure, house-refuse, or other matter, wherever
situiated, which is unhealthy;
(9) any noxious inatter, or waste water, flowing ol. dis-
charged from any premises, wherever situated, into any
public street, road, or into the gutter or side-channel of
any street or road, or into any nullahn, or watercourse, or the
bed thereof;
As anien(led by No. 21 of 1923 and Lasy Iley. Ord., 1924.
(10) any offensive trade -which is being carried on without
a licence froin the Board;
(11) . any cemetery or place of burial, so situated, or so
conducted, as to be unhealty;
(12) any chimney (not beign the chimney o a private
dwelling-house) or any furnace snding forth black smoke
in such quantity as to be a nuisance; and
(13) any act, omission,or thing whichis, or may be,
dangerous to life or injurious to health or property;
27-(1) It shall be lawful for the Medical Officer of
Health or any Assistant Medical Officer of Health on
reasonabel resumption of the existence of a nuisance on
any prmises, by an order in writing, to authorise any
officer, with an assistant or assistants, t enter such premises
at any time between 6 a.m. and 6 p.m. and to inspect the
same.
(2)The inspecting officer shall produecn and show the
order to any person beign, or claiming tobe, the occupier
of such premises: Provided that ht inspecting officer shall
not enter any house,or upon any land whcih may be
occupied at any time, should such occupier object to his
entry, without previously giving the said occupier two hours
notice in writing of his intention to do so.
28 Any person rrefusing admittance to te said inspect-
ing officer, after such notice has beeen given, shall be liable
to a fine not exceedign twenty-five dollars.
29. On the reeipt of any information respecting the
existence of a nuisance, the Board shall, if satisfied of its
existence, serve a notice ont eh authour of the nuisance, or
if such person cannot be found, on the owner or occupier of
the premisses on whcih the nuisance arises, requiring him to
abate the same within a reasonable time to be specified as
the notice, and to execute such works, and do such tngs as
may be necessary for that premisee, ntoice under this section
in no occupier of the prremises, notice under thsi section
shall be seved on the owner;
(ii) where the author of the nuisance cannot be found, and
it is clear that the nuisance does not arise or continue by
the act, default,.or sufferance of the owner, or occupier, of
the premises, the Board may abate the same.
.(iii) whore the nuisance arises in or on any lane., yard,
passage landino. stairway, roof latrine, urinal, water closet
or other place, which is used in coranion by two or inore
occupiers of any premises which are occupied as dwellings,
offices,- workshops, factories, ot, stores, notice under this,
section may be served on the owner.
80.-(1) It shall be lawful for the Board in any case
where there is a contravention of any by-law, to issue a
notice to the offender stating what is required to be done
to carry out the provisions of such by-law, and to call upon
him to comply with such notice within a reasonable tilne to
be stated in the said notice.
(2) The Secretary, the Medical Officer of Health, ally
Assistant Medical Officei. of Health, or such other officer as
the Board may depitte, may, however, institute summary
proceedings before a magistrate against any person contra-
venign any by-law without the previous issue of such notice
by the Board, and the. magistrate may impose a fine not
eveeding fifty dollars.
If the person served with notice tinder section 29 or
30.is dtssatisfied therewith, it shall be lawful for him, within
the time therein specified, to apply to the Board to review
the sanie, stating the grounds of his application, and the
Board shall. thereupon inquire Lato the matter, and shall
confirill' modify, stispend, or discharge the said notice, or
extend the time allowed for compliance therewith.
32. If such person has not obtained from the Board a
modification or withdrawal of the notice, and contirittes to
make default in complying with the requirements thereof, or
in the case of a nuisance, if the same, although abated since
.the service of the notice, is in the opinion of the Board
likely to recur on the same premises, the Board shall cause
a complaint, relating to the non-compliance with the said
notice, or to such nuisance, to be made before a magistrate
who shall thereupon issue a sumnions', requiring the persoi
on whom the notice wap, served to appear -before hipi.
33.-(1) If themagistrate is satisfied that the require-
ment of the Board is legal, or that the alleged nuisance
exists, or that, althoug the said nuisance is abated, it is
likely to recur on the said premises, he shall make an order
on such person-
(a) requiring hirn to comply with all or any of the requisi-
tions of the notice, or otherwise to abate the nuisance, within
a tinie specified in the order, and to do any worIcs necessary
for that purpose; or
(b) prohibiting the recurrence of the nuisance, and
directing the execution of the works necessary to prevent
the recurrence ; or
(c) both requiring abatement and prohibiting the rectir-
rence of the nuisance.
(2) The magistrate may, by his order, impose a fine not
exceeding fifty dollars on the person on whom the order is
made, and shall also give directions as to the payment of all
costs incurred up to the time of the hearing ol. making the
order.
34. Where the nuisance proved to exist is such as to
render any building, in the judgment of the magistrate, unfit
for human habitation, he may by an order in writing prohibit
the use thereof for that purpose until, in his judgnient, it
has been: rendered fit for that purpose, and may direct that
a copy of such order be affixed to the building in question,
and may further order that such building, and the.
approaches thereto (if any), shall be properly closed and
secured by the owner; and, on the magistrate being satisfied
that it has been rendered fit for that purpose, he may, by
order, declare the building habitable, and, froni the date
thereof, such building may te inhabited.
35.-(1) Every person who falls to obey in order to comply
with the requisitions of the Board, or of the Medical Officer
of Health, or of any Assistant Medical Officer of Health, or
of any select committee of the Board, and who fails to satisfy
the magistrate that he has used all due diligence to carry
out such order, shall be liable to a fine not exceedino. ten
dollars per day, during his default,; and every persoit who
---- --------
As amended by Ltiv Rev. Ord, 1924.
knowingly and wilfuilly acts contrary to an order oF
prohibition, shall be liable to a fine not exceedin- twenty-five
dollars per day so long as such action contintles; moreover,
the Bo{ard may, by any officer of the Department, enter the
premises to which any order relates, and abate the
and do whatever may be necessary in execution of stich
order, and recover, in a suirimary manner, the expenses
incurre d by them from the person on whom the order Is
made.
(2) Every person who defaces any copy of a magistrate's
order which has been affixed to anyor premises,
shall be. liable to a fine, not exceeding fifty dollars.
36. Notices issued by the Board relatino. to a ninsance
'Shall. be in the form in Schedule D, with such modifications
as may be necessary.
37. Any such notice or order may be served by any officer
or servant of the Department by delivering the same to or at
the residence of the person to whoin it is addressed, and
when addressed to the owner of aiiy premises it rnay, if such
owner cannot be found, be served by delivering the same to
some person upon such premises, or if there be no person
upon such premises who can be served, by affixing the same
:to some conspicuous part of the prernises.
Ownmon lodging-houses.
38. No person shall open, or keep open, a common
.lodging-house, unless the house is registered and the keeper
.Ahereof is licensed by the Secretary for Chinese Affairs. If
any person who opens or keeps open any common lodging-
house contrary to the provisions of this Ordinance cannot
be found, or if the keeper of any such common lodging-house
is absent from the Colony, the householder as defined by
this Ordinance shall -be deemed to be the person who opens
or keeps open such. hoijse and shall be liable accordingly.
39. Every person who, in making application for the
registrationor licensign of common lodging-house, know-
inglymakes any false statement regardign any of the
particulars required tobe stated in such application, shall be
liable to a fine not exceeding twenty-five dollars.
As amended by Law Rev. Ord.,11924.
40. The keeper of a common lodging-house shall keep a
register of the name, occupation, and native place of each
lodger, and of the dates of his arrival and departare, and
shall at all times, when required by any, officer of the
Department, give him. free access to such house, or anypart
thereof, and shall allow him to inspect such register, and
every such keeper who refuses such access or such inspection
shall lie liable to a fine not exceeding twenty-five dollars.
Pub6c washermen.
41. The Board may, by public notice, prohibit the washing
of clothes by washernien in the exercise of their calling
except at public wash-houses or at such other places as it
may appoint for the purpose.
Factories washermen.
42. No person shall, after the commencement Of this
Ordinance, establish or carry on in any premise,,, not so used
at such date, any dangerous or any offensive trade in any part
of the Colony, without the special permission in writing of
the Board, and a niagistrate may in addition to any penalty
which he inay inflict for a. contravention of this section, order
the closing of any such premises for Such period as he may
deem necessary.
For the purposes of this section, any such business shall
be deemed to be established after the cointrienceinent of
this Ordinance, not only if it is newly established but also
if it is removed from any one set of premises to any other
premises, or if it is renewed on the saine set of premises after
havin., been discontinued for a period of twelve months or
upwards, or if ally premises on which it is carried on are
enlarged without the permission of the Board; but a busi-
ness shall not be deemed to be established anew on any
premises by reason only that the ownership or oceitpaney'of
such premises is wholly or partially changed, or that the
building in which it is established ha'ving been wholly ol.
partially pulled down or burnt down has been reconstructed
without any extension of its area.
Provided always that any permission given-by the Board
under this section shall be revocable at any time by the Board.
As ainewled by Lasy Rev. Ord., 1924.
43. Whenever it appears to the Board that any brewery
or distillery, or any factory, workshop, or worle-place is
damp, or that it is not adequately lighted or is not ventilated
in such a manner as to render harinless, as far as practicable,
any gdS, vapour, dust or other impurity generated in the
;course of the work carried on therein, or is not maintained
in a cleanly condition, or. is so overcrowded daring the time
in which work is carried on, as to be dangerous or injurious
to the health of the persons employed therein, the Board
may, by written notice, require the owner thereof to take
such steps as the Board may consider necessary to prevent,
_stich dampness, or adequately to light or ventilate the same,
or to render harmless as far as practicable any gas, vapour,
dust or other impurity, or to cleanse the same or to prevent
the same from being overcrowded.
44. The Board may by an order in writing prohibit the
occupation for. domestic purposes of anybuildign in which
any dangerous or any offensive trade carried on.
Basements.
.45. It shall not be lawful, without the written permission
of the Board, to live in, occupy, or use, or to let or sub-let,
or to suffer or permit to be used, any basement for habitation
or for occupation as a shop, workshop, or factory, ol. for the
preparation or storage of food, and no basernent shall be so
used. unless At is well lighted and ventilated, and is free
from damp and is rendered rat-proof to the satisfaction of
the Board.
Overcrowding.
46. Every domestic building and any part thereof found
to be inhabited in excess of a proportion of one adult for
every 50 square feet of habitable floor space or superficial
area, and 550 cubic feet of clear and unobstructed internal
air , space, shall be deemed to be in an overerowded.
conditiom.
Provided that-
(j) Any room which does not contain a cubicle may be
inhabited in the proportion of one adult for every 30 square
feet of habitable floor space or superficial area, and 330 cubic
'feet of clear and unobstructed internal air space.
(ii) Every domestic building within the European Reserva-
tion, or within the Hill District, and any part thereof, (with
the exception of quarters occupied fly servants), which is
occupied by more than one adult for every 1,000 cubic feet
of clear and unobstructed internal air space shall be deerned
to be in an overcrowded condition.
(iii) The provisions of this section shall ' not apply in the
caseof temporary structures provided for housing workmen
during the progress of works.
47.-(1) It shall not be lawful for ,my householder or
tenant to let or sub-let, or allow to be used for occupation,
any domestic building or any part thereof to or by so large
a number of persons to cause the same to be in an ovei-
crowded condition.
(2) The householder or tenant (together with. his family,
if any,) if resident in any such domestic building shall be
counted in ascertaining whether such building or any part
thereof is in an overcrowded condition*.
(3) Where any domestic building or any part thereof is
ascertained to be in an overcrowded condition between
11 p.,. and 5 a.m., such. overcrowding shall be deemed to be
prima facie evidence that such building, or part tliei,eof,
was let or sub-let in contravention of this section.
48.-w If any domestic building or part thereof shall
be found to be in an overcrowded condition, any officerof
the Department being duly authorised so to do may within
five days apply to a magistrate to summon -before hini each
tenant or householder of such building.
(2) If it be proved that the said doniestic building or any
part thereof was overcrowded within five days prior to the
issue of the summons, the magistrate may inflict a fine not
exceeding twenty-five dollars on the person simulloned, and
may further make -in order for the abatemetn forthwiht of
such overcrowding.
Every person who fails to obey any such. order and who
fails to satisfy the magistrate that he has used all due
diligence to carry out such order, shall be liable to a fine not
* As ainelided by Law Rev. Ord., 1924. 1
exceeding ten dollars,per day during such default, and every
person who knowingly and wilfully acts contrary to any
such. order shall be liable to a fine not exceeding
twenty ve dollars per day so long as such action continues.
(3) On the hearing the magistrate may make such order
for the inspection, at any hour of the night or day, of the,
said domestic building or any part thereof as the circumstances
of the case may require. Such order shall continue in l*orce
for a period not exceeding one month.
49. Any room of a teaement-house used as a kitchen shall
not be used as a sleeping-room, and the householder or tenant
thereof shall be responsible that such kitchen is not so used,
nor shall,any passage, lobby; or other place. partitioned off
from any sleeping-roorn to the height of the ceiling, be
included in the calculation of the cubic capacity for himian
habitation.
50. In the calculation of cubic space for the purposes of
this Ordinance, two children of ten years of age or under
shall be counted as one person, and every person over tell.
years of age shall be considered as an adult.
51. No room fitted with bunks or beds shall be so fitted
as thereby to provide sleeping accommodation for a greater
number of persons than are by law permitted to occupy the
room.
Keeping of cattle, swine,etc.
52. The keeping of cattle, swine, sheep, or goats without,
a licence from the Board is hereby prohibited, and every
person who keeps any such animal, either withoia a licence
from the Board, or in. a manner contravening such sanitary
conditions as may be indorsed on: such licence, shall be liable
to a fine, not exceeding fifty dollars, and, further, to forfeit
all or any of the animals in respect of the keeping of which
he has so offended.
53. No person shall bring into the Colony, or drive, carry,
'transport, remove, or have or keep, or knowingly suffer to be
had or kept under his control or on his premises, any animal
or other creature used for human food in any way which may
cause it needless or avoidable suffering.
As aruetidgd by.Law Rev. Ord., 1924.
Compensation for animals slaughtered by order of the Board.
54.-(1) Subject to the provisions of sub-sections (2),(3)
and (4), the Governor in Council shall direct the following
compensation to be paid out of the public revenue for any
animal slaughtered by order of the Board un der the provisions
of this Ordinance for the prevention of infectious diseases
among animals:-
(a.) where the animal slaughtered was affected with
rinderpest or swine fever, the compensation shall be one-half
of its full value immediately before it became so affected:
(b) where the animal slaughtered was affected with pleuro-
penumonia, the compensation shall be three-fourths of its
full -value immediately before it became so affected
(c) where the animal. slaughtered was affected with foot
and mouth disease, the compensation shall be its full value
immediately before it becarne so affected
-,(d) where the animal slaughtered was affected with any
other kind of infectious disease among animals, the com-
pensation shall be such proportion of its full value immediately
before it became so affected as the Governor in Council may
decide after taking the advice of the Board;
1 (e) where the animal slaughtered was not affected with
any kind of infectious disease aniong animals, the com-
pensation shall be its full value immediately before it was
slaughtered.
(2) The value of an anirnal for the purposes of this section
shall be determined by the Governor in Council.
The maximum compensation shall be forty dollars in
the case of a pig, and fom. hundred dollars in the case of
any other.animal.
(4) Notwithstanding anything in this Ordinance, no com-
pensation shall be paid for any animal which has been
forfeited under the provisions of this Ordinance, and the
Governor in Council may if he thinks fit,. withhold, citheu.
wholly or partially, compensation -for any animal slaughtered
by Order of the Boardwhere, in the opinion of the Governor
in Council, the owner of the animal or the person having
As amended by. No. 21 of 1923 and Law Rev. Ord., 1924,
charge thereof has been guilty in relation to the animal of
an offence against this Ordinance or against an other Ordi-
nance regulating the importation of animals into the Colony
or the control of animals within the Colony.
(5) Unless otherwise ordered by the Governor in Council,
no compensation shall be paid for any animal which in the
opinion of the Board shows symptoms of idsease before it
has been in the Colony for the period of incubation of the
disease in question.
(6) It shall be lawful for the govenor in Council to define
by order, for the puposes of sub-section (5), the periods of
incubation of any diseases.
55. The Board may, notwithstanding anything in this
Ordinance, retain and reserve for observation or treatment
any animal liable to be slaughtered under this Ordinance by
order of the Board, but in every such case compensation
shall be payable as in the case of actual slaughter.
Depots for animals.
56. All cattle, swine, sheep and goats brought to the
Colony for the purpose of being slaughtered shall be kept,
except when turned out to graze, in a properly constructed
Government depot licensed by the Board:
Provided that no such animal shall be permitted to remain
in any Government depot for a longer period than twenty-
one days: Provided also that any such animal which is
condemmed by the Colonial Veterinary surgeon as unfit to
be slaughtered for human food shall be removed forthwith
by the owner.
57. No cattle, sheep or goats shall be turned out to graze
when the Board shall, for sanitary reasons, forbid such graz-
ing by an order in writing.
Slaughter-houses
58. A sufficient number of fit and proper slaughter-houses
to meet the requrements of the Colony shall be provided by
the Government; and it shall be lawfu for the Governor in
Council to grant to any person the sole privilege of slaughter-
ing cattle, swine, sheep and goats within the Colony or
within any particular district or locality therein, for such
rent, premium, or consideration, and for such period and
upon slich conditions -is shall be deemed expedient: Provided
always that the Governor in Council may at discretion either
lease the privilege of slaughtering, such aninials by' private
contract, or appoint any officer of the Department or other
person to manage any or all of the putblic slaughter-houses.
59. No . slaughter-house shall be opened or kept open
except under the provisions of this Ordinance; and. every
slaughter-house which shall be otherwise open or kept open
shall, together with the building in which the same shall be
carried on, be deemed a nuisance, and the magistrate may,
by an order in writing, prohibit the use of such building for
that purpose, and may further impose.on the person opening
o r keeping open the. slaughter-house a fine not exceeding
fifty dollars.
60. The lessee of the privilege of slatightering cattle,
swine, sheep and goats shall enjoy, during the whole of the
term of his lease, the sole and exclusive privilege of slaugh-
tering such animals in the Colony, or in such part thereof as
his lease may relate to, and shall give such security for the
payment of the rent thereof and for the due observance of
the, by-olaws regulatin slaughter -houses as the Governor in
Council may direct.
61. The lessee of the privilege of slaughtering cattle
swine, sheep and goats shall not sub-let or assign any part
thereof without the written permission ofthe Board.
62. No person shall slaughter any cattle, swine, sheep or
goat, or dress any carcase thereof, except within a slaughter-
house appointed for that purpose; Provided always that
goats or sheep may 'be slaughtered or dressed elsewhere by
or for any Indians, Indian troops, or Indian police quartered
in the Colony.
63. Except as provided in this Ordinance, no person shall
demand or receive any money or other valuable considera-
tion as a fee, fine, toll, rent or otherwise for access or'
admission to, or for slaughtering any cattle, swine, sheep, or
goat in any slaughter-house.
64. The mark known as the Broad Arrow shall be used
'for, the purpose of denoting the fitness of cattle or sheep to
be slaughtered for human food.
65. No cattle or sheep shall be slaughtered for human
food in any slaughter-houose unless maked with the Broad
Arrow.
66. 'Every person who without lawful authority stamps,
uses, applies or impresses the Broad Arrow, or any mark
apparently intended to resemble the Broad Arrow, on any
cattle or sheep, shall upon summary conviction be liable to
imprisonment for any term not exceeding six months, or to
a fine not exceeding two hundred and fifty dollars.
67. If any person passes, or attempts to pass into any 1
slaughter-house, any cattle, swine, sheep or goat which has
.not been inspected, passed, and in the case of cattle or a
sheep) marked with the Broad Arrow by an officer duly
authorised by the Government, such animal may be detained
by any officer on duty at the slaughter-house, and such person
and also the owner of such animal shall each upon summary
conviction be liable to a fine not exceeding one -hundred
dollars, or to imprisonment for any term not exceeding three
months, and, further, the magistrate may order such animal
to be forfeited, and thereupon it may be dealt with as the
Governor may determine.
68. The Colonial Veterinary Surgeon may cause stamps
or other instruments to be made for the purpose of establish-
ing a special official mark for beef, mutton and pork before a
the carcases leave a slaughter-house, in order to show that
such carcases are fit for human food, and may change or
alter such mark; and every such marle for the time being in
use at any slaughter-hou se under the authority of the Colonial
'Veterinary Surgeon shall be the official mark within the
meaning of this section.
'69. Every person who counterfeits or makes use of, or
attempts to counterfeit or to make use of, the official mark
Which is used for beef, mutton and pork shall upon summary
As amended by Law Rev. Ord., 1924.
conviction be liable to imprisonment for ally term liot exceed-
ing six months, or upon conviction in the Supreine Court, to
imprisonment for any term not exceeding two years.
70. If any officer of the Department at any time discovers
in any market, any carcase or part of a carcase of beef, mutton
or pork not bearing the official mark aforesaid, he is hereby
authorised to seize it, and the Colonial Veterinary Surgeon
may order it to be destroyed, and no compensation shall be
payable to ally person in respect of such destruction.
71. The Directot. of Public Works, the Secretary for
Chinese Affairs, and the Captain Superintendent of Police,
and their respective officers, as well as members of the Board
and officers of the Department, shall have at all times free
access to every part of every slaughter-honse.
Markets.
72. All inarkets established at the commencement of this
Ordinance shall be continued and shall be subject to this
Ordinance, but it shall be lawful for the Governor in Council
to close any of them, and also to establish or close any new
market.' No market shall be opened or kept open except
under the provisions of this Ordinance; and every niarket
which shall be otherwise opened or kept open shall, together
with the building in which the same is carried on,be
deemed a nuisance.
73. No buildings shall be erected or maintained in any
market except stalls, and quarters for market officers, police
and porters. Such buildings shall be ol stone, brick or other
approved impervious material, and the stalls shall be fitted
with stone, wooden or other approved counters. No person
shall be allowed to pass thenight in any market except the
police and caretakers recognised by the Head of the
Department.
74. All market-buildings shall be let by the Head of the
Department in such manner and on such conditions as shall
be approved by the Governor in Council. Until such condi-
tions and manner of letting shall be so established they shall
be as follows:-
Asaniended by Law Rev. Ord., 1924.
(1) They shall be let without fine or premium either from
inonth to nionth, or for a term of years, for the highest relit
obtainable, such rent to be ascertained by sealed tenders.
In case of equal tenders the tenant in possession, if any, shall
.have the preference.
(2) If the letting is from month to month, a month's notice
of its discontinuance shall be given either by the Head of
the Department or the lessee as the case may be.
(3) If the letting is for a year or more, no notice of the
expiration of the terin shall be necessary.
(4) No inarket-building shall be let for more than three
years except at a higher tent than can be obtained for a
three years lease, nor for ally term exceedirl- a five years
lease, without the approval of the Governor.
(5) AU rents of market-buildings shall be paid to the Head
of the Department in advance within the first. seven days of
each month.
(6) The Governor may order the forfeiture of any lease of
a niarket-bnilding if it is proved to his satisfaction that the
lessee has used such market-building for any other ptirposes
than those pertaining to the business of a market, or if stich
lessee has been convicted of a contravention of any by-law
for the regulation or sanitary maintenance of markets.
75. No lessee of any market-bullding shall sub-let or
assign the same or any part thereof withotit the written
permission of the Head of the Department, nor shall he
transfer his lease to any other person. Nevertheless the
business of any lessee may be carried on, in case of his death
.or absence, by his executors, administrators, or agents until
the expiration of his lease.
76.. No alteration in or addition to any niarket-building
or any fittings thereof shall be made or conimenced without
the sanction of the Director of Public Works in writing.
. 77. Whenever'the lessee of any market-building fails to
.comply with any condition of his holding or grant as to the
execution of any repairs to such market-building or other
works in connexion with the same, the Director of Public
Works may summon such lessee before a magistrate, who
may summarily order hirn to execute such repairs or other
works within a reasonable time to be specified in sti eh order.
Any failure to carry out the terms of such order shall be
deemed an offence against this Ordinance.
78. Except as by this Ordinance provided, no person'
shall within the City of Victoria or the Harbour, or in
Kowloon or in New Kowloon, or in the villages of. Shaukiwan
or Qiiarry Bay, orin stich other villages as shall be named in
any Government notification, sell or expose for in any
place not being a public market within the meaning of this
Ordinance any arti cles of food for man usulaly sold or exposed
for sale in a public market: Provided always that the
Board may grant licences for the sale of articles of food for
man elsewhere than in a public market, to such persons,
for such considerations, and for such periods as the Board
shall think fit.
79. Nothing in this Ordinance shall be so construed as to
forbid any of the following sales of food:-
(1) of rice, bread, milk, salt fish, or confectionery;
(2) of green vegetables, fruit, bean-curd, congee, soup, or
other prepared food by licensed hawkers;
(3) of fish, by licensed boatmen at a distance of at least
one hundred yards from shore;
(4) of cooked provisions by any licensed victualler or
keeper of a boarding-lionse or refreshment room;
(5) of any food commonly sold by chandlers atid purveyors
not being raw butchers' rneat
(6) public sales by licensed auctioneers.
80. Except as provided by this Ordinance, no person shall
demand or receive any money or other valuable consideration
as a fee, fine, toll, rent or otherwise for access or admission
to, or for selling, or buying in any market.
81. The Director of Public Works and the Captain Silperin-
tendent of Police, and their respective officers, is ivell as
members of the Board and officers of the Departuient, shall
have at all times free access to every part of every market-
building.
UnwhoLesome food.
82. No person shall sell or expose for sale or bring into
`ihe Colony or into any market, or have in his possession
without reasonable excuse any food for man in a tainted,
adulterated, diseased or unwholesome state, or which is
tnfit for use, or any food for any animal which is in an
unwholesome state or unfit for their use, and any member
of. the Board, or any officer of the Department or of the
police may seize any such food, and the Head of the
Department on the recommendation of the Medical Officer
of Health or of any Assistant Medical Officer of Health or
of the Colonial Veterinary Surgeon may order it to be
,,destroyed or to be so disposed of as to prevent it from being
used as food for man or animal, as the case may be
83., Anymern ber of the Board, or any officer of the
Department duly authorised by the Board in writing, may,
,:at any time between 6 a.m. and 6 p.m., enter any shop or
premises used for the sale or preparation for sale, or for the
storage, of food, to inspect and examine any food.found
therein which he shall have reason to believe is intended to
be used as human food; and in case any such food appears
to such member or officer to be unfit for such use, he may
,Seize the same, and the Head of the Department may order
it to be disposed of as in section 82. The proof that such
food was not exposed or deposited for any such purpose
shall rest with the person charged.
83A. Every person in whose possession there is found
any food liable to seizure under sections 82 or 83 shall
further be liable to a fine not exceeding one hundred dollars.
. 84. Whenever the Medical Officer of Health or any
Assistant Medical Officer. of Health shall be of opinion or
have reason to su ' spect that any person in the Colony is suffer- 1
'ing from an infectious disease attributable to inilk supplied ,
from any dairy situate within the Colony, or that the c
'consumption of milk from such dairy is likely to cause
.infectious disease to any person, he shall have power to
,inspect,, such dairy, and to medically examine any person
'residing or employed therein whom he 'may suspect to 'be
.suffering from an infectious disease (unless such person
'shall produce a certificate in writing from a medical
practitioner that he is not suffering from an infectious
M amended by Law Rev, Ord., 1924.
disease), and, if accompanied by the Colonial Veterinary
Surgeon, be may inspect and examine the animals therein,
and the carcases of any -animals that may have died therein,
and if, on such inspection and examination of the dairy or
of the animals or carcases, or on examination or analysis of
the milk supplied from such dairy, or on examination of any
person employed or residing therein, ol. on investigation of
the sources of the milk supplied. to such dairy, the Medical
Officer of Health or any Assistant Medical Officer of Health
is satisfied that infectious disease is caused, or may 1)e
cansed by the constimption of the milk stipplied therefrom
he shall report forthwith to the Colonial Secretary for the
.information of the Governor, and the Colonial Secretary
shall thereupon give notice to the dairyman to show cause
in writing within such time not less than twenty-four hours,
as may be specified 'in the notice, why an order of the
Governor in Council should not be made requiring him not
to supply any milk from such dairy until such order has
been withdrawn; and if he fails to show good cause, then
the Governor in Council may make such order as aforesaid.
A. copy of such ordel. shall be furnished to such dairyman
and the order shall also be published in the Gazette. An
order so rnade shall be publiched on the Med ical Officer of
Realth.or any Assistant Medical, Officer of Bealth reporting
that he is satisfied that the cause of the infection has been
removed: Provided always, that no dairyman shall be liable
to an action for breach of contract if the breach be due
to an order from the Governor in Council made iincler this
section.
85. Every person who-
(I) refuses to perinit any litspection or examination
authorised by section 84 ; or
(2) wilfully obstructs any authorised officer in carrying
out the provisions of the said section ; or
(3) refuses or neglects forthwith to comply with or to
carry out ally order of the Governor in Council made there-
under,
shall'upon summary conviction be liable to a fine not
exceeding five hundred dollars, and, if the offence is a
continuing one, to a daily line not exceeding lifty dollars
,per day so long as the offence continues.
As amended 1) 7 Law Itev. Ord., 1924.
86. Every dairyman who, allows any person suffering
from an infectious disease, or who has recently been in
cofitact with a person so suffering, to milk cows, buffaloes,
or goats, or to handle vessels used for containing milk for
sale, or in any way to take part or assistin the conduct of
the trade of the dairy so far as regards the production,
distribution, or storage of milk, or to reside in any part of
the dairy that is used for the housing of the cattle or goats,
.or for the storage of milk, and every dairyman who, while
he himself is so suffering, or has recently been in contact
with any person suffering from an. infectious disease, milks
cows, buffaloes, or goats, or handles vessels containing inilk
for sale, or in any way takes part or assists in the conduct of
his trade so far as regards the production, distribution, or
storage of milk, or resides in any part of his dairy that is
used for the housing of the cattle or goats or for the storage,
of milk, shall -upon surnmary conviction be liable to a fine,
not exceeding one hundred dollars: Provided that it shall
be a sufficient defence if such dairyman shall prove that he
did not know, and had no reason to suspect, that he, or that
such person, was suffering from an infectious disease.
Removal of Infeeted persons.
87. Where ally person is suffering froni plague, cholera,
small-pox, or any other contagious or infectious disease, and
is witholit propel. lodging ol. accommodation, or is lodged in
a domestic building occupied by more than one family, or is
on board any ship or vessel, a magistrate may, on the
certificate ofany medical practitioner, order the removal of
such person to such suitable hospital or other like place as
may be provided for the purpose.
88.-(1) No person who is suffering from plague, cholera,
or small-pox, or any other contagious or infectious disease,
shall enter any public conveyance, or any vessel other than
such as may be specially provided for the purpose by the
Board, and'no owner, driver or person in charge of any
public conveyance or of any vessel (except as aforesald), shall
knowingly carry or permit to be carried in such conveyance
or vessel any person suffering as aforesaid.
As ani'end6d by Law Rev. Ord., 1924.
(2) No public conveyance, and no vessel which has been
used to carry any person suffering), froin plague, cholera, or
small-pox, or any' other contagious or infectious disease, shall
be again used until it has been thoroughly disinfected to the
satisfaction of the Medical Officer of Health or of any
Assistant Medical Officer of Health, and any officer of the
Department or of the police may detain any such public.
conveyance or any such vessel until it has been disinfected
as aforesaid.
(3) Every person committing an offence against this section
shall be liable to a fine not exceeding one hundred dollars.
89. The Board shall have power by officers of the Depart-
ment to enter and to cleanse and disinfect any premises
where any person suffering from plague, cholera, or small-
pox, or any other contagious or infectious disease, is or has
been, or is reasonably suspected to have been, recently located,
and the Board may recover the cost of sitch cleausing and
disinfection from the householder; but compensation may
be given to such householder for any bedding, clothing, or
other articles which have been destroyed during such
cleansing and disinfection:
Provided that where the case of infection has been duly
reported no charge shall be made for the cost of such
cleansing and disinfection, and reasonable compensation for
property destroyed or damaged shall in such case be given.
Cemeteries.
90 '-(1) It shall be lawful for the Governor in Council,
by notice published in the Gazette, to authorise places to be
used as cemeteries or urn cemeteries, and it shall be lawful
for the Board by by-law to set apart any portion of any
authorised cemetery as an urn cemetery.
(2) The cemeteries and urn cemeteries set forth in the list
immediately following this section, and such other cemeteries
and urn cemeteries as may be,author * ised by the Governor in
Council., and such urn cemeteries as may be set apart by the
Board, shall be deemed authorised cemeteries or urn ceine-
teries as the case may be.
As amanded by No. 21 of 1923.
(3) The. cemeteries and urn cemeteries set forth under the [s. 90 contd.]
sub-heading CLOSED' in the list of authorised cemeteries
and urn cemeteries immediately following this section shall
be deemed to have. been closed.
(4) It shall be lawful for. the.Governor in Council, by
notice in the Gazette, to close any authorised cemetery' or
urn cemetery.
AUTHORISED CEMETERIES.
The Mount Caroline Cemetery.
The Kai Lung Wan Cemetery.
The Kai Lung Wan Cemetery, East.
The Aberdeen Cemetery, Sham Wan.
The Shek 0 Cemetery.
The Stanley Cemetery.
The Chai Wall Cemeterv.
The Sai Yu Shek New denietery.
The Christian Chinese Cemetery, Kowloon City.
The Fukienese Cemetery, Kowloon City.
The Christian Chinese Cemetery, Kowloon Tong.
The Christian Chinese Cemetery, Pokfulam Road.
The Chinese Permanent Cemetery, Aberdeen.
The Colonial Cemetery, Happy Valley.
The Roman Catholic Cemetery, Happy Valley.
The MAhomedan Cemetery, Happy Valley.
The Hindoo Cemetery, Rappy Valley.
The Zoroastrian Cemetery, Happy Valley.
The.lewish Cemetery, Happy Valley.
The. Exirasian Cemetery, Mount Davis.
,The French Mission, Cemetery, Pokfulam.
Theloman Catholic Cemetery, Sookunpoo.
The Indian Cemetery, Tai Shek Kti.
The Ho Mun Tin Chinese Cemetery.
The Aplichau Urn Cemetery.
The Cheung,Sha Wan Urn Cemetery.
The Chai Wan Urit Cemeterey.
The Ho Mun Tin Urn Cemetery.
The Sai Yu Shek *Urn Cemetery.
The Sookunpoo Urn Cemetery.
The Telegraph Hill Urn Cemetery.
The Kai Lung, Wan East Urn Cemetery.
The Aberdeen (Sham. Wali).Urn Cemetery.
CLOSED.
The Mount Dayis Cemetery.
The Ma Tan Wal Cemetery.
The Kai Lung Man Extension Cemetery.
The Po Kong Cemetery.
The Shamshuipo Cemetery.
The Tseung Lung Tin Cemetery, Cha Kwo Leng.
The Sai Yu Shek Old Cemetery.
The Kowloon Tong Cemetery.
The Cheung Sha Wan Cemitery.
The Kennedy Town Cemetery.
The Hau Pui Lung Cemetery.
The Tai Shek Ku Ur Cemetery.
91. Every person who, without the written permission of
the Governor on the recommendation of the Board, btiries
any dead body elsewhere than in an authorised cemetery
which has not been closed, and every person who without
such permission deposits an urn containing the rerriains of
any dead body elsewhere than in an authorised urn ceinetery
which has not beenelosed, shall upon suminary conviction
be liable to a fine not exceeding one hundred dollars.
92.-(1) Subject to the provisions of this section, it shall
not be lawful without a permit granted in the manner here-
inafter provided to exhume any body or the remains of any
body which may have been buried in any place or to rernove
the remains of any body from any urn which may have been
deposited in any place, and every person who exhumes any
body or the remains of any body, or who removes the
remains of any body from any urn, contrary to the provisions
of this Ordinance, shall upon summary conviction be liable
to a fine not exceeding two hundred dollars.
(2) Subject to the provisions of sub-seetion (4), such
permit shall be granted only to the legal personal repre-
sentative or next of kin of the person whose body or the
remains of whose body are concerned or to the Cluly
authorised agent of such legal personal representative or
next of kin.
As amended by No. 21 of 1923.
As amended by No. 21 of 1923 an(l Law Rev. Ord., 1924.
(3) Such permit may be granted----
(a) in respect of aily authorised cemetery or urn cemetery,
by the Board, under the hand of the Secretary, and
(b) in respect of any place other than an authorised
cenetery, or urn cemetery, by the Governor under the hand
of the Colonial Secretary.
(4) Notwithstanding the provisions of sub-section (2), it
shall be lawful for the Board, -under the hand. of the Secre-
.tary, to grant to the manager or manfagers of-a leased.
cemetery a.permit for the removal of any body or the
,remains of any body from any place in such leased cemetery.
(5) Notwithstanding the provisions of sub-section (2) it
shall be lawful for the Governor under the hand of the
Colonial Secretary, to grant a permit for the removal of any
body or the remains of my body from any place other than
an authorised cemetery or urn cemetery, to any person who
in his opinion has a sufficient interest in the disposal of the
body or remains in question.
(6) The permitting authority may in each case prescribe
such conditions as he may deem fit, and any person who
neglects to observe the conditions of the permit shall upon
summary conviction be liable to a fine not exceeding.two
hundred dollars.
(7) No such permit shall be granted in respect of any,
grave or urn on land held under lease from the Crown with-
out the written consent of the Crown lessee or his duly
authorised agent.
(8). N6twithstanding anything contained in this section, it
shall be. lawful for the Governor, whenever he shall deem it
expedient, to, remove any bbdy or the remains of any body
from any grave or urn whatsoever and by order under his
hand to direct such removal to be rnade in such, manner as
he shall think fit.
(9) No such order shall be made directing any such
removal from an authorised. cemetery or urn cemetery until
six months notice of the intention to make it shall have been
given by notification in the Gazette.
(10) When an order is made directing a removal from
any place other than an authorised cemetery or urn cemetery,
the Secretary for Chinese Affairs shall take such steps, if any,
as he may deem necessary for giving notice to the persons
interested in the disposal of the body or remains.
(11) The overnment shall make proper and fitting
arrangements for the reburial in an authorised cemetery or
urn cemetery of any body or the remains of any body
removed under sub-section (8), and for the removal there-
with being defrayed out of the public revenue: Provided
that when it is desired otherwise to disposeof bodies or the
remains of bodies of persons of Chinese race in accordance
with Chinese custom, the necessary permission shall be give,
subject to such conditions as the Governor may prescribe, all
reasonable expenses in connexion with such disposal, if within
the Colony. being defrayed out of the public revenue.
(12) Any body or the remains of any body hereafter buried
or deposited without permission elsewhere than in an
authorised cemetery or urn cemetery shall be liable to
removal without notice by direction of the Head of the
Department, and may be disposed of as the Head of the
Department may direct.
(13) When any body or the remains of any body is or are
removed under any of the provisions of this section, it shall
be lawful to remove also any grave or urn in which such
body or remains are found.
(14) There shall be kept at the Board office a record of
every permit granted and of every order or direction made
under the provisions of thi ssection, other than permits,
orders or directions relating to urns. Such record shall
contain particulars, so far as the same can be ascetained, of
the race, nationality,name, sex and age of the persons whose
bodies or the remains of whose bodies have been removed
under the provisions of this section, and particulars of the
places from which and to which the same have been removed,
Such record shall be open to inspection by any person during
office hours.
(15) Notwithstanding anything contained in this section.
it shall be lawful fro a magistrate to order the exhumation
of any body or the remains of any body for the purpose of
inquiry into the death of any person.
Recovery of expenses by the Board.
93. All reasonabld expenses incurred. by the Board in
consequence of any default in complying with any order or
notice issued under the provisions of this Ordinance shall be
deemed to be money paid for the use and at the request of
the person on whom the said order or notice was made, and
shall be recoverable from %him in the ordinary course of law
at the suit of the Secretary. The provisions of this section
shall apply to any orders or notices issued under any by-law
by the Board or by any duly appointed committee of the
Board.
94. The provisions of the Crown Remedies Ordinance.
1875, shall apply to the recovery of all such expenses, and
the certificate required by that Ordinance shall be signed
by the Secretary.
Certificates.
95. Certificates and written permissions of the Board
under Part II or under any by-law may be given under the
hand of the Secretary or such other officer as the Board may
appoint in that behalf. Such certificates and permits shall
for all purposes be privid facie evidence of the matters
therein stated.
Obstruction of officers.
95A. Every person who obstructs any officer of the
Department in the execution of the duties, or in the exercise
of the powers, imposed or conferred upon him by any of the
provision., of this Ordinance or by any of the by-laws made
thereunder, shall upon summary conviction be liable to a
fine not exceeding fifty dollars or to imprisonment for any
term not exceeding one month.
PART III.
BUILDINGS.
Building materials.
96. Except as hereinafter provided, the walls of all per-
manent buildings shall be constructed exclusively of good
hard well burnt brick, sound stone, or other hard and
incombustible material approved by the'Building Authority.
As atnended by Law Rev. Ord., 1924.
As arnended by 1,Jo. 21 of 1923.
Exceptlional bittldings.
97. Every exceptional building (including the walls, roofs,
floors, galleries and staircases) shall be constructed with
such precautions for the safety of the public as, having
regard to the special purposes for which such building or
works is or are used or intended to be used, shall be
approved by the Building Authority.
98. Buildings made wholly or partly of glass or iron or
other material not prpvided for in this Ordinance may fie
designed otherwise han herein provided, andlshall. be
subject to the approval of the Building Authority in each
particular case.
99. Notwithstanding anything herein to the contrary
provided, where buildings are outside the boundaries of an
urban district, such finildings, if entirely detached fronj
other buildings and separated by a distance of not less than
one hundred and fifty feet from any neighbouring building
in different ownership, may have walls, verandahs and
balconies constructed wholly or partly of wood, and such
buildings shall be deemed to be exceptional buildings and
shall be subject to the approval of the Building Authority in
each particular case.
Walls.
100. Every wall constructed of brick, stone,or other hard
and incombustible substance, shall be solid across its entire
thickness, and shall be properly bonded and substantially
put together with cement-mortar or good lime-mortar com-
posed of good cement or lime and clean sharp sand, or red
or yellow earth, or other suitable material to the satisfaction
of the Building Authority. Except where specially permitted
in this Ordinance, no part of such wall shall be thicker than
any part underneath it, and all cross walls and return walls
shall be properly bolided into main walls. Sound blue
bricks may be used in the walls of the uppermost storey only
of a building, or, where such storey exceeds fifteen feet in
height, in the uppermost fifteen feet of the walls of such
storey; but blue bricks, may not, without the approval of the
Building Authority, be used in the walls of the other storey
or storeys.
101.-(1) E, very person who erects a new building shall
COnStruct every external and every party wall of such build-
ing not exceeding forty feet in length, clear of cross walls, in
accordance with the following rules, and in every case the
thickness prescribed shall be the minimum thickness of which
such. wall may be constructed
(a) Where the wall does not exceed 12 feet in height, it
shall be 9 inches thick for its. whole height.
(b)the wall exceeds 12 feet but does not exceed
25 fee,t~in height, it shall. be 13-~l~ 'Inches thick- for its'whole
height.
(c) Where the wall exceeds 25 feet but does not exceed
40 feet in height, the wall in the lowermost storey, and in
any space for -ventilation 'underneath such storey, shall be
18 inches thick, and in the other storey or storeys 1.3
thick.
. (d) Where the wall exceeds 40 feet but does not exceed
55 feet in height, the wall in the lowermost storey, and in
any space for ventilation underneath such storey, shall be
22 inches thick, the wall in the next storey 18 inches thick,
and in the other storey or storeys 1319- linches thick.
(e) Where the wall exceeds 55 feet but does not exceed
70 feet in height, the wall in the lowermost storey, and in
any space for ventilation underneath such storey, shall be
27 inches thick, the wall in the next storey 22 inches thick,
the wall.in the next storey 18 inches thick, and in the other
storey or storeys 13'- inches thick.
Where the wall exceeds 70 feet but does not exceed
80 feet in height, the will in the lowerinost storey, and in
any space for ventilation underneath such storey, shall be
31-1 inches thick, the wall. in, the next, stlorey 27 'Livehes thick,
the wall in the next storey 22 inches thick, the wall in the
next storey 18 inches thick, and in the otherstorey ot, storeys
13-1 inches thick.
Provided that-
(i) in cases where the number of storeys is less than that
indicated in the foregoing rules, the respective thicknesses of
the walls shall be (letermined by the Buildign Authority;
As amended by Law Rev. Ord., 1924.
(ii) in the case of two-storied buildings and of the upper
most two storeys of buildings containing a greater nurnber of
storeys, the walls may be 13-'- thick throughout the
height of such two storeys, provided such height does not
exceed 25 feet
(iii) no storey shall exceed in height 15 feet without the
permission of the Building Authority, who shall in such case
prescribe to what extent, if any, the walls shall be increased
in thickness. Such increase of thickness may be provided
for by piers, of the required thickness and of such collective
length, not exceeding one-fourth part of the length of the
walls, as the Building Authority m
(2) If any wall exce, ds 40 feet but does not exceed 60 feet
in length clear of cross walls, the thickness of such wall
shall, unless the Building Authority otherwise permits, be
increased by adding 4-1 inches to the thicknesses specified in
- -section (1).
sub
101A. The provisions of section 101 shall also apply, in
the case of existing buildings, to any walls or portions of
walls hereafter erected or re-erected therein: Provided that
in any case where from any cause it is not possible to apply
such provisions, the thicknesses shall be determined by the
Building Authority.
102.-No wall, other than a boundary wall, shall exceed
sixty feet in length, clear of any return or cross wall, with-
out the approval of the Building Authourity.
A wall shall not be deemed a cross wall for the pu rpose of
determining the length of any external or party wall unless
it is carried up to the top of the topmost storey, and unless
in each storey the aggregate extent of the vertical faces or
elevations of all the recesses and that of all the openings
therein taken together shall not exceed one-half of the whole
extent of the vertical face or elevation of the wall in such
storey.
(2) No wall shall exceed seventy-six feet in height without
the approval of the Building Authority. The height of
every wall shall be measured from the level of the adjacent
As amended by Law Rev, Ord., 1924,
foot-path, or where no foot-path exists, from the level of the
.street or ground outside, to the highest part of such wall or,
.in the case of a gable, to half the height of such gable, but
shall in no case include any portion of a wall which acts as
a retaining wall. Ornamental towers, turrets, or other
architectural features or decorations, and parapets not
exceeding three feet in height shall not be included in
measuring the height of such wall.
(3) Any external wall of a building exceeding thirty feet
in length, clear of cross walls, shall be secured at the level
of each upper floor, and at the ceiling or roof, with wrought-
iron tie-rods not less than one and a quarter inches in
diameter, spaced not more than twelve feet apart . and
.extending through such external wall and the nearest
parallel wall of such building. The tie-rods shall have
screwed ends with nuts bearing upon wrought-iron washer
plates not less than eighteen inches square by half an inch
in thickness, or cast-iron washer plates to be approved by
the Building Authority, and the brickwork of each wall for
its full thickness and for an area of two feet square round
the end of each tie-rod shall be built in cement-mortzar:
Provided that the Building Authority may modify or
dispense with the requirements of this sub-section whenever
he may consider such requirements unnecessary. .
103. The thickness of every cross wall shall be at least
two-thirds of the thickness prescribed by section 101 in that
behalf for an external wall or party wall of the same height
and length and belonging to the same class of building as
that to which such cross wall belongs, unless, in any
particular case, the Building Authority shall specially
authorise a less thickness. But if such cross wall supports
a superincumbent external wall the whole of such cross wall
shall be of the thickness prescribed for an external wall or
party wall. of the same height and length and belouging to
the same class of building as that to which such cross, wall
belongs.
10SA' Partition walls may be constructed of brick in
cement-mortar of a thickness of four and a half inches, or of
reinforced concrete or of such other material and of such
thickness as the Building Authority may permit.
104. Every wal l of every new domestic building, and also
every wall. of any other new building of or stone
having a tlinber floor, shall have a proper dainp-proof course
of sheet-lead, asphalt, or cement-mortai. (such asphalt or
cement-niortar to be not less than half an inch in thickness),
or other. impermeable material approved by the Building
Authority, beneath the lowest timbers and neai. the ground,
but in no case at a height of les., than six inches above the
surface of the ground adjoining such wall.
105. The foundation of every wall of a building shall lie
of footings of somid stone, brick, concrete or otlier equally
hard substance, carried down to a depth of not less than
twice the thickness of the wall in the lowest storey of the
sald building; and the lowest course of.every such founda-
tion shall be of it width of not less than twice the thickness
of the wall in the sald lowest storey, and flie width of such
foundation shall diminish gradually towards the upper
surface thereof in regular steps or offsets: Provided that on
rock or hard grond of an incompressible nature, or in
sandy, unstable or soft ground, the 13ullding Authority may
permit or require the foundations of all works and buildings
to be of such special depth and width, arid. of such materials
as shall be approved by him as being in each particular
case applicable to such ground.
Any porfion of a wall which acts as a retaining wall
shall be of such thickness as the Building Authority may
require : Provided that in any case , where its thickness is
in excess of that of the superincumbent wall the Building
Authority shall not require such portion to be of greater
thickness at the base than one-third part of its height.
106. Every party wall shall fle carried up above the
upper surface of the roof of every buildingto a height of
at least eightecii inches, measured at right angles to the
slope of the roof, and every such party wall shall be
properly coped. with a coping composed of cement and
sand in the proportion of not less than one part of cement
to every two parts of sand, or of such other material as ' the
Building Authority inay approve, or shall be otherwise
protected in.order to prevent water soaking into such wall.
.107.-(1) Openings may only be made in party walls to
an extent 'not exceeding tAvo-thirds of their area on each
storey.
(2) When it is desired to close any openings previously
made through any party wall, such openings shall be
solidly stopped up with brick or stone-work of the full
thickness of the party wall, and such brick or stone-work
shall be built in lime-mortal* or cement~mortar and properly
bonded with such party wall. Any future openings through
any such party wall shall be restricted to the removal,
in whole ol. in part, of such stoppings, unless the previous
openings did not extend to two-thirds of the area of such
wall, and, additional openings shall mily be rnade in such
manner as to ensure that the total extent of the openings,
inclusive of those previously made, shall not exceed two-
thirds of the area of such wall on each storey.
(3) Recesses way be made in party walls and in external
aggregate area of such recesses
walls: Provided that the
.does not exceed one-half the whole area of the wall of the
storey in which they are made, and that the backs of such
recesses are of not less thickness than thirteen inches in
party walls, and nine inches in external. walls.
(4) In the case of a shop front left open to the street, the
side walls or party walls shall be returned along such
front for at least twelve inches where the house has more,
and for. at least nine inches where the house has not rnore,
than. one storey above the ground storey, and such return
walls shall be properly bonded into the side walls or party
walls. Where such shop front is in a corner building, the
side wall shall be returned along such front for at least
two feet.
(5) Every opening and every recess in any wall shall
either be arched over with brick or stone-work in cement-
mortar or spanned by a steel girder or ferro-concrete beam
of such dimensions and construction as the Building
Authority. may consider necessary for the, support of the
superincumbent weight.
108.* NO lath and plaster wall, or other hollow wall,
shall be hereafter constructed in any building outside the
European Reservation or the Hill District, except, with the
permission of the Building Authority as signified by the
approval of the plan required under the provisions of this
Ordinance.
Bonding for the walls of domestic buildings.
109. Every domestic building hereafter erected, which is
not within the European Reservation or the Hill District,
shall have courses of hoop-iron, tarred and sanded, or other
suitable bonding, built into the main walls at the level of
the foundations, if required by the Building Authority,
and at the level of each floor and at the level of the eaves.
Each si-ich course shall consist of three bands in the case of
foundations and of all walls of a thickness of not less than
eighteen inches, and of two bands in the case of all walls
of a less thickness than eighteen inches; each hoop-iron
band, shall measure not less than one inch and a quarter
in width, and not less than one-thirty-second of an inch in
thickness, and such bands shall be continuous and lap-
jointed wherever practicable. In any case in which
continuous bands are not practicable they shall be arranlered
as the Building Authority may require.
Bressuvaners and lintels.
110. Every bressurnmer and every lintel, exceeding five
feet in span, used in a building, shall have a bearing of at
least six inches at each end, and shall rest upon a sufficient
pier of brick, stone or iron, erected on a solid foundation,
or upon an external, party, or cross wall, and every stich
bressunimer and lintel having such bearing upon any such
wall, shall be borne by a template or corbel of stone tailed
through at least half the thickness of such wall and of
the full breadth of ihe bressummer or lintel. Every such
bressurnmer and every such 'lintel shall be of' snfricient
strength.
Cancreting of ground surfaces.
111.-(1) The.ground surface of every domestic -building
shall be properly covered over with a layer of not less than
six inches of good lime-concrete or not less than three
inches.of 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, finished off smooth, and the ground
surface of every basement, area, kitchen, Iatrine, or open
surface connected therewith, such as backyards, courtyards,
alley-ways or spaces on which slops inay be thrown or from
which foul waters flow, and the ground surface of every
stable, cowshed, or other building in which animals are kept,
shall be properly covered over with a layer of good lime-
concrete not less than six inches thick finished off smooth
with not less than two inches of cement-concrete or with
hard glazed bricks or granite paving or glazed tiles bedded
and jointed in cetnent-mortar or with such other material
as may be approved by the Building Authority, or with a
layer of not less than four inches - of cement-concrete com-
posed of one part of cement, two parts of sand and four
parts of stone broken to pass through a one inch ring.
(2) The ground surface of every area, kitchen, Iatrine,
backyard, courtyard, alley-way,'or space on which slops may
be thrown, shall have a fall of not less than 1 in 40 from
the walls of the building towards the surface channel or
other outlet for the drainage of such surface.
(3) This section shall not apply to any existing domestic
building, the ground surface of which has been paved to the
satisfaction of the Building Authority in accordance with
any existing law or by-law and which is so maintained.
112. Where the ground surface of any domestic building,
or of any kitchen, Iatrine, or open surface connected there-
with, such as backyards, courtyards, alley-ways, or spaces
on which slops may be thrown or from which foul waters
flow, or of any stable, cowshed or other building in which
animals are kept, is or has been paved or covered over with
impervious material, and such material has been sub-
sequently broken, excavated or otherwise disturbed, or has
perished, the landlord or owner shall make good the same
to the satisfaction of the Building Authority upon the com-
pletion of.any work for the execution of which the saine has
been broken or otherwise disturbed, or within fourteen
days from the receipt by him of written notice from the
Building Authority so to do; and in default thereof he shall
be liable to a fine not exceeding twenty-five dollars for each
offence, and to a further line not exceeding ten dollars for
each day after such conviction during which such offence
continues.
As amended by Laiv Rev~ Ord., 1024.
Floors.
113. The level of the ground floor of every domestic
building hereafter erected shall be not less than six inches
,higher than the highest level of the ground. outside such
building : Provided that the Building Authority mayreduce
this requirement in any case where in his discretion it may
appear desirable.
114. No floor timbers of any one building shall approach
nearer than nine inches towards the floor timbers of any
other contiguous building, and the space intervening
between the ends of such timbers shall be properly and
substantially built up solid with whole bricks or with stone
laid in mortar.
. 115. The floors of all buildings including verandahs shall
not (unless constructed of concrete or other incombustible
material) be built into the thickness of any wall, but shall
either rest upon the top of the wall. or upon corbelling or an
,offset, so arranged as to give a bearing of at least four and a
half inches for the floor.
116 *-(1) In the case of every domestic building here-
after erected, the lowest storey used or adapted to be used
for human habitation shall. contain a clear space of at least
twelve feet, measured vertically, and every tipper storey
shall contain a clear space of' at least eleven feet measured
vertically : Provided nevertheless that in the case of any
caretaker's quarters, servants' quarters, kitchen, bathroom,
pantry, drying-room, or Iatrine, a clear space of it least
nine feet measured vertically shall be sufficient.
(2) In the case of a top storey, such clear space shall be
measured from the level of the floor up to the undeTside of
the tie or collar-beam of the roof, when celled at such level,
or up to half the vertical height of the rafters or purlins,
when the roof has no ceiling.
116A.-(1) In this section,
(a) Semi-detached has the same meaning as in section
179.
* As aineraled by No. 9 of 1920 and Law Rev. Ord, 1924.
(b) Storey means the space between the uipper surface
of a floor and the upper surface of the floor next above, or, if
there be no such upper floor, the space between the upper
surface of a floor and the upper surface of the roof, but does
not include any space which 's provided solely for the
purpose of ventilation and which is not used or adapted to
be used for human habitation.
(2). ' This section shall apply only to domestic buildings
erected after the'24th day of June 1920. *
1 (3) Subject to sub-sections (1), (5) and (6), the, lowest
storey which is used or adapted to be used for human
habitation shall contain a clear space of at least twelve feet
measured vertically, and every upper storey shall contain a
clear space of at least eleven feet measured vertically
(4) In detached and semi-detached buildings, and in any
building exempted by the Building Authority from the pTo-
visions of sub-section (3), every storey shall, subject to
sub-section's (5) and (6), contain a clear space of at least ten
feet measured vertically.
(5) Caretakers' quarters, servants' quarters, kitchens and
pantries may be constructed so as to contain a clear space
of only nine feet measured vertically.
(6) Bathrooms and latrines may be constructed so as to
contain a clear space of only seven and a half feet measured
vertically.
(7) In the case of a top storey, the clear space shall be
measured from the level of the floor up to the following
levels:-
(a) if there is a ceiling and if such ceiling is horizontal
throughout, then up to the underside of the ceiling; or
(b) if there is no ceiling or if the celIMg is wholly or
partly sloping, then tip to a level half way between the top
of the wall and the underside of the topmost timber of the
roof.
116B.-(1) No building or part of a building which has
a clear space of less than nine feet measured vertically shall.
be used for human habitation.
As aniended by No. 9 of 1920.
.(2) In, the case of a top storey, the clear space shall be
Measured from the level of the floor tip to the following
levels:-
(a) if. there i's a ceiling and if such ceiling is horizontal
throughout, then up to the underside of the ceiling; or
(b) if there is no ceiling, or if the ceiling is wholly or
partly slopi *ng, then up to a level half way between the top of
the wall and the underside of the topmost timber of the roof.
117. Every person who shall erect a new doniestic build-
ing shall construct every room in the lowest storey, if
provided with a boarded floor, in such manner that there shall
be, for the purpose of ventilation, between the underside of
every joist on which such floor may be laid, and the upper
surface of the concrete with which the ground surface or
site of such building may be covered, a clear space of,an
average height of not less than two feet and six inches above
the level of the ground outside, and he shall cause such space
to,be properly ventilated, any openings for such purpose
being protected in such manner as effectually to exclude rats
from such premises.
118-(1) No mezzanine floor or cockloft shall be erected
or maintained in any storey of a domestic building other than
the ground or thetop storey of such building.
,(2) No mezzanine floor or cockloft shall extend over more
than one-lialf.of the floor area of the room, nor shall it with-
out the *permission of the Building Authority exceed two
hundred square feet in area, and every mezzanine floor or
cockloft shall have a clear space below every part of it of not
less. than nine feet measured vertically. No mezzanine floor
or cockloft, shall so obstruct any doorway or window opening
into the external air as to prevent the same being opened to
its full extent.
(3) No portion of the space either above or below any
mezzanine floor or cockloft shall be inclosed except by wire
netting, lattice work or carved wood-work, arranged in such
a 1way, as to leave at least two-thirds open, and as far as,
practicable evenly distributed.
(4) No mezzanine floor or cockloft shall be erected, or if
already existing be allowed to remain, in any kitchen.
Provided that any existing mezzanine floor or cockloft, for
which a permit. in. writing has been issued by the Board or
Building Authority, shall be allowed to remain subject to
the conditions of such permit.
119. All wooden floors hereafter constructed shall be
properly tongued and grooved or otherwise jointed so as to
be reasonably water-tight.
120. The floors of all domestic buildings hereafter erected
outside the European Reservation or the Hill District shall,
unless specially exempted 'by the Building Authority, have
skirtings of cement or of other impervious material approved
by the Building Authority, at least twelve inches in. height
and of a thickness of not less than one inch.
Staircases.
121. Every staircase hereafter erected shall be so arranoed
as to have a minimum tread of eight inches and a maximum
rise of eight and a half inches per step.
No staircase erected after the 3rd day of July, 1908, shall
be constructed with a soffit so as to form any inclosed space
between the treads, the risers and such sodt in any building
outside the European Reservation or the Hill District, except
with the permission of the Building Authority as signified
by.the approval of the plan. required under the provisions of
this Ordinance.
Ceilings.
122. No ceiling shall hereaft be erected in any -building
outside the European Reservation or the Hill District except
with. the, permission, of the Building Authority as signified
by the approval'of the plan required under the. provisions of
.this Ordinance.
Corbelling.
123. All corbelling for the support of floor or of roof
timbers shall 'be done in stone cut to flat beds, or in red
brick, at least nine inches, in length set in cement-mortar.
The entire thickness of the valls throughout the height of
such corbelling shall also be built in cement-mortar. No
one corbellin - course if of brick shall project beyond the
course immediately beneath it more than two and a quarter
inches.
Roofs.
124. The roof of evexy building and of any minor super-
structure. placed above such roof except the doors, and frames
of dormers or sky-lights, shall be externally covered with
tiles, glass, metal, ol. other incombustible substance. All
hatchways leading out to the roofs of 'buildings shall be
,provided with hatches or covers which, if not composed
entirely of metal, shall be properly sheathed externally in
sheet-zinc or other' metal approved by the Building Authority.
125.. No roof timbers of any one building shall approach
nearer than nine inches towards the roof timbers ofany other
contiguous building, the space intervening between the
ends of such timbers shall be properly and substantially
built. up solid with whole bricks or with stone laid in mortar.
,126. No platform, supe rstructure, staging, or framework
of wood, mats, or other inflammable material shall be erected,
maintained, or fixed over or upon the roof of any building,
except in cases where the Building Authority grants per-
mission for the, erection of a temporary platform, super-
structure, staging, or framework of any such material as
aforesaid: Provided nevertheless, that any frame which is
affixed to a roof and which is used or intended to be iised
solely for the purpose of drying' clothes may be made of
bamboo.
127.. -The roofs of all buildings, including verandahs,
shall not,, unless wholly constructed of incombustible mate-
rials, be built into the thickness of any wall, but shall either
rest upon the top of the wall or upon corbelling or an offset,
so arranged as to give a bearing of at least four and a half
inches for the roof.
Wood-work.
128. No bond timber or wood-plate shall be built into
the thickness of any party or external. wall.
129 No timber or wood~work shall be placed.in any wall
or,chimney-breast nearer than nine inches from the inside of
any flue or chimney-opening, nor under any chirnney-opening
Within six inches from the upper surface of the hearth of
such chimney-opening..
Arches.
180.' Every arch under any ptiblic or private way usedas
a thoroughfare shall be formed of brick, stone, or other incom-
blistible. material. . If an arch of brick or stone is used, it
slia'll,'in cases where its span does not exceed ten feet, be of
a. thickness of ni6t less than twelve inches; where its span
exceeds ten feet but does not exceed fifteen feet, it shall be of
a thickness. of not less than fifteen inches; and where its span
exceeds fifteen feet, it shall be of such thickness and built of
such,inaterials as may be approved by the Building Alithority.
If an arch, bridge, or Platform of iron, concrete, or other
inconibustible material not'being brick or stone is used, it
hall be deemed to ' be an exceptional building, and shall be
constructed in such manner as may be, approved by the
Building Authority.
Projections, etc.
18 1. Every coping, cornice, facia, window dressing, portico,
verandah, balcony, and balustrade, and every architectural
projection and architectural. decoration whatsoever, and also
the eaves or cornices, to any overhanging roof, except the
cornices and dressings to the window fronts of shops, the joists,
boarding, mouldings and handrails of verandahs and balconies,
and the ; eaves and cornices to detached or semi-detached
dwelling-houses distant at least thirty feet from any other
building or from the, land of any adjoining owner, shall. be of
brick, tile, stone, artificial stone, slate, cement or other in-
combustible material. Every projection constructed of in-
combustible materials other than stone shall be built In
coment-mortari and.the entire thickness of that portion of the
wall covered by such projection shall also be built in cement-
mortar.
The roof of every building (including every verandah
and baloonyy and the floors of every verandah and balcony
shall be so arranged and constructed, and so supplied with
eaves-gutters and rain-water down-pipes properly connected
with the side-channels as to prevent ally water being dis-
charged upQn or over any public foot-path or road-way.
133. Save as by this Ordinance provided, it shall not be
lawful for any person to make any door or gate in such mall-
ner as to open over a public thoroughfare, nor to project any
door-step or landing on, to, or across any public foot-path, nor
to extend or affix any sun-shade, telegraph wire, signboaid,
lamp, grating, gutter, or other unauthorised projection from
any building, in such manner as shall cause obstruction, dan-
ger, or annoyance, in any street or to the passengers thereon,
or so as to cause any encroachment on or over any street ol.
unleased Crown land:
Provided that in the case of theatres and other public
buildings the doors may with the consent of the Building
Authority be inade to open outwards over a public thorough-
fare: Provided further that mouldings, cornices, or other
architectural embellishments and eaves-gutters may project
over a street or over unleased Crown land to an extent not
exceeding eighteen inches.
Verandahs, balconies and areas.
134. No encroachment shall be made on, over or into
unleased Crown land by any verandah ol. balcony, or by any
area, or by ally structure whatsoever~
(1) unless with the previous consent of the Governor; and
(2) until the applicant for leave to make such encroach-
ment shall have previously signed an undertaking in the
form contained in Schedules E or F; and
(3) unless subject to the regulations contained in Schedule
G or such other regulations as may be in force; and
.(4) unless the building to which such verandah, balcony,
area or sturcture appertains shall comply in all respects with
every provision of this Ordinance.
135. No balcony shall, except with the consent of the
Governor in Council, be hereafter projected over any street
whether public or,private, which is less than twenty-five fee~
in width.
136. No balcony shall, except with the consent of the
Governor in Council, be hereafter projected from anv build-
ing which exceeds in, height one and a quarter times the
width of the street over which such balcony is intended to
project, nor shall any building from which a balcony projects
be afterwards increased in. height so as to exceed one and a
quarter times the width of the street over which such balcony,
projects.
187. No verandah shall, except with the consent of the
G6vernor in Council, be hereafter projected over any street,
whether public or private., which is less than fifty feet in
width.
138. No verandah shall hereafter be erected, except with
the consent of the Governor in Council, of a height
than two storeys, unless such verandah fronts on a street of
not less.than sixty feet in width.
Restriction on partitions, obstructions and inclosures
in verandahs or balconies.
139. No partition (other than such as inay be necessary
for the separation of the verandah or balcony of any building
from the verandah or balcony of any adjacent building) shall
be erected or maintainedIn any verandah or balcony over
unleased Crown land or over any street, nor (except within.
the European Reservation or the Hill District) shall any such
verandah or balcony be obstructed, or inclosed wholly or in
part, or used as a bathroom, urinal, water closet, sleeping,
apartment, store-room, or kitchen, nor shall any rain or other
waIer be dischargpd therefrom save in the manner herein-
before provided:
Provided that, in the case of hotels and blocks of offices,
such partitions may be erected as inay 'be necessary for the
separation of one. roorn or suite of rooms from any adjacent
room.
Kitchens, fireplaces and chimneys.
140. Every' domestic building, and every floor of a
domestic building which is separately let for dwelling -pur-
poses,: shall be provided with.adequate. kitchen accommoda-
tion, the internal area of which shall not, except withthe
permission of ~the Building Authority, as signified by the
approval of the plan required under the provisions of this
Ordinance, be less than fifty square feet, and (-,very kitchen
shall be provided with a properly constructed fireplace, and
every kitchen on an upper floor shall be properly paved or
floored, with cement-concrete or other non-absorbent material
approved by the' Bililding Authority. The internal surface
of the walls of every kitchen shall also be rendered in
ceinent-mortar, or other non-absorbent material approved by
the said Authority, to the height of at least four feet froin
the floor level, and the thickness of such material shall not
be less than half an inch.
141. No kitchen of any domestic building otitside the
European Reservation ol. the Hill District shall, without the
permission of the Building Authority as signified by the
approval of the plan required under the provisions of this
Ordinance, hereaftet be constructed so as to extend across
more than,one-half of the width of such building if siich
building has other hulldings abutting against it on both sides
or is separated from any adjacent building or from land on
which any building may be erected by a less space than
twenty feet throughout one side. The width of a building
shall be measured parallel to the principal front and shall be
the average distance between the centres of the party walls
or the outer faces of the lateral external walls of such
building.
142. Every fireplace shall be constructed with a proper
chimney or smoke-flue and in such a manner as not to allow
the smoke to escape through any window or hole in the
walls or roof or through any vent other than such chimney
or smoke-flue. The interior surfaces of every brick or
masonry chimney or smoke-flae shall be smoothly rendered
with.mortar, or lined with earthenware pipes, and no such
chimney or smoke-flue, shall have less than twenty-eight
square inches of internal sectional area, equivalent to a
diameter: of six inches in the case of circular pipes, unless
with the approval of the Building Authority. Except when
required for heating purposes, smoke-flues shall be encased
with brickwork properly bonded into the wall in connexion
with which they are constructed, and when added to existing
buildings, such brickwork shall be built in cement-mortar.:
rovided, that in the case of chimneys or smoke-flues
equiring to be extended to a gTeater height than five feet
bove the roof, any extension in excess of that height may
consist. of iron pipes.
143. Wheneve any' fireplace is adapted for the -use of
charcoal or wood as fuel, such fireplace shall be provided
with -a hood of sheet-metal or other approved material of
sufficient size connecting with a chimney or smoke-flue
carried up above the level of the roof.
144. The upper surface of any floor under any oven,
stove or fireplace shall be of incombustible materials,
extending over the whole area covered by such oven, stove
or fireplace and beyond.to a distance of nine inches at least
on every side of such oven, stove or fireplace; and such
floor shall have hearths of stone, tile or other incombustible
material laid before every chimney-opening.
. 145. No chimney or smoke-flue shall be constructed or
fixed nearer than nine inches to any wood-work or com-
bustible material unless encased in non-conducting and
incombustible material to the satisfaction of the Building
Authority.
146. Every brick or masonry chimney or smoke-flue shall
be continued up above the roof in brick or cut stone-work, of
a thickness all round of not less than four inches, to a height
of not less than three feet above the highest point in the
line of junction with such roof.
''.14'7..1 Chimneys of brick, stone, or other in coin bu stible
material, may be corbelled out in the upper storeys of
buildings, provided that the work so corbelled out does not
project from the wall more than the thickness of such, wall.,
but till chimneys built in the ground storeys of buildings
shall, unless with the consent of the Builging Authority,
rest upon solid foundations and upon footings slinilar in
every respect to the foundations of the walIs' against which
such chimneys are built.
148.. The back of every chimney-opening, from the
hearth up to the height of four feet above the level of the
fire-grate, shall be at least nine inches thick if in a party
wall,or at, least four and a half inches thick if not in a
party Wall.
Fire escapes.
149. Every building shall be provided on every storey
the. floor of -which is more than forty feet above the level of
the street, with such means of scape in the case of fire for
the persons dwelling or emp qyed therein, as the Building
Authority may xeasonablyreq ire.
Any means of escape so provided shall be - maintained by
the owner to the satisfaction of the Building Authority in
all respects.
Windows, cubicles and rooms.
150. Every storey of every domestic building hereafter
erected shall be provided with one window, at least, opening
either directly or across a verandah or balcony irito the
external air, and the total glazed area of stich, window or
windows shall be at least one-tenth of the floor area of every
such storey.
Every storey of every such building shall also be provided
with a window of at least ten square feet glazed area
opening either directly or across a verandah or halcony
into the open space in the rear of such building, and the
area of such window shall not be included in calculating
the window area required by this section.
'Not less than, one-half of every such window shall be
made to open.
151.-(1) No domestic building shall hereafter be erected
of a greatei depth than forty feet unless every storey of
such building is provided with windows opening into the
external air having a total glazed area (including the
window in the rear) equal to not less than one-eighth of
the floor area of such storey. and so arranged that, in the
,opinion of the Building Authority, the whole of the storey
will be adequately lighted.
(2) Provided always that the provisions of this section
shall not apply in. any case in which the Crown lease has
specially provided for the. erection of buildings of a greater
depth than forty feet; and provided further that the
Governor in Council may in any other case in his discretion
grant exemption from or modification. of the provision, of
this section.
As arnended by Law Rev. Ord., 1924,
(3) In the. event of the refusal of the Governor in Council
to grant such exemption or modification, the amount of
compensation to, be paid to the owner for any land required
by this section to be left unbuilt upon in excess of the opea
spaces, required in the front and rear of such building
.shall. be determined by arbitration ds hdre`inafter provided.
152. The depth of a building. shall be measured on the
ground level, from the outer fade of the main wall at the
centre of the principal front, to the outer face of the wall in
the rear of such building, exclusive of any kitchen or out
office attached to the building when such kitchen or out-office,
does', not extend across more than one-half of the width of
such building.
L53. No room shall be constructed, maintained, or
used for sleeping purposes in any storey of any esixting
domestic building, or of any domestic building hereafter
erected or re-erected, unless such room is provided with a
sky-light, or with a window or windows opening. either
directly or across a verandah or balcony into the external air,
and having a total area equal to at least one-tenth of the
floor area of such room, and capable of* being opened to the
extent of one half at least, and unless the glazed area of such
window or windows is equalto one-half at least ofthe total
area of such window or windows:
Provided that, in the case of existing orte-erected domestic
buildings,. the Governor in Council shall have power to
.modify the requirements of this section in respect to the
external air upon.such conditions, if any, as ma be deemed
.expedient.,
. (2) No cubicle shall be 'constructed, maintained, or' -used
.in any room: of any domestic building erected on any site
which, On.the. 3rd day; of *July, 1908, was either vacant or
occupied by a domestic building of the European type or by
ally lion-domestic building, and in the case 61 any domestic
building erected as a tenement-house for Chinese tenants on
any,~ such site as aforesaid, the Buildi ng Authority, shall
(unless such. building: is on the recla ' mation formed, under
the Praya Reclamation, Ordinance, 1889, and is not more
than. one hundred feet,. deep) . require the provision of such
.windows as* shall admit of the sub-dividion of every storey
above the ground storey into rooms each of which shall
contain ' an area not exceeding one hundred square feet and
.of which least, dimension shall not be less thari seven feet.
(3) No screens or partitions shall be constructed or main-
tained, in any room on the ground floor of any domestic
building with the exception of such asform one ping fung
.one show-case, and one accountant's office.
Such, structuxes mu st comply with the following require-
ments, namely. -
(a) A ping fung shall be composed of wire netting,.
lattice work, railings or carved wood-work which shall be
arranged in such a manner as to leave at least two-thirds of
,its area open and as far as possible evenly distributed. . .
(b) A show-case shall not extend more than two-thirds
across the width of the room and shall leave a space. of not
less than four feet measured vertically between the top of
such'show-case' and the underside of the floor of joists of the
floor above.
.(c) accountant's office inust either---
have its partitions with the exception of the one
formed by a show-case co,posed of wire netting, lattic
work, railings or carved wood-work arranged in such a
manner as to leave at least two-thirds open and as far as
possible evenly distributed ; or
have the whole of its front open with the exception
of a counter not exceeding three feet and six inches in
height, or in the ease of a pawnbroker's shop not, exceed-
ing seven feet -and six inches in height.
(d) An accountant's office shall not be occupied asa sleep-
ing-place by more than two persons.
(4) All, cubicles and partitions referred to in this section
shall be constructed of wood, metal or other material approved
by the Ruilding Authority, and shall be painted, whitewashed
or otherwise kept. clean to.the satisfaction of the Board.
(1,) No cubicle' shall be erected, or if already
erected,- be maintailled, in any, room tinless such room be
provided. with. a sky-light, or. window or windows opening
either directly or across a verandah or balcony into the
external air, and having a total area, equal to at least one-
tenth of the floor area Of such room 'and capable. of being
opened. to the extent 'cif one-half ' at least, and - unless the
glazed. area of such sky-light, window, or windows is equal
ono-half at least. of the total area of such sky-light, window
windows.
(2) Not more than two cubicles shall be allowed in any
room,. and in the event of any room not having a window at
the rear opening either directly or across a verandah or
balcony into the external air, only one cubicle shall be
allowed in such room.
(3) No cubicle shall' be, erected, or if already er6eted
maintained, oil the ground floor of any domestic building.
.(4) No cubicle shall be allowed within four feet of any
window.the area of which is included in calculating the,
window area for the purpose. of this Ordinance, and the
cubicle:or cubicles is a room shall.be so placed as to leave
at least two-fifths of the width of : the window or windows
required by this Ordinance. without any cubicle partition in
front of' such. two-fiftlis.
(5) No cubicle shall haye: a, less floor area than sixty-four
square feet, nor a less length,or width than seven feet.
(6) There shall be a space meausred vertically between
the top of every portion of the partition of every cubicle and
the ceiling or undersides of the supports of the floor above,
or of the roof, as the case may be, of not less than four feet,
which space may be closed only by wire netting, lattice work,
reilings or carved wood-work, arranged in such a way as to
leave at least two-thirds open and as far as practicable
evenly distrbuted,
(7) No cubicle or partition shall be erected, or if already
existing shall be allowed to remain, in any kitchen.
(8) No portion of the structure of any cubicle shall exceed
six feet in hiehgt.
(9) No portion of the structure of any cubicle except the
nexessary corner posts shall be nearer than two inches to
the floor of such subicle, and no structure shall be erected,
or if already existing shall be allowed to remian, within any
cubicle which is of a greater height than the maximum
height allowed by this section for any portion of the
structure of such cubicle or which provides a cover or roof
to the cubicle.
(10)'All cubicles and partitions referred to in this section
shall be constructed of wood, metal or other material ap-
proved, by the Building Authority and shall be painted,
whitewashed orotherwise kept clean to the satisfaction of
the Board.
Provided that the.Board, with the consent of. the Governor
in Council, shall have power in all cases to grant a modifica-
tion of or exemption from the requirements of this section.
upon . stich conditions, if any, as the Board maY deem'
expedient..
154A.~(1) Whenever the Board. on the representation,
of the, Medical Officer of Health is satisfied that any of the
rooms in any block. of domestic buildings are so dark as to
be. dangerous.or prejudicial the health of the inmates, the
Board.. may recommend in: writing to the Governor in
Council the demolition of. all storeys above the 'lowermost
storey of every third building in such block, and the
provision'of additional windows for such of the buildings as
are allowed to remain, and the carrying out of such con
sequential works as the Board may deem necess, to render
such buildings healthy and secure, and the Governor in
Council may tereupon direct that such demlition and such
condequential works be carried out, and the amount of com-
pensation to be paid by the government in respect of such
buildings as are demolished wholly or in part shall be
determined by arbitration in the manner hereinafter
provided: Provided that whatever alteration or rexonstruc-
tion of buildngs may be involved in the carrying out of any
such works, it shall not be held to bring such buildings
within the scope of section 6(39) or of section 180.
(2) The cost of any works carried out under this section,
exclusive of any such compensation as aforesaid, shall be
certified by the Building Authority, and the Governor in
Council may thereafter impose, in such proportions as he
may decide, a special improvement rate upon the owners of
such of the adjoining houses as are in the opinion of the
Governor, in Council benefited, by such works; such rate
shall not exceed an annuity for such period not exceeding
thirty. years, as may be agreed upon, which shall be
calculated at the rate of five per cent. interest.' and of -which
the present value shall be the cost above referred to. Every
such rate may be recovered . by the Treasurer in the
same manner. as if it were a rate imposed under the pro-
visions., of ihe Rating Ordinance, 1901. The owners may,
however, pay such cost into the Treasury at any time within
one month from ~ its being notified to them as certified by
the Building Authority, and, further, may at any time, pay
into the Treasury the present value of the balance of any
annuity unexpired.
(3) The Governor in Council may permit any part of any
works,Airected under this section to be carried.out by the
,owner at his own' cost, but subject to the satisfaction of the
Building Authority and to such conditions and in accordance
.with such plans, and particulars as the Governor in Council
may direct.
155. No window of any tenement-house shall be obstructed
by, the erection of any structure or fitting whatsoever, or by
any household goods ormerchandise.
Water closets and latrines.
i56. Every Iatrine shall be constructed of brick, stone,
or other impervious material approved by the Building
Authority, and shall have a clear internal area of not less
than seven square feet, and such Iatrine shall open into the
outerair a'ndtnot into the. building.
157. Every Iatrine hereafter erected shall have a suitable
door and an opening or openings for ventilation into the
external air of not less than two square feet in aggregate
area.inimodiately. under the roof. The walls of every latrine'
Shall also, be, rendered in cement-mortar. or 'other non-
absorbent, material to the, height of at least three feet from
the floor level.
158.,The floor of every Iatrine hereafter erected on any
ground floor shall,be raised at least six inches. above the
level of the surface outside, and the floor surface of such
latrine shall be laid and maintained in the manner required
by, sections 11.1 and.112. The floor of every Iatrine hereafter
erected. on an upper floor or on a roof shall be formed of
cement-concrete or brick arching surfaced with cement
rendering, asphalt, or other impervious material approved
by the, Building. Authority.
159. No Iatrine shall have any direct communication by
means of any pipe, drain, or grating, with any underground
private drain or public sewer, and any existing latrine having
such comniuni cation. shall have the same completely cut off
.by the owner when so required by the Building Authority.
160. No water pipe or water tap shall be led to, or fixed
in or over, any water closet, latrine, or urinal, without the
intervention of a cistern or tank between such water pipe or
water tap and the water service pipe.
161. Every latrine shall be provided with a movable
water-tight receptacle of non-absorbent material. for the
reception of excreta, which shall have a capacity not exceed-
.ing two cubic feet; and every latrine shall also be provided
with a stand or seat fitted in such a marinei. is shall enable.
the receptacle to be readily removed and adj-usted for the
purpose.of emptying the same and of cleansing the lloor and
sides of the latrine.
162.. No person shall construct, except in a hospital, any
water,Ploset. or urinal having any communication with. any
publie'sewer or. private drain, without the perinission of the
Board and the consent of the Governor in Council, and any
existing water closets or urinals so communicating for which
no such permission has been given shall be removedby the
owner.when so required by the Board.
162A. Any water closet or urinal.which is in the opinion
of the' Board and of the Governor in Council in an insanitary
condition shall be removed. by the owner when so requirell
by the'Board.
163 Every factory, refinery, distillery, godown, or other
industrial establishment whatsoever, employing not less than
twenty persons, shall be provided by the owner thereof with
proper Iatrine accommodation on the premises, for tle
separate use of persons of each sex, to the satisfaction of the
Board..
164. Every block of tenement-lionses hereafter erected
shall be provided by the owner or ownerswith an ade4uate
private Iatrine for the use of the tenants thereof, to the
sat . isfaction of the Building Authority, ana the said Iatrine
shall be cleansed and the nightsoll removed and disposed
of daily by such persons as the Board may direct.
165. If it appears to the Board that any building is with-
out a latrine, and that a larine is necessary for the use of
the occupants of such building or for the use of the perosons
employed in such building, or that the existing latrine
availbable for use by the occupants of any building or by the
persons employed therein is insufficient, or for sanitary
reasons objectionable, the owner of such building shall, upon
provide a latrine, or additional latrines, to the satisfaction of
the Board.
Public latrines.
166. No public latrine shall be erected until the sanction
of the Board in writing has been obtained.
The Board shall not incur any legal liability in respect of
having granted such sanction, nor shall such sanction protect
the owner of any public latrine from any liability to an
injunction or other legal proceedings should the latrine be
at any time so conducted as to become a nuisance, or its erec-
tion be contrary to agreement or be toherwise wronfgul.
167. When in the opinion of the Board. additional public
latrine accommodation is required in. any locality upon
unleased,.Crown land, the: Board may apply in writing to the
Governor, through the Colonial Secretary, specifying the site
upon which it desires the erection of a public latrine, and
the apjeonimodation to be. provided. by such latrine.
168. If such application is approved of by the Governor
a, notification shall be published, in English and Chinese, in
three successive numbers.of the Gazette, specifying the site
and notifying that the Government proposes to erect thereon
a public latrine,
169. If any owner or occupier of property in the Immediate
vicinity,of such site objects to such erection, such objection
must be sent in writing to the Colonial Secretary so as to
reach his office not later than one week after the publication
of the last of such notifications.
Such objection must state the reasons and specify the
property ',with regard to the ownership ot occupation of which
such objection is made and the interest therein of the
objector.
170. If.such objection is so duly made. and is not with-
drawn, the Government shall not be entitled to claim the
immunity conferred by section 171, unless, after such objed-
tion. has'been considered, a resolution of the Legislative
Council is passed approving of the site and the erection
thereon* of such latrine.
171. 'Where such resolution as is mentioned. in section
170 has been passed, or where no objection has been so duly
made.or has been withdrawn, no injunction shall be granted
against the erection, continuance, or use of such Iatrine, nor
shall any suit be brought for damages or compensation in
respect of such erection, continuance, or use.
172. The immunity with regard to injunction and suits
conferred. by section, 171 is hereby extended to all the
Government public latrines existing at the commencement of
this Ordinance, as fully as if the resolution referred to had
been passed in each case.
The Board shall have the~ control and inanageltient
of all Government public latrines erected undel. the provi-
sions of,this Ordinance, or protected thereby, and. any by-laws
relating to public . latrines shall apply to all Government
public latrines.
174. Nothing in this Ordinance contained relating *to
public latrines shall in any way be deemed to derogate frorn
any,existing rights or powers of the Government.
As amonded by 1',ttiv Rov. Ord., 1924,
Open spaces, scavening lanes, etc.
175-(1) Every existing domestic building shall be pr0-
vided by the owner with an open space in the rear, by
opening out on each storey one-half of the entire space
internvening between the principal room or rooms and the
main wall at the back of such building as well as the
corresponding portion of roof, unless such building is already
provided with an open and unobstructed backyard of at
least fifty square feet in area; the building must further be
provided on every storey with a window of a least ten
square feet superficial area opening into such open space.
(2) For the purposes of this section, any domestic buildings
(other than corner houses)having two main frontages in
different streets shall be regarded as two domestic buildings if
the entire depth from frontage to frontage exceeds fifty feet.
(3) In no case may any obstruction whatever be placed or
erected in the open spaces provided in accordance with the
provisions of any Ordinance, or in any verandah or air space
substituted therefor under the provisions of sub-section (4),
with the exception of a bridge or covered way on each storey
not exceeding three feet and six inches in width, when such
bridge is necessary as a means of access to any part of the
building.
(4) The Board, with the consent of the Governor in council,
shall have power in any case to grant a modification of or
exemption from the requriements of this section upon such
conditions, if any, as the Board may deem expedient.
176. NO person who shall erect a new domestic building
on a site excavated out of a slope or declivity within an urban
district, shall permit such building to about against the hill-side,
but a clear internvening space or area of a width of not less
than one-fourth of the height of the cutting from such excava-
tion shall be left between such building, along its whole extent,
and the toe of the slope of th hill-side: Provided that such
interventing space or area shall in on case be of a less width
than eight feet in any part as meausred on tehg round level
of such building, and shall not encroach in any way upon
any street; Provided further that the Governor in council
may grant exemption in any case in which the provisions of
this section may appear to him to be inapplicable.
The height of the cutting shall be measured on a vertical
line drawn from the toe of such cutting, and extending from
the finished ground or concreted surface to a point where it
meets a line drawn it an angle of thirty degrees with the,
horizontal from the top of the cutting.
This section shall not apply where the basement storey of
a shop is lighted by a window of at least ten square feet area
in the front wall of such shop and above the level of the,
foot-path.
177. Every person who shall, under the provisions of sec-
tion 176, leave a clear intervening space or area between a new
domestic building and the hill-side, shall make the surface of
the floor of such area at leat six inches ower than the level of
the lowerst floor of such building, and he shall, if so required
by the Building Authority lay, to the full extent of such area,
along the toe of the slope of the hill-side, and to a depth of
at least twelve inches below the surface, a line of hard, sound,
stone-ware field-pipes, of not less than three inches diameter,
for the purpose of effectually drining the sub-soil of such
area, and he shall not cause such sub-soil drain to be passed
out under the floor of any building, unless any other mode of
outlet may be impraticable; and, in such case, he shall
cause the sub-soil drain to be so laid nder the ground floor
of such new building, that there shall be a distance of at least
nine inches between the top of such drain and the sruface of
such ground floor. The floor of every such aea shall have a
fall of not less than 1 in 40 towears the outlet for the drainage
of such area, and shall be covered with a layer of impervious
material, as provided for in this Ordinance, and shall be
channelled.
178. Every area shall be kept, at all times, free and
unobstructed by structures of any king other than a bridge
of flight of steps not exceeding three feet and six inches in
width, nor shall such area be roofed in or covered over with
glass or other material. No bridge or flight of steps shall be
placed over any window opening into such area. Every area
abutting on or adjacent to a street shall be provided with a
suitable parapet wall, or safe iron railing or fence, along its
upper edge.
197-(1) Every domestic building erected on land leased
from the Crown, after the commencement of this Ordinance
shall be: provided by the owner with an open space in the
rear, or partly in the rear and partly at the side, exclusively
belonging to ' sticb building, equal in. area to not less than
one-half of the roofed-over area of such building, In addition
to such open space the owner shall provide a scavening
lane in compliance with a plan to be perpared by the Build-
ing Authority with a view to promoting uniformity in the
laying out of such lanes, unless such a lane has been provided
for on the sale plan of such land
Provided that-
(a).a scavenging lane shall. not be required in the case of
any detached or genii-detached domestic building, which has
a side treet extending the entire depth of the building and
of a width, throughout of not less than four feet; but no
building shall be deemed- to fle serni-detached unless it is
one of a pair of buildings each of which has a side street
as above described;
(6) kitchens,. bathrooms and latrines not exceeding eleven
feet, in height above the highest point of the surface of the
open space ' may be erected in the aforesaid open. space; but
such buildings shall not cover. more than one-third of sneh
open space.;.
the event. of the open, space being provided partly
in the, rear and. partly at the side, the proportion of such
open space shall not in either case be less than one-half of
~the whole area required under this section;
(d) the open space at the side shall not be required on
the ground storey if such ground storey together with the
ground'storeys of the two adjacent doniestic buildings are
occupied only as shops.,
(e) the open space in the, rear shall not be inclosed except
by boundary walls of a height not exceeding ten feet, con-
taining a doorway communicating with the scavenging lane,
(if any);
(f) in no case shall any obstruction whatever be placed
.or erected in any, seavenging lane. or open space provided
under this section,except as hereinbefore permitted;
in no case shall the Building Authority require the
space for a scavenging lane to be of a greater width than
six feet.,
(2) No portion of. any street, on land held under lease
from the Crown, upon which any domestic 1)uilding fronts.,
shall be, included in calculating the area of such open space,
but-so,much of any street upon which no domestic building'
fronts as is immediately in the rear of any domestic building,
belongs to the owner of such building (whether subject
to any rights of way Or not) may, if the domestic building
has a backyard of an area of at least sixty square feet
exclusively belonging to it, be included with such backyard
in calculating the area of the open space required under this
section : Provided that no portion of ally such street which
has been included.as part of the open space provided for one
domestic building shall be included in calculating the area
of any other open space : Provided' further that before
including any portion of any such street as part of in open
space a sufficient area shall be deducted frorn such street to
form the scavenging lane required by this section.
180.-(1) Every domestic building hereafter erected or
re-erected on land leased from the Crown before the com-
mencement of this Ordinance shall be provided by the
owner with an open space in the rear, or partly in the rear
.and partly at the side, exclusively belonging to such
building, equal in area to not less than one-third of the
roofed-over area of such building. In addition to such open
space the owner shall provide a scavenging lane in
compliance with a plan to be. prepared by the Building
Authority with a view to proinoting uniformity in the laying
out of such lanes, unless sneli a lane already exists in the
real. of such building
Provided. that- -
(a). The Governor In. Council may modify the foregoing
requirements in any case in which the Crown. lease or the
agreement for a Crown lease has specially provided for an
open space in the rear of any such building of a less area
than is hereby required, and may, in any other ease, inake
such modifications as may be recornmended by the Board
upon.such conditions, if any, as may be deemed expedient;
As ainended by Law Rov. Ord., 1924.
(b) kitchens, bathrooms, and latrines not exceeding eleven
feet in height, above the highest point of the surface of the
open space may be erected in the aforesaid open space, but
such buildings shall not cover more than one-third of such
open space;
(c) a scavengibg lane shall not be required in the case of
any detached or semi-detached domestic building which has
a side street extending the entiredepth of th& building and
,of a width throughput of not less than four feet; but no
building shall: he deemed tp be semi-detached unless it. is
one of a pair of buildings each of which has a side street as
above deswibed;
(d) a scavenging land shall not be required in the case
of a group of domestic buildings, every one of which is
provided with access to the kitchen by means of an open and
unobstructed space extending throughtout not less than
three-fifths of the depth of such building nand of a width
throughtout of not less than thirteen feet;
(e) in the event of the open space being provided partly
in the rear and partly at the side, the proportion of such
open space shall not in either case be less than one-half of
the whole area required under this section;
(f) the open space at the sode shall not be required on
the ground storey if such ground storey together with the
ground storeys of the two adjacent domestic buildings are
occupied only as shops;
(g) the open space in the rear shall not be inclosed except
by boundary walls of a height not exceeding ten feet,
containing a doorway communicating with the scavening
lane(if any);
(h) in no case shall any obstruction whatever be placed or
erected in any scavenging lane or open space provided under
this section, except as hereinbefore permitted;
(1) in no case shall the Building Authority require the space
for a scavenging lane to be of a greater width than six feet.
(2) No portion of any street on land held under lease from
the Crown, upon which any domestic building fronts, shall
be included in calculating the area of such open space, but
so much of any street upon which no domestic building
fronts as is immediately in the rear of any domestic building,
and belongs to the owner of such building( whether subjecy
to any rights or way or not) may, if it domestic building
has a backyard of an area of at least sicty squre feet
exclusively belonging to it, be included with such backyard
in calculating the area of the open space required under this
section: Provided that no portion of any such street which
has been included as part of the open space provided for one
domestic building shal be included in claculating the area
of any other open space: Provided further that before
including any portion of any such street as part of an open
space a sufficient area shall be deducted from such street to
form the scavenging land requred by this section.
(3) The amount of compensation, without reduction in
Crown rent, to be paid to the owner for any such scavenging
land shall be determined by arbitration as hereinafter
provided, and such land shall upon payment of such com-
pensation revert to the Crown and shall be deemed to have
been resumed.
(4) In every case coming withinthe scope of provisos (c)
or (d) of sub-section (1), the street or space referred to in
such provisos may be used at any time by any authorised
person as a means of approach to any building to which such
street or space gives access for the purpose of scavenging or
cleansing any part of such building.
181-(1) the owner of every domestic building provided
with a scavenging lane under section 179 or section 180
shall provide means of access to the open space of his
domestic building from such scavenging lane, and , if such
open space is inclosed, the communicating door or gate shall
be opened by the occupier whenever rquired by any
autorised person for the purpose of inspecting, scavenging,
or cleansing any part of such domestic building.
(2) Every scavenging lane provided under section 179 or
section. 180 may be used at any time by any public officer;
and every such scavenging lane may be used at any time by
any authorised person for the purpose of inspecting, scavelig-
ing, or cleansing any part of any building communicating
with such lane.
. 1 1 ~ 1 * As amendjed by Lw Rev. Ord., 1924.
Private streets.
182. No new street onland held under lease from the
Crown shall be constructed for the purpose of the erection of
new buildings fronting thereon until a block plan of the
whole of the property concerned drawn to a scale of not less
than one-twentieth of an inch to the foot, showing such
proposed street and its connexions with neighbouring streets
together with the proposed levels and any scavenging lanes,
as well as the proposed method of suface drainage, shall
have beensubmitted to and approved by the Building
Authority.
183. No new street on land held under lease from the
Crown within the City of victoria, on which domestic
buildings front shall be of a less width than thirty feet, and
no suchh street outside the city of victoria shall be a less
width than forty feet. Evry such street shall open , at one
end at least, upon some eexisting or projected public street.
184. Every person who shall erect fronting a private lane
any new domestic building shall so place the said building
that along its entire frontage there shall be an open space of
at least even and a half feet in width, measured from the
centre line of such lane.
185-(1) No building shall hereafter be erected or re-
erected over any entrance to or over or upon any portion of
any street on land held under lease from the Crown upon
which domestic buildings abut, nor shall any shed, lean-to
shelter, show-case, counter or stall for the asle of food or
goods, or any other obstruction of any kind be maintained
or placed in, over, or upon any portion of any such street,
unless with the written consent of the Governor in council.
(2) In the event of the refusal of the Governor in council
to consent to the re-erection of any building to which this
section applies, compensation shall be paid by the Govern-
ment to the owner of such building, the amount of such
compensation to be determined by arbitrationas hereinafter
provided.
186. Every street on land held under lease from the
Crown on which buildings front, adjoin, or abut, shall be
and shall be kept concreted or otherwise sufraced at the
discretion of the Building Authority, and shall be channelled
and drained, and may, if the Building Authority thinks fit,
be provided with lighting apparatus by the Government, at
the expense of the owners ofthe land fronting, adjoining, or
abutting on such street, and the several owners of such land
shall bear the cost of such concreting or surfacing, channel-
ling, draining, and providing such apparatus, in proportion
to the width of their land respectively at the place, where it
fronts, adjoins, or abuts on such street; and the Government
.may recover stich proportionate cost together with interest
thereon at the rate of eight per cent. per aimumfroin the
date of demand for payment thereof made by the Building
Authority from. any such owner, by a suit in the name of the
Building, Authority in the summary jurisdiction of the
Supr.eme Court. The cost of the illumination of such street
shall, however, be borne by the Government.
All household refuse shall be regularly ren-loved by the
Government from every such street.,
Is. 181, rep. No.. 14 of -1908.]
Height of bulildings.
188. The height of: every building shall hereafter be
regulated in accordance with the following rules, unless the
Governor in Council, on the recommendation of the Board,
shall otherwise permit
(1) No existing building, which does not at the conimence7
ment of this Ordinance exceed in height one altda half tinies
the width of the. street upon which it fronts, shall hereafter
be raised to a height exceeding one and it half times the
width of the street upon which it fronts.
(2) No existing building, which at the commencement of
this Ordinance exceeds in height one and a half times the
width of.the' street upon which it - fronts, shall hereafter be
increased in. height.
(3) No building on land leased from the Crown flefore the
commencement of this Ordinance shall hereafter be erected or
re-erected to a height exceeding one and a half times the
width of the street upon which it fronts.
Provided that in the case of any street existing on the 29th
day of December, 1894, which opens at both ends into main
thoroughfares, if the length of such street does not exceed
four hundred and twenty feet, and if such street is clear of
any obstruction including verandahs and blaconies, either
vertical or lateral, throughtout its entire length as measured
from the main thoroughfares on to which it leads the height
of any building hereafter re-erected may be equal to the
height of the existing building, if such existing building
does not exceed in height twice the width of such street.
If such esicting building does exceed in height twice the
width of such street, the height of any building hereafter
re-erected in place thereof shall not exceed inheight twice
the width of such street.
the amount of compensation to be paid to the owner of
any building re-erected within ten years after the commence-
ment of this Ordinance ofr the loss of any stroey or storeys
necessarily resulting from the operation of this sub-section,
shall be determined by arbitration as hereinafter provided;
but no compensation shall be paid for the loss of any storey
or storeys which were unfit for human habitation.
(4) NO building on land leased from the Crown after the
commencement of this Ordinance shall be erected to a height
exceeding the width of the street on which it fronts.
(5) No building shall exceed seventy-six feet nn height
above the level of the street without the permission of the
Board, and no domestic building hereafter erected shall,
except by permission of the Governor in council, exceed four
storeys in height including the ground storey.
198-(1) the height of any building shall be determined
by measuring on the line of the main walls(both back and
front) from the level of the street on which the prinicpal
front of such buildinga bouts the full vertical heights allowed
by section 188, and by drawing from the points ths
ascertine dlines at angle of thirty degrees with the
horizontal, and any part of the building, except ay chimney
or party wall, or any ornamental towerm turret, or other
architectural feature or decoration, or any parapet not
exceeding three fet in height, falling outside such lines,
shall be deemed illegal.
(2) In'the event of the street on which the principal front
of a building.abuts not being level throughout the extent of
such building, the lieight shall be measured from the central
point.of theIrontage of such building, and in the everit of a
.building having two or more principal fronts respectively
abutting on streets which are dissimilar in width or level,
the Building. Authority shall determine from what point 01-
points the full vertical height as, specified in section 188
shall be.measured.
Draninage works
189A.. Where in the opinion of the Building Authority
.the site on which any domestic building is about to be
erected or re-erected is so damp as to require sub-soil drains,
ade'quate provision of such drains shall be made to the
satisfaction of the Building Authority.
100. .,Every ow ner of a new building erected within an
urban district shall construct the ground floor of such building
at,such suffici.ently high level as will allow of the construe-
tion of a, drain and of the provision of the requisite com-
municatim with any public sewer into which such drain
may lawfully empty, at a point in the upper half-diameter
of such sewer.
191 * All works connected with the constructi . on, repair,
umendment, disconnexion, trapping, and ventilation of drains
shall be carried out at the cost of the owner of the building
by persons approved by the Building Authority under the
supervision of his officers and in all respects to his satlisfac-
tion.
192.-(1) The Building Authority may, by a written notice,
requrie the owners of existing buildings, the drains of which
are, in his opinion, in a defective or insanitary ocndition, to
construct, within a reasonable time, new drains in accord-
ance with the provisions of this Ordinance, or to make such
other improvements in the existing defective drainage of
such buildings as may be necessary to meet the requirements
of this Ordinance.
(2) Drainage regulations shall be made by the Governor
in Council, and shall be included inSchedule M.
193. If the Building 'Authority considers that a group ol
contiguous buildings may be drained inore advantageously
in combination than separately, he may order that such
group be: drained upon some coinbined plan: to be approved
by him, and the cost thereof, together with the expenses of
maintenance, shall be apportioned by the Building Authority
between the different owners of. such group of contiguous
buildings.
.194. If any building be. withont a sufficient drain, and if
a public sewer of suffincient size be within one hundred.feet
of the premises or outermost boundaries of the lot on which
such building is situated, and if such public sewer be on a
lower level, it shall be lawful for the Building Authority to
require * the owner of such building to Authority a drain in
such a manner as shall allow of the requisite communication
with such. public sewer, and such. drain shall be adequately
trapped andi ventilated to the satisfaction of the Building
Authority:
Provided always, that if any owner, by order of the Build-
ing Authority,. drains his building into a public sewer, he
shall not be req'uired to drain such building at his own
expense into any. other public sewer.
195. Whenever the Building Authority shall have reason
to believe that the drains of any building. are defective. and
in acondition injuriousto health, it.shall be lawful for him
to. order an inspecting officer to enter the premises and to
inspect such drains , and, if requisite for the purpose of such
inspection, such officer shall cause, the ground to be opened
in any place he may deem_fit, doing as little damage as may,
be, and should such drains be found in a satisfactory condi-
tion, they shall be reinstated ~and made good at the public
expense; ~ but should such drains prove to be defective, the
Building Authority shall, cause thent to be properly recon-
strycted, repaired, or amended by the owner in accordance
withthe provisions.of this. Ordinance.
196. Every owner of a new building in places other than
urban districts shall construct the ground floor of; such
.building at such sufficiently high level as will allow of the
construction of a drain, and'of the provision of the requisite*
communication with any public sewer into which such drain
may lawfully empty or with any other means of drainage
with whichsuch drain may lawfully commuicate.
197. Whenever feasible, every drain in places other than
urban districts shall hereafter be an open drain, consisting
of a semi-circular channel of glazed stone-ware jointed in
cement-mortar of of cement rendering of a thickness of not
less than half an inch, and laid to adequate falls on a bed
of good lime or cement-comcrete to the satisfaction of the
Buidling authority.
198. In isolated places not provided with any public
drainage system, every such open drain shall lead to and
empty into a covered sump or cesspit built of brick or lime-
concrete, rendered smooth in good cement-mortar in such
manner as to be water-tight, or shall be otherwise provided
for as th Building Authority may approve.
199. Every drain on private property shall be laid as
directed by the Building Authority under the provisions of
this Ordinance; and,upon it completion, every such drain
shall be conneced with the Government main sewer by the
Director of Public Works, who shall have power to regulate
the number and position of the connexions to be made.
Design of buildings.
200. It shall not be lawful to erect any chinese domestic
building other than quraters occupied by servants, within
the European Reservation or the Hill District,and no non
chinese domestic building whether now built or hereafter
to be built within such European Reservation of Hill
District shall be divided, with the object of providing for
its occupation by more than one person to every 1,000 cubic
feet of clear internal space.
201. Upon the complaint of any person (whether such
person be aggrieved or not) that a chinese domestic build-
ing has been built within the erupoean Reservation or Hill
District, or that any domestic building in either of such
district is sub-divided, in contravention of the provisions
of this Ordinance, the Building Authority or any officer
deputed by him for the purpose, shall inspect such building,
and nay person in any way obstructing such inspection shall
be deemed to be acting in contravention of this Ordinance.
Nothing in sections 200 and 201 shall be held
to prevent the owners of Chinese domestic buildings now
existing within the European Reservation or Hill District
from reparing such buildings in accordance with their
present structure, nor shall anything in this Ordinance be
held to prelude any Chinese or other person from owning
or occupying or residing in any lawful domestic building in
the European Reservation or Hill district; nor shall the
said sections apply to any, land in the occupation of the
War Department, but they sball apply to any landnom, in
the occupation of.the War Departinent whenever, such land
ceases to be in such occupatiou.
203 Nothing contained in the foregoing sections shall
be held to affect the right, which has hitherto been exercised
by the Government, of forbidding.the erection in any part
of, the Uolony (whether in the European Reservation or
the Hill District or elsewhere) of buildings -of a different
character from those previously existing on the saine site.
be Building Authority shall have the power to refuse
hisapproval of the plans of any building which differs in
design or, character from those in the immediate neighbour-
hood The Governor may, however, in bis discretion permit
the erection within the European Reservation or the Hill
District of buildings of any type of architecture if he is
satisfied that they are intended for a useful public purpose
other than habitation.
Occupation of new buildings.
204-No new building, except any matshed, shal be
occupied, except by caretakers only not exceeding two in
number, until an authorised archtitect shall have reported
in writing to the Building authority that such building
complies in all respects with the provisions of this Ordi-
mance, nor until the owner shall have received from the
Building Authority a certificate that the requrements of
this Ordinance have been complied with:
Provided that if the Buidling Authority does not, within
fouteen days of the receipt of the aforesaid written report,
notify the owner or his architect or other representative that
the building is not in accordance with the provisions of this
:Ordinance, such building inay be occupied: Provided
further. that in th event of any contravention of this section,
.the.occupier. and Iso the owner shall be liable for such
.contravention, unless such owner proves that such occupation
has~taken, place without his knowledge or consent.
Dangerous buildings.
205 Every owner of a building which may be declared
by the'Building Authority, or an officer deputed by the
Governbr in Council in that behalf, by an order in writing
:to such owner, to be dangerous, shall cause the same to be.
shored or otherwise properly secured, and shall erect, in
.such manner as may be directed by the Building Authority,
.or an officer deputed as aforesaid, a proper fence or hoarding
,for the protection of passengers.
206 Buildings rendered dangerous by fire, wind, or
other cause of whatsoever nature, to such an extent as, in the
opinion: of the Building Authority, or an officer deputed by
the Governor. in Council in that behalf, necessitates their
being taken down partly or wholly shall, upon the service
oil the. owner. of an order in writing frorn the Building
Author ity, or an oflicer deputed as aforesaid, declaring
that such bililding is in a dangerous condition and must be
taken down partly or wholly, and specifying the time within,
which the 'Work is to be done, be taken down by such owner
accordingly.
207.-(1) if the owwner of a dangerous building cannot
be found, or ir, on such notice in writing as aforesaid, he
refuses or neglects within the time fixed in such notice ot
shore or otherwise properly secure or to take down such
dangerous building or such porion thereof as may be
declared to be dangerous by the Building Authority, or an
officer deputed as aforesaid, such dangerous building or such
portion thereof shall, without delay, be shored or otherwise
properly secured or taken down by persons employed by the
building Authority who shall be entitled to recover the cose
thereof from the owner.
(2) in all cases of emergency, the Building Authority or
an officer deputed as aforesaid, may cause the necessary
work to be done without any notice whatever, the cost of
such work being ecoverable from the owner.
The decision of 1 the Building Authority.or of the offiCell
deputed as aforesaid, that the particular case is one of
emergency, shall be final and binding on all persons.
207A. It shall be lawful for a magistrate on a representa-
tion being made to hime by the Building Authority, or by an
officer deupted by the Bovernor incouncil in that behalf,
that the whole or any part of a building, by reason of any
or by reason of the materials. usedor method of.its construe-
tion having been found by. examination to be defective, is,
liable to become dangerous, to order such building or part
of such building to be closed by or under the d ' irection of
the Captain Superintendent of Police, and to, remain closed
Untifth.e Building Authority, or an offi*cet deputed as afore-
said, has certified in writing. that the defects have been
remedied to his satisfaction : Provided that atleast seven
days notice in writing of the intention to make any such
representation shall be given to the owner of any building
affected thereby or to his representative.
Ever . person found inhabiting or using any building or
part thereof closed as aforesaid shall upon summary convic-
tion he liable to a fine not, exceeding one hundred dollars,
and to a further fine not exceeding fifty dollars for every
day that such person shall continue.to, inhabit.or use such
building,after conviction.
Provided always that nothing in this section contained
shall be construed as affecting the powers expressly vested
in the Building Authority and the officer deputed as afore-
said in sections 205, 206 and 207.
Hoardings and seaffoldings.
208. No, public pathway or thoroughfare shall, during
any building,. operations. or,otherwise, be occupied. by a
hoarding or: scaffolding or by any building material whatever
except by permission.---ofthe Building Authority, who.may
grant such permission on a written application, and -upon
such conditions as will provide for the safety and convenience
of passengers and the occupiers of adjoining property. In
all such cases the ground occupied must be inclosed with a
As aimended by Law It~y. Ojd., 1924.
hoarding. for, the protection of passengers, and the side-
.channel.shall be in no way obstructed by such hoarding or
by any building debris or building materials. The pave-
ment, side-channel and concrete covering of any public
thoroughfare shall not be broken up, or into, by the excava-
tion of. holes for the purpose of securing any hoarding or
scaffol d ing poles.
Matsheds and other inflammable structures.
209., (1) It. shall not be lawful for any person to erect
or maintain,. whether for temporary or for permanent
occupation, any building of wood, mats, palm leaves, thatch,
or other inflammable material, without permission in writing
from the'Building Authority, or an officer deputed by hirn in
that behalf, and except subject to the regulations contained
in Schedule H, or such other regulations as may be made by
the Governor in Council.
No such building shall be erected on any land which
is situated within the gathering ground of any public
reservoir, nor, without the special permission of the Building
Authority; on any hill-slope draining into the City of Victoria.
.(3) Every person who erects or maintains any building in
coiAravention of the provisions of this section shall upon
sunarnary conviction be, liable to a fine not exceeding one
hundred dollars, and the magistrate may further order the
building to be removed.
Blasting.
210. It shall not be lawful for any person to blast any stone,
earth, or other material unless he shall have fully covered
over and weighted down such material with a sufflelently
heavy timber shield, or taken such other precautions as shall
effectually prevent any frgments from being projected in
such a manner as to be dangerous, and unless, in addition,
he shall previously have fully warned all prsons within a
radius of five hundred feet from the proposed blast by means
of red flags and by the beating of a gong continued for at
least five hundred feet from the proposed blast by means
No blast shall be fired off except between 12 noon and
12.30 p.m.,and between 4.30 p.m. and 5 p.m., or between such
As aui4nded by Law Rev. Ord., 1924.
other hours as the Governor in council may, by notification,
appoint: Provided that in all Government quarries, whether
leased or otherwise., the blasting of stone shall be subject to
legulations made by the governor in Council
Earth cutting.
211. It shall not be lawful for any person to cut or remove
earth or turf, or to collect, extract, split, blast or remove,
stones, from ally land not tinder lease from the Crown, except
subject to the, regulations contained in Schedule J, or such
other regulations as may be made by the Governor in
Council, or without the permission in writing of the Director
of Public Works, or in such manner as shall undermine or
in any way prejudicially aflect or endanger the stability of
any bank or earth or of any land or property adjoining.
For any contravention of this section there shall be liable
not only the labourer doing the work but also the permit-
holder; and likewise the contractor or foreman under whom.
such labourer is working.
Timber yards.
212. Every timber yard for the storage of timber, other
than tirnber in baulk, situated within the City of Victoria,
shall be inclosed on all sides by a brick wall at least ten feet
in height' and fourteen inches thick, and shall have a clear
passage not'less than six feet in width between the exterior
face of such wall and the nearest buildings adjoining. It
shall not moreover be lawful to store more than three
hundred cubic feet of timber, other than timber in baulk, on
any ' such premises so situate,unless such timber be stored
at a distance of at least fifty feet from any building.
Wells and pools,
.213. It shall not be lawful to sink or re-open any well,
or to permit any wellto'be sunk or re-opened, without the
permission of the Building Authority, who may grant the
same on a written application, provided then be no structural,
sanitary, or other objection.
Every well shall be so constructed as, to exclude surface
water as far as possible, and due provision shall be made for
the conveyance of the drip or waste water to the nearest
drain inlet or other channel into which it may be lawfully,
discharged.
214. No premises shall be so excavated as to admit of the
formation, on the surface thereof, of pools of stagnant or
other foul waters, and it shall be lawful for the Board to call
upon the owner of any premises whereon such pools may
exist, to fill up the same with good clean earth to the level
of the'surrounding ground, or to drain off such pools by
means of surface-drains into any channel with which they
way lawfully communicate.
. 215. Where it is made to appear to the Board that any
well is in an insanitary condition, or is likely to prove
injurious to health, and that it is expedient that it should be
closed and filled up, the Board may call upon the owner, by
notice in writing, to close and fill up the same Avithin the
time limited in such notice.
if such notice is not complied with, the Board may cause
the owner to be summoned before a magistrate, who may
make such order in the matter and as to costs as he may
deem right. Should the magistrate order the well to be
closed and filled tip, he may impose a fine not exceeding five
dollars for each day his order is not complied with.
Nullahs, storm water-channels and drains.
216. No building shall hereafter be erected over ally
public drain, nullah, or storm water-channel, whether natural
or artificial, withont the written consent of the Governor in
Council.
217. No,Bullah, or storm water-channel, whether natural
or artificial, shall hereafter be covered over except by a
bridge not exceeding fifty feet in length, without the written
consent of the Director of Public Works.
2 18---A.11 work perm itted under sections 216 and 217 shall
only be carried out tinder such conditions as may be imposed
by the Director of Public Works, and to his entire satisfac-
tion. In framing such conditions, be shall make due
provision for the sub-soil drainage of adjacent land, and for
access for the, purpose of inspection and cleansing.
As amended by Law Rev. Ord., 1924.
219. It shall not be lawful for any person to dig out the
foundations of any building, or to excavate any site for any
purpose whatsoever, in such manner as to cut into, open out,
divert, undermine, obstruct, dam, or otherwise interfere with
any drain,nullah, catch-water or water-channel, whether
situated on leased or unleased Crown land, unless he has
provided to the satisfaction of the director of Public Works
for the escape of any waters flowing throught such drain,
nullah, catech-eater or water-channel
Boundary and retaining tualls.
220. No person shall construct or reconstruct any
boundary wall or inclosure wall, fronting any public road or
thoroughfare within an urban district, unless it is solid
throughtout its entire thickness and built of brikc or stone
properly bedded and bondeed together, surmounted by a
coping of dressed stone or properly moulded bricks set in
cement-mortar or constructed of such other materials as may
be approved by the building Authority.
221. No person shall construct or reconstruct any retain-
ing wall whether of rubble masonry built dry or in mortar,
or of concrete, exceeding twelve feet in height, unless such
wall is provided with one or more adequate foundation
courses.of cement-concrete or footing stones cut to flat beds
.laid on, the solid ground, and such footing courses - shall
project at least six inches beyond.the face of such wall, and
shall extend back the full thickness of the wall, and every
such retaining wall shall be provided with header or bond
stones, at least one foot square, or layers of cement-conerete
one foot thick, extendiDg back at least two feet and six
.inches into the thickness of the wall: Provided that the
Building Authority may in special cases inodify the above
conditions.
1 Whenever such wall is built with mortar, adequate weep-
holes shall be provided.
Plans, drawings, and notices.
222.---(1) It shall not be lawful to commence any build-
ing or to, repair or reconstruct any existing building wUhout,
the consent. of the Building Authority, and the foliowing
procedure shall be adopted:-
As araended by Law Rev. Ord., 19:14,
(a) Notice in writing, in or according to the form con-
tained in Schedule K, of the intention to commence or
repair or reconstruct such building shall be given to the
Building Authority by leaving the same at his office.
Every such notice shall specify the number, if any,and the
position or locality of the intended building, together wlith
the number and section or sub-section of the lot on which
it is intended to build, and shall give any special or
material particulars in connexion with the same which it is
not possible to denote on the plans. Such notice shall also
state the nanie and address of the lessee or occupier of the
lot or of the owner ol. occupier of the building, or of the
duly authorised agent of such persons respectively, and
shall be signed by such lessee or owner or occupier or
agent; and the person signin, such notice shall state
whether he signs as lessee or owner or occupier or agent,
and the person so signing or, if he be absent from the
Colony, any contractoremployed on or about the building,
shall be liable for every act, failure, neglect, omission, or
refusal whereby any provision of this Ordinance is contra-
ve.ned duting the progress of such building, or pending the
issue of the certificate required by this Ordinance to be
obtained prior,to occupation.
The person signing such notice shall, in the event of the
information contained therein being proved to be rnaterially
incorrect, be liable upon summary conviction to a fine not
exceeding one hundred dollars.
(b) Ploper.plans of such building siglied byali authorised
architect showing figured diniensions and the position of all
portions of the building, and the purpose for which they are
intended, shall be submitted to the Building authority with
the aforesaid notice and requie to be approved by him
as being in conformity with the requirements of this Orid-
nance. Every such plan shall, in the case of reparits or
reconstruction, show such portions of the old building
as the Building Authority may require as well as the new
building in such a way as to differentiate clearly the old
from the new, and shall also, unless dispensed with by the
building Authority, show the details of any dirinage to be
from the new, and shall also, unless dispensed with by the
Building Authority, show the details of any drainage to be
constructed. Every such planshall be drawn to a scale of
not less than one-tenth of an inch to the foot, and shall
contain enlarged details with figured dimensions, of the
principal features of construction, and shall also shosv the
position and levels of the surrounding ground and buildings.
(c). A block plan showing the neighbouring streets and
buildings and drawn to a scale of not less than one inch to
Sixty feet, shall also be deposited with stich plans.
(d) The Building Authority may also require any other
information concerning the proposed building and the uses
to,whichlit is to be put that he.may deem necessary.
(2), The Building Authority shall within twenty-eight days
of the submission of such plans notify.the person submitting
the same or his architect or other representative, of every
matter in respect of which they are not in accordance with
the requirements of this Ordinance, and if the Building
Authority does not within such period so notify any such
matter, the building shown in such plans may be commene-
ed in the same manner as if the approval of the Building
Authority had been received: Provided that in the event
of such plans having been withdrawn for alteration during
such period of twenty-eight days by the person submitting
the same, or his architect or other representative, the said
period shall be calmilated from the date of their final
submission.
(3)'If the Building Authority shall within such period.
of twenty-eight days notify the person submitting the plans
or his architect or other representative of' any matter in
respect of which they are not in accordance with the
requirements of this Ordinance, then if they are amended,
the Building Authority shall approve or disapprove of such
amendments within a period of fourteen days from the time
the amended plans are deposited with him, and if he shall
not signify his: approval or disapproval within such period
the building may be commenced in the same manner as if
the appibvaliof the Building Authority had been received.
(4) All plans submitted to the ' Building Authority and
not disapproved 'by, him under sub-sections (2) or (3) shall
be deposited in his office and filed. there.
(5) Every material misrepresentation in any plan so
deposited, and every material divergence. in the work from
such, plan unless it has received the written approval of the,
Building Authority, shall be deemed to be a contravention
of this Ordinance. In respect of any such divergence which
is not so approved, every owner, architect, engineer, or
clerk of works who knowingly condones such
and every contractor employed in the building who carries
out. such divergence, shall upon summary conviction be liable
to a fine not exceeding two hundred dollars in respect of
every such divergence.
(6) In the case of any contravention of sub-section (5), a
magistrate shall also have power to order the building or
any portion thereof to be forthwith altered or demolished so
as to comply with the requirements of this Ordinance and to
the satisfaction of the Building Authority.
In the case of any material misrepresentation in any
plan so deposited, the person who has signed it shall upon
summary conviction be liable to a fine not exceeding two
hundred dollars.
(8) In the event of a notice in writing having been given
to the Building Authority and of plans having been submitted
to him as required by sub-section (1), the Building Anthority
may refuse to receive any further notice or any further plans
in respect of the building to which the former notice and
plans relate until he. has received frorn the person by whom
or on whose behalf, the former notice or plans were given or
submitted, or from his duly authorised agent, revocation in
writing of the former notice or plans.
(9) In this section, and in sections 223 to 227, building
includes works, and plan includes drawing, and
build includes carry on works.
223. It shall not be lawful to resunie any bculding. if work
has been suspended for a period exceeding three months, nor
to commence any building if it has not been commenced
within three months of the date of the approval by the
Building Authority of the, plans thereof, until seven days
notice in writing of the intention to resume or corninence
such . building in or, according to the forin contained in
Schedule K shall have been given to the Building Authority
by leaving such notice at his office, nor until the plans thereof,
approved under section 222 have been amended (if necessary)
to the satisfaction of the Building Authority so as to comply
As amended by Laiv Rev. Ord., 1924.
with this Ordinance Every such notice shall. specify the,
number, if any, and the position or locality of. the intended
building together with the nurnber and section or sub-section
of the loton which.it isintended to build, and shall give any
special or Inaterial particulars in connexion with the same
which it has not been possible to denote on the plans. Stich
notice shall also state the name and address.of the lessee or
occupier of the lot or of the owner or occupier of the build-
ing, or of the duly authorised agent of such persons respec-
tively, and shall be signed by such lessee or owner or occupier
or agent; and the person signing such notice. shall state
whether he sighs as lessee or owner or occupier or agent, and
the person so signing or if he is absent from the Colony,
every contractor employed on or about the. building, shall be
liable for every act, failure, neglect, omission or refusal
whereby any provision of this Ordinance is contravened during
the progress of such building, or pending the issue of the
certificate required by this Ordinance to be obtained. prior
to occupation.
The person signing such notice shall, in the event of the
information contained therein being proved to be materially
incorrect, be liable upon summary conviction to a fine not
exceeding one hundred dollars.
224. In case any accident or emergency shall render it
necessary to coinnience or resurne any building immediately,
it shalLbe lawful so to do,,provided due notice of the same
is given to the Building Authority within two days thereafter,
specifying, in addition to the matters hereinbefore mentioned,
the nature of the accident or emergency which has occasioned
such necessity..
Alteration or addition to existling bulilding.
225.'No alteration, addition, or other building operation
shall be carried out for any purpose in, to, or upon any
existing building unless an authoriesed architect gives his
certificate in writing to the Building Authority to the effect
that, in his opinion, such building is and will be structurally
capable of bearing the weight and strain of such alteration,
addition, or other building operation.
[s. 9.26, rep. 1No.. 14 of 190S.]
Powers and duties of the Building authority
as to entry and inspection
227-(1) The Building authority, or any officer deputed
by him for the purpose, may at any time enter and unspect
requirements of this Ordinance are carried out in relation
thereto or whether any building is dangerous, and in the
event of his discovering that the requirements of this Ordi-
nance have beencontravened in any particular, or that any
building is dangerous, the owner thereof shall, upon receipt
of an order in writing from the Building Authority, stop the
operations upon such building until such contravention has
been rectified or such building has been taken down or
rendered safe. Every part of such building to facilitate
the inspection, and the Building authority shall have power
to do any thing to any such building which he may consider
nexessary for the purpose of making an efficient inspection
thereof.
(2) For the purpose of inspecting any building or wall
believed to be in a danger ous condition the Building
Authority to be ina dangerous condition the Building
openings to be made therein as he may deem fit: Provided
that at least twenty-four hours notice in writing of his inten-
tion to make any such openings shall be given to the owner
or his representative.
Stoppage or diversion of traffice.
228. The Director of public Works shall have power, on
his being satisfied of the necessity therefor, to temporarily
stop or divert or partiall stop or divert the traffic along any
street, or to block up or occupy or partially block up or
occupy such street, fro the purpose of carrying out works of
a public nature: Provided that, if the traffic in a street is
stopped or diverted, or a street is blocked up, notice to the
public shall be given, wherever practicalbe
Building nuisances.
299-(1) the following shall be deemed to be nuisances
under Part III:-
1. Any verandah, balcony, area, or structure which is not
in accordance with the provisions of this Ordinance.
2. Any unauthorised encroachment on, over, or into any
land not under lease from the Crown.
3. Any building or works whatsoever hereafter commencecd,
resumed, altered or completed in contravention of any of the
provisions of this Oridance.
4. Any structure erected or maintained in contravention
of the provisions of this ordinance.
5. The use in any building or works of any materials
countrary to the requirements of this Ordinance.
5a. Any failure to supply, or any indequate or defective
provision of drain, draintrap, ventilating pipe, sub-soil
drainage or cesspool accommodation.
6. Any act, failure, neglect, omission, or efusal whereby
any provision of this ordinance is contravened.
7. Any act, failure, neglect, omission, or refusal whereby
any condition or term attached to the grant of any modifica-
tion of or exemption from any provision of this Ordinance is
contravened.
(2) In respect of any offece against paragraph 5 of sub-
section 1, every person who as architect, engineer, of clerk
of works, specifies or knowingly condones the use of improper
materials, or, as contractor, makes use of improper materials,
and also the owner of any building or works on which any
such improper materials are used, shall upon summarty
conviction be liable to a fine not exceeding five hundred
dollars, and to a further fine not exceeding fifty dollars a day
for every day that the nuisance remains unabated.
Abatement of nuisances.
230-(1) the competent authority to deal with nuisances
under this Part shall, unless the context otherwise requires,
be-
(a) the Building Authority, or any officer deputed by him
in that behalf;
(b) the Head of the Department, or any officer deputed. by
him in that behalf, but in respect only of nuisances under
sections 139, 153, 154 and 161, and of such other nuisances
a s defined by this Part as the Governor in Council may
empower him to deal with.
(2) Whenever the existence of a nuisance undel. this Part
is brought to the attention of the competent authority as
hereinbefore defined, such authority shall serve a notice in
the forin contained in Schedule L (with such modifications,
if any, as may be necessary) op the author of the nuisance or-
if such person cannot be found, on the owner of the building
or works in respect of which complaint is made, and such
notice shall specify the nature of the nuisance and the
manner and the time within which it is to be abated, and in
the case of refusal or neglect to comply with the require-
ments of such notice such authority shall summon such
person or owner before a magistrate, who either in addition
to inflicting or without inflicting a penalty under any section
of this Ordinance, may make an order directin,- such person
or owner to abate such nuisance within a time to be fixed
by such magistrate : Provided that nothing in this section
contained shall prevent a conviction, under this Part,
without service of such notice, in any case in which, in the
opinion of the magistrate, service of such notice ought not
reasonably to have been required'.
231. In case the said nuisance shall not be abated within
the time limited, it shall be lawful for a magistrate to make
an order empowering the BidIding Authority to abate the
nuisance; and all expenses incurred by such Authority in
causing such nuisance to be abated- as aforesaid, shall
forthwith be paid by the person against whom the original
order to abate such nuisance was made, or failing him by the
owner, without prejudice to any right of such person or
owner to recover the amount of such expenses from any
lessee or other person liable for the same.
232. Whenever the demolition of any -building or works
or any part thereof shall take placeuilder any order inade
under section 231, it shall -be lawful for the Building,'
Authority, in case of non-payment of the said expenses. by,
the person liable to pay the same to sell and dispose of the,
As anionded by Law Rev. Ord., 1924.
materials thereof, without prejudice to any other remedy,
and, out of the moneys arising froin such sale or disposition,
to retain or pay the said expenses ; and the surplus, if any,
shall. be paid. to the owner.
In case the person liable to pay the same shall not
forthwith pay all expenses incurred by the Building Authority
in the abating of any nuisance as required by this Ordinance,
it shall be'lawful for a magistrate, by warrant, to cause
the same to 'be levied by distress and sale of the goods and
chattels of such person.
234. Nothing in this Ordinance Contained shall affect
any, other remedy for, the abatement of nuisances.
Service of notice, summons, or order.
235. Any notice, suranions, or order given, issued or
made under the provisions of this Part, may be served upoll
the person affected by the document to be served, either
Personally or by leaving the same with any occupier of the
premises to Which such document relates, or by leaving the
same with some adult inmate at the usual, or last known
places of business or residence of the person to be. served,
or,, if there is no occupier of such. premises, by putting tip
the document to be served on a conspicuous part of the
premises to which the sdine relates : Provided that any
notice, summons, oi- order required by this Ordinance, to be
giv ' en, issued or made to the owner of any. premises, shall be
served'either by leaving the same at the place of business
or residence within the Colony of such owner or of his
authorised agent, or if the whereabouts of such owner or
agent be unknown , by posting a registered letter addressed
to such owner, . or agent, at his last-known place of residence
or of business in the Colony.
PART IV.
RIGHT OF BUILDING AND ADJOINING OWNERS.
236 Where lands held under lease from the Crown by
different. owners adjoin and are unbuilt on at the line of
junction, and either owner is about to build on any part of
the line of junction; the following provisions shall have
effect:-
As amended by Law Rev. Ord., 1921.
(1) if the building owner desires to build a party wall on
the line of junction, he may serve nQtice thereof on the
adjoining owner describing the intended wall;
(2) if the adjoining owner consents to the building of a
party wall, the wall shall be built half. on the land of each
of the two owners, or in such other position as may be
agreed -between them;
.(3) the expenses of the building of the party wall shall
from time to time be defrayed by the two owners in due
proportion, regard being, had to the use made and which
may be made, of the Wall by them respectively;
(4) if the adjoining owner does not consent to the building
of a party wall, the building owner shall not build the wall.
otherwise than as an external wall placed wholly on his own
land ;
(5) if the building owner does not desire to build a party
wallon the line of junction but desires to build an external
wall placed wholly on his own land, he may serve notice
thereof on the adjoining owner describing the intended wall;
(6) where in either of the cases aforesaid the building
owner proceeds to build an external wall on his own land,
he shall have a right at his own expense,.at any time after
the expiration of one month from. the service of the notice,
to place on the land of the adjoining owner below the level
of the lowest floor, the projecting footings on the external
wall with concrete or other solid substructure thereunder,
making compensation to the adjoining owner or occupier for
any damage occasioned thereby, the amount of such com-
pensation, if any difference arises, to be determined in the
manner in which differences between building owners and
adjoining owners are hereinafter directed to be determined.
Where an external wall is built against another external
wall or against a party wall, it shall be lawful for the Build-
ing Authority to allow the footing of the side next such other
external or party wall to be omitted.
237, The building owner shall have the following rights
in relation to party structures and adjoining structures :-
(1) to make good, underpin, or repair any party structure
which is defective or out of repair;
1, (2) to pull down and rebuild any party structure which
is so far defective or out of repair as to make it necessary or
desirable to pull it down;
(3) to pull down any timber or other partition which
divides any buildings, and is not conformable with the
provisions of this Ordinance, and to build instead thereof a
party wall conformable thereto
(4) in the case of buildings having rooms or storeys the
property of different owners intermixed, to pull down such
of the said rooms or storeys, or any part thereof as are not
built in conformity with this Ordinance, and to rebuild the
same in conformity therewith;
(5) in the case of buildings connected by arches or com-
munications over streets belonging to other persons,-to pull
down such of the said buildings, arches or communications,
or such parts thereof as are not built in conformity with this
Ordinance, and to rebuild the, same in conformity therewith
(6) to raise and underpin any party structure permitted
by this Ordinance to be raised or underpinned, or any external
wall built against such party structure, upon condition of
making good all damage occasioned thereby to the adjoining
premises or to the internal, finishings and decorations thereof,
and of carrying up to the requisite height all flues and
chimney-stacks belonging to the adjoining owner, on or
against such party structure or external wall
(7) to pull down any party structure which is of insufficient
strength for any building intended to be built, and to rebuild
the same of sufficient strength for the above purposes, upon,
condition,of making good all damage occasioned thereby to
the adjoining 1 premises, or to the internal finishings and
decorations, thereof;
(8) to cut into. any party structure upon condition of making
good all damage occasioned to the adjoining premises by
such operation;
(9) to cut away any footing or any chimney-breast, jamb
or flue projecting, or other projection from any party wall or
external walLin order to ereef an external wall against such
party wall, or for any other purpose, upon condition of
making good all damage occasioned to the adjoining premises
by such operation;
(10) to cut away or take down such parts of any wall or
building of a n adjoining owner as may be necessary in con-
sequence of such wall or building overhanging the gi.ound of
the building owner, in order to erect an upright wall against
the saine, on condition of making good any damage sustained
by the wall or building by such operation;
(11) to raise a party fence wall, or to pull the saine down
and rebuild it as a party wall;
(12) to perform any other necessary works incident to the
connexion of a party structure with the preinises adjoining
thereto
Provided always, that these rights. shall be subject to this
qualification, that ,my building which has been erected prior
tb the commencement of this Ordinance shall be deemed to
be conformable with the provisions thereof if it be conform-
able with the provisions of the Ordinances regulating buildings
before the commencement of this Ordinance.
238.-(1) Where a building owner proposes to exercise
any of the foregoing rights with respect to party structures,
the adjoining owner may by notice require the building
owner to build on any such party structure such chimney
copings, jambs or breasts, or flues, or such piers or recesses,
or an), other like works as in ay fairly be requ ired for the
convenience of such adjoining owner, and may be specified
in the notice ; and it shall be the duty of the building owner
to comply with. such requisition in all cases where the execu-
t on of the required works will not be injurious to the building
owner, or cause to him unnecessary inconvenience or unneces-
sary delay in the exercise of his.right.
(2) Any difference that arises between a building owner
and an adjoining owner in respect of the execution of ally
such works shall. be determined in the mannel. in which
differences between building owners and adjoining owners
are hereinafter directed to be determined.
239.-7-(1) A building owner shall not, except with the
consent in writing of the adjoining owner, and of the adjoin-
ing occupiers, or in cases where any wall or party structure
is dangerous (in which cases the provisions of Part III shall
apply), exercise any of his rights under this, Ordinance in
respect of ally party fence wall unless at least one month, or
exercise any of his -rights under this Ordinance in relation
to any party wall or party structure other than a party fence
wall, unless at least two months before doing so he has served
on the adjoining owner of the party fence wall, the party
wall or party structure, as the case may be, notice stating.
the nature alid particulars of the proposed work and the
time at which the work is proposed to be commenced.
(2). When a building owner in the exercise of any of his
rights -under this Part lays open any part of the adjoining
land or building, he shall at his own expense make and
maintain for a proper time a proper hoard.ingand shoring or
temporary construction for. protection of the adjoining land
or building and the security of the adjoining occupier.
(3) A building,owner shall not exercise any right given
to him by this Ordinance in such manner or at such time as
to cause unnecessary inconvenience to the adjoining owner
or to the adjoining occupier.
(4) A party wall or structure notice shall not be available
for the exercise of any right, unless the work to which the
notice relates is begun within six months after the service
thereof, and is prosecuted with due diligence.
(5) Within one month - after receipt of such, notice the
adjoining owner may serve on the building owner a notice
requiring him to build on any 'Such party structure any works
to the construction of which he is hereinbefore, declared to
be entitled.
(6) The last-mentioned notice shall specify the works
required by the adjoining owner for his convenience, and
shall, if necessary, be accompanied by explanatory plans and
drawings.
(7) If either owner does not within fourteen days after the
service. on him of any notice, express his consent thereto, he
shall beconsidered as having dissented therefrom, and there-
upon a difference shall be deemed to have arisen between
the building owner and the adjoining owner.
240-(1) In all cases not specially provided for by this
Ordinance, where a deifference arises between a building
owner and an adjoining owner in respect of any matter
As amended by Law Ray. Ord., 1924.
arising with reference to any work to which any notice given
Under this Part relates, unless both parties concur in the.
appointment of one architect they shall each appoint an
architect, and the two architects so appointed shall select a
third architect, and such one architect, or three architects, or
any two of them, stall settle any matter from tirne to time
during the continuance of any work to which the notice
relates in dispute between such building owner and adjoining
owner, with power by his or their award to determine the
right to do, and the time and manner of dojing any -work, and
generally any other matter arising out of or incidental to
such difference; but any time so appointed for doing any
work shall not, unless otherwise agreed, commence until
after the expiration of the period by this Part prescribed for
the notice in the particular case.
(2) Any award by such one architect, or by such
three architects, or by any two of them', shall be conclusive,
and shall not be questioned in any court; with this exception,
that either of the parties to the difference may within fourteen
days from, the date of the delivery of the award, appeal
therefrom to a judge in chambers, who may, subject as
hereafter in this section mentioned, rescind the award or
modily it in such manner as he thinks just.
(3) If either party to the difference makes default 'in
appointing an architect for ten days after notice has been
served on him by the other party to make such appointment,
the party giving the., notice may make the appointment in
the place of the party so making default.
(4) The costs incurred in making or obtaining the award
shall be paid by sach party as the architect or architects
determine.
(5) If the appellant on appearing before the judge declares
his unwillingness to have the matter decided by him, and
proves to his satisfaction that in the event of the matter being
decided against him he will be liable to pay a suin, exclusise
of costs, exceeding five hundred dollars, and gives security,
to be approved by the judge, duly to prosecute an action in
the Supreme Court and to abide the event tbereof, all
proceedings in chambers shall thereupon be stayed, and the
appellant may bring an action in the Supreme Court against
the other party to the difference.
(6) The plaintiff in such action shall deliver to the defend
ants an issue whereby the matters in difference between them
may be tried, and the form of such issue in case of dispute
or of the non-appearance of the defendant shall be settled by
the court, and the action shall be prosecuted and the issue
tried in all respects as if it were an ordinary action or issue
in the Supreme Court, or as near thereto as circumstances
admit.
(7) If the parties agree as to the facts a special case may be
stated for the opinion of the court, and such case shall be
.heard and decided in all respects as if it were an ordinary
case stated for the opinion of the court, or as near thereto as
circumstances admit; and any costs that may have been
incurred before the judge in chambers shall be deemed to be
costs incurred in the action and be payable accordingly.
(8) Where both parties have concurred in the appoint-
ment of one architect, then, if he refuses, or for seven days
neglects to act, or if he dies or becomes incapable. to act before
he has made his award, the matters in dispute shall be deter-
mined in the, same manner as if he had not been appointed.
(9) Where each party has appointed an architect and a
third architect has been selected, then, if he refuses, or for
seven days neglects to act, or before such difference is settled
dies, or becomes incapable to act, the two architects shall
forthwith select another architect in his place who shall have
the same powers and authorities as were vested in his
predecessor.
(10) Where each party has appointed an architect, then, if
the two architects refuse, or for seven days after request of
either party, neglect to select a third architect, or another
third architect for the time. being, the Governor may, on the
application of either patty, appoint the Director of Public
Works or some other fit person to act as third architect who
shall have the same power andauthorities as if he had
been selected by the two arch ' iteets appointed hy the parties.
(11) Where eachparty has appointed an architect, then, if
before the difference is settled-either architect dies, or becomes
incapable of acting, the party by whom he was appointed may
appoint some other architect to act in his place, and if for
the space of seven days after notice served on him by the
other party for that purpose, he fails to do so, the other
architect may proceed ex parte, and his decision shall be as
effectual as if he had been a single architect in whose
appointment both parties had concurred; and architect so
substituted as aforesaid shall have the same powers and
authoritites as were vested in the former architect at the time
of his death or disability.
(12) Where each paty has appointed an architect, then,
if either of the architects refuses, or for seven days neglects to
act, the other may proceed ex parte, and his decision shall
be as efectual as it he had been a single architect in whose
appointment both parties had concurred.
(13) In Part I, architect means authoised architect
241. A building owner, his servants, agents and workmen,
at all usual times of working, may enter and remain on any
premises for the purpose of executing, and may execute any
work which he has become entitled or is reured in ursuance
of this Ordinance to execute, removing any furniture or
doing any other thing which may be necessary; and if the
premises are closed, he and they may, accompanied by a
constabl, break open any fences or doors in order to effect
such entry: Provided that before entering on any premises
for the purpose of this section the building owner shall give
fourteen days notice of his intentionso to do to the owner
and occupier; in case of emergency he shall give such
notice only as may be reasonably practicable.
242. Where a building owner intends to erect within ten
feet of a building belonging to an adjoining owner a build-
ing any part of which within such ten feet extends toa lower
level than the foundations of the building belonging to the
adjoining owner, he may, and if required by the adjoining
owenr, shall (subject as here inafter provided), underpin or
otherwise sttregthen the foundations of the saide building so
far as may be necessary, and the following provisions shall
have effect:-
(1) at least two months notice in writing shall be given
by the buildong owner to the adjoining owner stating his
intention to building, and whether he proposes to underpin or
otherwise stregthen the foundations of the said building,
and such notice shall be acco,panied by a plan an sections,
shewing the site of the proposed building, and the depth to
which he proposes to excavate:
. (2) if the adjoining owner shall, within fourteen days
after being served with such notice, give a counternotice in
writing that lie disputes the necessity of such -underpinning
or strengthening, or that he requires such underpinning or
strengthening, then, if such counternotice is not acquiesced
in, a difference shall be deemed to have arisen between the
buildink owner and the adjoining owner:
(3) the building owner shall be liable to compensate the
adjoining owner and occupier for any inconvenience, loss or
damage which may result to them hy reason of the exercise
of the powers conferred by this section:
(4) nothing in this section contained shall relieve the
building owner from any liability to which he would other-
wise be subject in case of injury caused by his building
operations to the adjoining owner.
243.'An adjoining owner may, if lie thinks fit, by notice
in writing, require the building owner (before commencing
any work which lie may be authorised by this Part to
execute) to give such security as may be agreed upon, or in
case of difference as may be settled by a judge in chambers,
for the payment of all such expenses, costs and compensa-
tions in respect of the work as may be payable by th build-
in owner.
The building owner may, at any time after service on. him
of a party wall or party structure requisition by the adjoin-
ing owner, and before beginning a work to which the
requisition relates, but not afterwards, serve a counter-
requisition on the adjoining owner, requiring him to give
such security for payment of the expenses, costs, and
compensation for which he is or will be liable, as may be
agreed upon, or in case of difference, as inay be settled as
aforesaid.
If the adjoining owner does not within one month after
service of the counter-requisition give security accordingly,
he shall at the end of that inonth be deemed to have ceased
to be entitled to compliance with his party wall or party
structure requisition, and the builiding, owner proceed
.as if no party wall or party structnre requisition had been
served on hini by the adjoining owner.
244.-(1) As to expenses to be borne jointly by the
building owner and the adjoining owner
(a) if any party structure is defective or out of repair, the
expenses of making good, underpinning, or repairing the
same shall be borne by the building osyner and adjoining
owner in due proportion, regard being had to the use that
each owner makes or may make of the structure;
(b) if any party structure is pulled down and rebuilt by
reason of its being so far defective or out of repair as to
make it necessary or desirable to pull it down the expense
of such pulling down and rebuilding shall be borne by the
building owner and adjoining owner in due proportion,
regard being had to the use that each owner may make, of
the structure.;
(c) if any timber or other partition dividing a building
is pulled down in exercise of the right by this Part vested
in a building owner, and a party structure is built instead
thereof, the expense of building such party structure and
also of building any additional party structuxes that inay be
.required by reason of the partition having been pulled down,
in due proportion, regard being had to the use that each
owner may make of the party structure and to the thickness
requred for the support of the respective buildings parted
thereby;
(d) if any rooms or storeys or any parts thereof, the
property of different owners, -and intermixed in any building,
are pulled down in pursuance of the right by this Part
vested in a building owner, and are rebuilt in conformity
with this Ordinance, the expense of such pulling down
and rebuilding shall be borne by the building owner and
adjoining owner due proportion, regard being had. to the
use that each owner may make of such rooins or storeys;
(e) if any arches or communications over public. ways or
over passages belonging to other persons than the owners of
the buildings connected by such arches or cominum cations,
or any part thereof, are pulled down in pursuance of the right
by this Part vested in a building owner, and are rebuilt
in conformity with this Ordinance, the expense of such
pulling down and rebuilding shall be borne by the building
owner and adjoining owner in due proportion, regard being
had to the use that each owner makes of such arches or
conimuni cations.
(2) As to expenses to be borne by the building owner:-
(a) if any party structure or any external wall built
against another external wall is raised or underpinned in
pursuance of the power by this Part vested in a building
owner, the expense of raising or underpinning the same
and of making good all damage occasioned thereby, and of
carrying up to the requisite heigh all such flues and
chimney-stacks belonging to the adjoinincy owner on or
against any such party structure or external wall as are by.
this Part required to be made good and carried up, shall be
borne by the building owner;
(b) if any party structure which is of proper materials
and sound or not so far defective or out of repair as to make
it necessary or desirable to pull it down, is pulled down
and rebuilt by the building owner, the expense of pulling
down and rebuilding the same and of making good any
damage by this Part required to he made good, and a fair
allowance in respect of the disturbance and inconvenience
caused to the adjoining owner shall be borne by the building
owner ;
(c) if any party structure is cut into by the building
owner, the expense of cutting into the same, and of making
good any damage by this Part required to be made good
shall be borne by such building owner;
(d) if any footing, chimney-breast, jamb or floor is cut
away in pursuance of the powers by this Part vested in a
building owner, the expense of such cutting away and
making good any damage by this Part required to he made
good shall be borne by the building owner;
(e) if any party fence wall, is raised for a building, the
expense of such raising shall be borne by the building
owner ;
(f) if any party fence wall is pulled down and built as a
party wall, the expense thereof shall be borne by the build-
ing owner.
(3) If at any time the adjoining owner makes use of any
party structure or external wall (or any part thereof) raised
or underpinned as aforesaid, or of any party fence wall
pulled down and built as a party wall (or any part thereof),
beyond the use thereof inade by him before the alteration,
there shall be borne by the adjoining owner from. time to
time a due proportion of the expenses (having regard to
the use that the adjoining owner may make thereof -
(a) of raising or underpinning such party structure or
external wall, and of making good all such damage occasion-
ed thereby to the adjoining owner, and of carrying up to
the requisite height all such flues and chimney-stacks
belonging to the adjoining owner on or against any such
party structure or external wall as are by this Part required
to be made good and carried up;
(b) of pulling down and building such party fence wall
as a party wall.
245. Within one month after the completion of any work
which a building owner is by this Part authorised or
required to execute, and the expense of which is in whole or
in part to be borne by an adjoining owner, the boilding owner
shall deliver to the adjoining owner an account in writing
of the particulars and expense of, the work, specifying ally
deduction to which such adjoining owner may be entitled
in respect of old materials, or in other respects, and every
such work shall be estimated and valued at fair avera ge
rates and prices according to 'the nature of the work, and
the locality and the market price of materials and labour
at the time.
246. At any time, within one nionth after the delivery of
the said account the adjoining owner, if dissatisfied there-
with, may declare his dissatisfaction to the building owner
by notice in writing served by himself or his agent and
specifying his objections thereto, and thereupori a ditre rence
shall be deemed to have arisen between the parties, and shall
'be determined in manner hereinbefore provided for the settle-
ment of differences between building and adjoining owners.
247. If within the said period of one month the adjoining
owner does not declare in the said manner his dissatisfaction
with the account, he shall be deemed to have adeepted.the
same and shall pay the same on demand to the party dediver-
ing the account, and if he fails to do so, the amount so due
may be recovered as a debt.
248. Where the adjoining owner is liable to contribute
to the expenses of building any party structure, then, until
suchcontribution is paid,the buildingowner at whose expense
the saine was built shall stand possessed of the sole property
in the structure.
249. The adjoining owner shall be liable for all expenses
incurred on his requisition by the building owner, and in
default of payment the same may be recovered from him as
a debt.
.250. Nothing in this Ordinance shall authorise any inter-
ference with any other easements in or relating to a party
wall, or take away, abridge, or prejudicially aflect any right
of any person to preserve or restore any other thing in or
connected with a party wall in case of the party wall being
pulled down or rebuilt.
PART V.
ARBITRATION.
251. No suit, action or other proceeding shall lie in any
court for the recovery by any person of compensation for loss
alleged to have been caused by the open, tion of this Ordi-
nance, but any person claiming ally compensation payable,
under this Ordinance shall, unless the assessment thereof is
otherwise provided for by this Ordinance, submit to the
Colonial Secretary on the same date as the plans relating to
the works in respect of which such compensation is claimed
are deposited with the Building Authority, a claim in writing
stating the amount which he seeks to recover and the grounds
upon which he bases his claim.
In any case in which the claim is in respect of a matter
with regard to which powers of exemption or modification
are vested. in the Board or in the Governor in Council, the.
person claiming shall await the decision of the Board or of
the Governor in Council before proceeding with the works.
252. In the event of dispute, the amount of compensation,
if any, payable under this Ordinance shall be determined by
arbitration in the manner following:-
(1) There shall be two arbitrators, one of whorn shall be
nominated by the Governox and the other by the person
claiming compensation.
(2) The two arbitrators so nominated shall view the
premises, inquire into the claim, and endeavour to arrive at
a sum which they consider will, in the circumstances of the
case, be fair compensation, and if they agree 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 a Puisne
Judge in chambers as umpire, and his decision shall be final.
(3) The decision of the arbitrators or umpire shall be
forwarded in writing to the Colonial Secretary.
253.-(1) The arbitrators and umpire in determining the
compensation to be paid and in estimating for such purpose
the value of any land resumed or of any building thereon-
(a) may take into consideration the rateable value and
the net rental of the premises as furnished by the owner in
pursuance of the Rating Ordinance, 1901, the nature and the
condition of the premises, the state of repair thereof, and
the probable duration of the premises in their existing state;
and
(b) shall not make any compensation for any addition to
or improvement of the premises made after the date of the
submission of the claim to the Colonial Secretary (unless such
addition or improvement was necessary for the maintenance
of the premises in a proper state of repair); and
. (c) shall not make any allowance in respect of the acquisi-
tion being compulsory.
(2) The said arbitrators or tiinl)jre shall also receive,
evidence to prove-
(a) that the rental of the premises vas enhanced by reason
of the same being -used as a brothel, or as a gaming house,
or for any other illegal purpose; or
* As amended by Law Rev. Ord., 1924.
(b) that the rental of the premises was enhanced by illegal
overcrowding; or
(c) that the premises are in such a condition as to be a
nuisance within the meaning of this Ordinance, or are not in
reasonably good repair; or
(d) that the premises are unfit, and not reasonably capable
of being made fit, for human habitation.
(3) If the said arbitrators or umpire are satisfied by such
evidence, then the compensation shall~
(a) in cases (a) and (b), so far as it is based on rental, be
based on the rental which would have been obtainable if the
premises had not been occupied either as a brothel, or as a
gaming house or for any illegal purpose, or had not been
illegally overcrowded; and
(b) in case (c), be based on the amount estimated as the
value of the premises if the nuisance had been abated or if
they had been put into reasonably good repair, after deduct-
ing the estimated expense of abating the nuisance, or of
putting them into such repair, as the cage may be; and
(c) in,case (d), be based on the value of the land, and of
the materials of the buildings thereon.
254. During the pendency of any proceedings before the
arbitrators, if either of. them shall from any cau se be unable
to act, his place, if he is a person appointed by the Governor,
shall be filled by some other person so appointed, and if he.
is a person appointed by the claimant, shall be filled by some
other person so appointed.
PART VI.
CONTRAVENTIONS AND PENALTIES.
255, Every act, failure, neglect, or omission whereby any
requirement or provision of this Ordinance is contravened,
and every, refusal to comply with any of such requirements
or provisions, shall be deemed a contravention of this Or-
dinance.
256. All p6nalties imposed by Part II may be recovered
summarily at the suit of the Secretary, of the Medical Officer
of Health or of any A ssistant Medical Officer of Health, or of
such other officer as the Board may depute.
257. Every person who as architect, engineer, clerk of
works, contractor, foreman, or workman is responsible,either
alone or jointly with others,for the existence of any nuisance
as defined by Part III, and also the owner of any building or
works on which any such nuisance exists shall upon sum-
mary conviction be liable to a fine not exceeding two hun-
dred dollars, and to a futher fine not ecxeeding twenty dol-
lars for every day that the nuisance remains unabated.
258. Every person who refuses to obey the order of any
magistrate made under the provisions f Part III, or who,
without reasonable excuse, refuses to permit the Building
Authority, or any officer deputed by such authority, to enter
or inspct any building or works in the performace of his
duties under this Odinance, and every person who obstructs
or hinders the Building Authority, or such officer as afore-
said, in the exceution of the powers vested in him by this
Ordinance or by any order of a magistrate, shall upon
summry conviction be liable to a fine not exceeding two
hundred dollars.
259. Every person who contravenes any of the provisions
of this Ordinance in respect of which contravention no special
penalty is otherwise provided shall upon sninmary conviction
be liable to a fine not exceeding one hundred dollars.
[s. 260,rep.No. 8 of 1912.]
261. Where a contravention of any ofthe provisions of this
Ordinance is committed by any company or corporation, the
secretary or manager thereof. may be summoned and shall'be
held liable for such contravention and the consequences
thereof.
262. Where proceedings under this Ordinance are com-
petent against several persons in respect of the joint act or
default of such persons, it shall be sufficient to proceed
against one or inore of them without proceeding aWallist the
others.
As am~nded by Law Rev. Ord., 1924.
Special powers of magistrate.
263. It shall be lawfal for a magistrate, in his absolute
discretion, to order the whole or any portion of any building,
or of any storey containing a. cubicle or partition, Which is
contrary to the provisions of this Ordinance, to te forth-with
closed by or under the direction of the Captain Superintend-
ent of Police, and. to remain closed until the alteratiofis or
removal required by sections 154 and 175 have or has been
certified in writing by the Secretary to have been made and
completed to the satisfaction of the Board. Every person
found E-ving in any building or portion thereof so closed as
aforesaid, shall be deemed to have acted in contravention of
this Ordinance and shall be punishable accordingly.
264. It shall be lawful for a magistrate in any case in
which it is proved to his satisfaction that any mezzanine
floor, cockloft, cubicle,' partition, or shop-division is not in
accordance with the provisions of this Ordinance, to order
either in addition to or in substitution for any penalty
specified in this Ordinance, the immediate demolition, removal,
and destruction thereof or of any portion thereof by any
officer of the Department and no corrpensation shall be pay-
able to any person in respect of any daniage done thereto by
such demolition, removal, and destruction.
264A.-(1) If admission to premises for any of the pur-
poses of this Ordinance is refused, any magistrate on
complaint thereof on oath by any officer authorised by this
Ordinance to enter and inspect premises (made after reason-
able notice in writing of the intention to make the same has
been given to the person having custody of the premises, if
such person there be) may, by order tinder his hand, require
the person having the custody'of the premises to admit any
officer entitled tinder this Ordinance to inspect the same into
the premises during the hours prescribed by this Ordinance,
and if no such person can be found the magistrate shall, on'
oath before him of that fact, by order tinder his hand,
authorise any such officer to enter the premises during the
prescribed hours.
(2) After a magistrate's order has been obtained under
this section, any officer authorised to inspect premises under
AsaMODded by Law Rey. Ord., 1924.
thi's Ordinance may, if necessary, break into the premises
named in the order.
(3) Any order made by a magistrate under this section
shall.continue in force until the nuisance has been abated or
the work for which the entry was necessary has been done.
264B. Every application for modification of or exemption
frorn any of the provisions of sections 151, 153, 175, 176, 180,
188 and 216 which the Governor in Council or the Board is
by any of such sections empowered to grant, shall be made
to the Building Authority in the first instance, and may be
granted by him either wholly or in part and with or without
conditions; and a certificate under the hand of the Building
Authority to the effect that any such modification or exemp-
tion has been granted by him shall be as valid and effectual
for all purposes as if such modification or exemption had
been granted by the Governor in. Council or the Board.
PART VII.
MISCELLANEOUS.
Appeal to the Governor in Counell.
265. Whenever any person is dissatisfied with the
exercise of the discretion of the Board or of any person to
whom. discretionary power is given under this Ordinance
in respect of any act, matter, or thing, which is by this Ordi-
nance made subject to the exercise of the discretion of such
authority, or with any action or decision of the Board or
of any such person either as to the carrying out of or the
meaning of any of the provisions of this Ordinance, or
whenever any of the provisions of this Ordinance are, owing
to special conditions, undesirable, the person so dissatisfied
may, unless proceedings have already been taken before a
magistrate in relation thereto, appeal to the Governor in
Council, who, if in his opinion the exercise of such discretion
or.such action or decision requires modification, revocation,
or setting aside, or such special conditions exist as render
any such provision undesirable, may make such order in
respect thereof as may be just.
As amended by Laiv Rev. Ord., 1924.
The grounds of such appeal shall be concisely stated rin
writing and the appollant may, if lie so desires, be present at
the hearing of such appeal and be heard in its support either
by himself or by his representative, and the Governor in
Council shall thereafter determine the matter in the atsence
of, and without further reference to, the Building Authority.
The Clerk of Councils shall give the appellant seven days
notice of the hearing of the appeal, and shall at the same,
time furnish the appellant with a copy of the evidence and
documents submitted by the respondent for the consideration
of the Governor in Council.
Provided that nothing herein contained shall be deemed to
prevent any person froin applying to the Supreme Court for
a mandamus, injunction, prohihition, or other order, should
he elect so to do, instead of appealing to the Governor in
Council under this section.
265A. In any appeal under the provisions of section 265
the Governor in Council may at any time in his discretion,
'direct a case to be stated for the opinion of the full Court
on any question of law involved in any appeal submitted to
him. The terins of such case shall be agreed Lipon by the
parties concerned, or in the event of their failure to agree
shall be settled by, the Full Court. The Full Court shall
hear and determine the, question of law arising on any case
stated as aforesaid, and shall remit the matter to the Governor
in Council who shall give effect by order to thel finding of the
court. The costs of such hearing shall be in the discretion
of the court.
Any party to the appeal shall be entitled to be heard by
counsel on the hearing of any case so stated.
No proceedings by way of mandamus, injunction, prohibi-
tion, or other order shall be taken against the Governor in
Council in respect of anything arising out of this section.
265B. Every order of the Governor in Council on any
appeal shall be final and may be enforced by the Supreme
Court as if it had been an order of. that court.
As amended by Law Rev. Ord., 1924.
265C. The breach of or failure to perform any term or'
condition attached to any modification of or exemption from
any provision of this Ordinance shall entitle the authority by
whom such modification or exemption was granted, to emicel
such modification or exemption, and thereafter the said
provision shall apply to the property affected as if no such
modification or exemption had been granted.
265D. A me morandum stating the effect of modifica-
tion of or exemption from any provision of this Ordinance
and of any terms or conditions attached thereto, signed by or
on behalf of the authority granting it, and by or on behalf of
the owner, may be registered in the Land Office again st the
property affected on payment by such owner of a fee of three
dollars (such fee to be paid in stanips), and in the event of
the cancellation of, any modificatioll or exemption a nienio-
randuin thereof signed by or oil behalf of the cancelling
authority shall be registered -by the Land Officer against the
property affected without fee.
Regulations.
266. The Governor in Council may alter, amend, or revoke
the whole or any part of the provisions of Schedules C, E, F,
G, H, J, K, L and M, and may substitute new regulations
therefor.
Application of Ordinance.
267. (1) Parts 11, IN, and IV shall not apply to any
,part of the New Territories, except to New Kowloon, unless
the Governor in Council. shall *by order otherwise direct; and
the provisions of sections 111. and 112 shall not apply to any
domestic building which existed- on the 29th day of Deceni-
ber, 1894, unless such building is situated within the, City of
Victoria, or at Kowloon, New Kowloon, Quarry Bay,
an, or Aberdeen, or within such other districts or places as
may be notified by the Governor in Council. ,
(2) The provisions of sections 204, 222 and 225, so far as
they relate to authorised architects shall not apply inany Case
in which the Building. Authority shall so decide, and the
Governor in Council may direct the Puilding Authority
The Governor in Council has applied section 211 to the ~,Neiv Territories see
G. N. 689 of 1903.
to prepare type-plans and may make regulations in regard
to such type-plans ifapproved, and domestic buildings inay,
notwithstanding anything to the contrary in this Ordinance
contained, be erected in accordance with such type-plans
and regulations in any part of the Colony outside an urban
district.
11 268. Nothing in this Ordinance shall be deemed in any
way to derogate from or lessen the validity or effect of any
certificate or written permission of the Board granted before
the commencement of this Ordinance under the authority of
or in accordance with any Ordinance in force at the date of
the issue of such certificate of written permission.
269. No matter or thing done by the Board or Building
Authority of by ally member of the Board, or by any officer
of the Department ol, other person whoinsoever acting under
the direction of the Board or Building Authority shall, 'If it
was done bona^ fide for the purpose of executing this Ordi-
nalice, subject them or any of them personally to any action,
liability, claim, or deivand whatsoever: Provided that
nothing herein contained shall exempt any person from any
proceeding by way of mandamus, injunction, prohibition, or
other order unless it is,expressly so enacted.
~ 270. The provisions of section 48 of the Interpretation
Ordinance, 1911, shall apply to actions or prosecutions com-
menced against the Board or Building Authority or any
person acting under their or his direction or any meiriber of
the Board or officer of the Department, or other person
acting in his aid, for anything done or intended to be done
or omitted to be done under the provisions of this Ordinance
271. Nothing herein contained shall be deemed to prevent
or limit the exercise by His Majesty of any powers of
resumption contained in any Crown lease.
[Schedule A, rep. No. 43 of 1912 Supp. Sched.].
SCHEDULE B
BY-LAWS
Bake-house.
1. Al premises now used or hereafter used as a bake-house shall be
registered annually, during the monthof Juanuary, at the office of the Board,
and every application for registration shall be made in the form appended
to these by-laws.
2. Every bake-house shall be adequately lighted and ventilated to the saits-
faction of the Board, and the ground surfaces shall be paved with a layer of
not less than six inches of good lime-concrete or not less than three inches
of 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,and the surface
thereof shall be rendered smooth and impervious with a layer of asphalt or
cement-motar of not less than half an inch in thickness or such other
material as the Board may approve.
3. Every bake-house shall be so drained as to be in accordance with the
and, except with the special permission of the Board, this water shall be
laid on to the draius shall be place doutside the building.
4. Every bake-house shall be so drained as to be in accordance with the
requirements of the Public Health and Buildings Ordinance, 1903, and all
inlets to the draius shall be placed outside the building.
5. No water closet, dry closet, earth closet, or urinal shall be within or in
direct comunication with any bake-house.
6. Every bake-house shall be kept at all times in a cleanly condition and
free from all noxious matter. The troughts, tables and utensils in use in the
bake-house shall be thoroughtly cleansed and the floors properly swept at
least once in every twenty-four hours. The whole of the interior walls and
the ceilings of the rooms of the bake-house shall be properly limewashed
and the wood-work thoroughly scrubbed with soap and water during the
months of January and July of each year.
7. No animals except cats shall be kept in a bake-house.
8. No person suffering from any infectious or contagious disease shall be
permitted to take part in the manufacture or sale or delivery of bread or
biscuits.
9. Every bake-house shall be, during the hours at which baking operations
are carried on, open to inspection by any member of the Board or officer of
the Deparment.
10. No person other than one caretaker shall occupy between 11 p.m.
and 5 a.m. any premises used as a bake-house, except such person be at the
time actively engaged in carrying on the work of the bakery.
BAKE-HOUSE,- continued.
11. No preillises shall he used as a bake-house until such premises have
been approved by the Board as being in accordance with the by-laws
.relating tothe regulation of bake-houses, and have been registered.
1, the U nders ig Lied, hereby notify the Sanitary Board that 1 propose to
commence/continue the businese of a public bakery on the premises known
its No.
floor, Lot No. and 1 beg, leave to request that.
the said premises Inity be duly registered as it public bakery.
Singature of applicant.
Basements.
1. The conditions under which alone it shall be lawful to live in, occupy,
or use, or,to let ot, sub-let or to stiffer or permit to be used for habitation
any basement shall be-
(1) that such basement, is provided with one window at, least, opching
into the external air and that the total glazed area of such window or win-
dows is at least one-tenth of the floor area of such basement ; and
(2) that no side of such basetnent abuts against the earth or soil to- an
average height exceeding four feet above the floor level ; and
(3) that thoughout the remainder of the height of such basement the
,ground outside is at least eight feet distant horizontally from the external
wall of such basement ; and
(4) that the area forined between such ground outside and such external
wall is not obstructed or covered over either wholly or. partially by the erce-
tion of structures, coverings or fixtures of any kind whatsoever:
Provided.always that.the Board may, if it thinks fit, grant permission in
writing to :obstruct or cover such area in any manner which may bc pre-
viously approved by the. Board.
2. The conditions under which alone it shall be lawful to occupy or use,
or to let or sub-let, or permit to he used for occupation its a shop,
workshop or factory any basement shall be that such basement complies with
the provisions of by-law No. 1 of these by-laws, or that such basement
does not exceed 'thirty feet in depth, as measured from the front wall
to the back- wall ' aud is lighted, ventilated and maintained in usanitary
condition to the satisfaction of the Board.
As amended Law Rev Ord., 19.24.
BASEMENTS, - Continued
Such shop, workshopor factory may nto be used for habitation except by
such number of persons as the Board may authourise in writing, and in every
case in which the Board authorises any person ro persons to use for habita-
provided by the erection of a cockloft or bunks which shal have a clear
space of at least four feet between it or them and such side or sides of the
basemnet as abuts or abut against earth or soil.
Cattle-sheds, pigsties, etc.
1 Annual licences expiring on the 31 st day of December of the year in
which they are granted shal be issued for the keeping of cattle, swine,
sheep and goats.
2 Any perosn desirus of abtaining a lecence to keep cattle, swinge sheep
or goats shall make application to the Board by means of a preoperly filled-in
form, for which purpose blank forms can be obtained from th Secretary at
his office.
3 No buildign in which cattle, swine, sheep or goats are housed shall be
situated nearer than six feet to anh dewelling-house nor shall such building
in any way connect with a punlic or private sewer except with the special
permission of the Board. Such buildign shallbe built of brick or stone or
of other material to be approved by the Board and shall be lighted and
ventilated to the satisfaction of the Board, and the flooring thererof shall be
of grnite slabs, concrete, or other impervious material and provided with
water-tihgt cchannels for draining all urine and fluid noxious matters into
a water-thight covered sump or such other place as amy be approved by
the Board. The sum[ or such other place as may be approved by
and shcall be emptied and the contents thereof thogether with solid manure
in the building removed daily. The board may however waive any of
these conditions, provided that int heopinion of the Board such can be
done without danger ot the public health.
4 Each cow shall have at least thirty-two square feetnett area to stand-
ing room, and three hundred and sixty cubic feet of air space; in no case
shal the building be laess than twelve feet in height.
5 Each sheep and goat shall hve a lest eight square feet of standing
room an dninety cubic feet of air space.
6 Each pig shall have at lest eihvt square feet of standing room, and
every pigsty shallbe nto less than four in heiht at its lowest part.
7 The buildigns shall be at all times kept in a cleanly conditio and the
walls be scraped and limewashed daring the months of January and july of
each year.
CATTLE-SHKDS, PIGSTIIES, ETC- Continued.
8. - A.building for. which a licence is, held to . house cattle, swine, sheep or
goats shall riof be used for any other. purpose than the housing of such
animals except the storage of fodder, and the space occupied by such fodder
shall'not be included in the cubic air space laid down in by-laws Nos. 4, 5
.and 6 of the by-laws.
9 Buildings in. which cattle sheep, goats and swine are housed shall be
.at all times open to inspection by any member of the Board or officer of the
Department.'
1 0. Every licensee or, in hid absence, the.perseu in charge of the animals
shall,' with &il possible report ot the Colonial Veterinary Surgeon . or
to the officer in charge of the nearest police station any and every case of
disease occurring stmongst his,animals. . In the event of an. animal dying,
the carcase shall not be rernoved'or buried without an order in writing from
the. Colonial. Veterinary Surgeon or from. some person authorised by him.
11 The Beard may, in its discretion, cancel any lieeqco. to keep itnituals
on the holder of such licetice being asecondtime convicted before a magis-
trat.e for a breach of these by-laws.
12 In the calculation of cubic sp ace under by-law No. 4 of these by-laws,
Awo -calved qndqr onp year shall be. ediint9d ad one cow.
13. In the calculation of cubic space under'by-laws Nos. 5 and 6, of these
.by-laws', ovo Jarn bs, two kids and two young pigs under four months shall
be counted as one'sheep, one.'goat, and one pig spectiiely.
.14 Any person: desirous .of obtaining it licence for a. building in which
animals are' to be housed shall make'adequ'ate provision that such building
shatt have a suitable supply ot good wholesome water for the use of the
animals to be housed therein, and such supply of water shall be within such
distance of such building its shall in each case he determined by the Board.
Cemeteries.
Centelenies other ehan Chinese centeteries.
1 Every, cemetery shall be at all thnes open to inspection by any inem-
her 'of. the- Beard or by the He.ad of the D6partment or any officer of the
Department directed by him to 'make such inspection.
2' Each grave shall bear a nu ber.
3 A register shall be kept by the person or persons in chargeof each
cemetery, at or near such cemeterey, and the dte of burial, name, sex
and age of each person shallbe entered therein against the number of the
gravein which the corpse is interrred; such register shall be open to
inspection by any member of the public, at any reasonable hour.
CEMETERIEs,-Conti)zued.
Each -grave shall be dug to a depth of at least five feet, with, the
exdept,i6n A4h6 graves of children under ten years, of age which need not.
exceed four feet in depth.
5. Except in the cases hereinafter specified, only, one corpse shall be
placed in one grave. Exceptions : (A) In the case of the interment of
children uunder ten years cf aee, more than one corpse may be interred in one
grave, provided the top of tEe. uppermost coffin is at least thirty inches
below the ground surface. (B) More than one member of the same family
may be interred. in one grave, provided the top of the uppermost coffin
is at least thirty inches below the ground surface.
The interspace between any two coffins (except when buried in it
single grave under by-law No. 5 of these by-laws) at any point shall be at
.least. eighteen. inches.
7. Each grave shall be properly covered with turf or such other material
as may be app~oved by the Board, within twelve months ofthe grave being
:filled in.
8 Except for,the purpose of further interment under by-law No. 5 of
these by-laws, no grave may be reopened after a corpse has been interred
therein without the written permission of the Board for that purpose, and
.the written consent of the next of kin of the person buried.
9..,Any person proposing. to inter a corpse shall give not less than two
hours notice to the.lnspector od Cemeteries at the head or branch offices of.
the Depaaartment and shall specify -the hour at which it is proposed that suell
inte'rment shall take place.
The fees. to be charged in the Colonial Cemetery shall be as
follows
For each grave space of 15 superficial feet . 10.00
Grave, digging .................1.00
Exhumation of corpse . .........5.00
For each grave space for children under ten years of
. ..............................5.00
Grave digging . ................1.00
Second burial in the same grave . Free.
Patipgr.intermetit .............Free.
Monuments.
A mouninent over any. grave space or any inclosure
of. a grave space not occupying more than 15
superficial feet . .... ...Free.
(2) No monument over a grave, space or inclosure of the surface of a
grave ~pace occupying more than fifteen superficial feet shall be erected or
made -without permission from the Board, which may, if it thinks fit, grant
such permission upon payment of a fee of two doA lars for each superficial
foot to be occupled by the monument or inclosure . in, excess of ,fifteen
superficial feet.
CEMETERIES, - Continued.
11-(1) There shall be set aside special sections in the Colonial
Cemetery for the burial of naval and militry commissioned officers, civil
servants, residents of mre than twenty years standing, residents of more
than severn yers standing, children and destitutes. The president or in
his absence th vice-president of Board may however grant permission
for the interment of any person in any of athe above-mentioned sections.
A map of the cemetery showing the above sections shall be kept int he
office of hte Board and be available for inspection by any member of the
public.
(2) Application for permission to itner a corpse in any special section,
not already provided for, shall be madein writing to the Secretary and shall
be decided upon by such person or persons as the Board may appoint; if
no such application is made, every corpse shallbe buried in such postion as
the President shal direct.
12. The burnign of joss sticks and firing of crackers is prohibited in that
portionof the Colonal Cemetery set apart under the Christian Burial
ground Ordinance, 1909, for burial of persons professing the Chiristian
religion.
B
chinese cemeteries.
13 Eac cemtetery shall be laid out in sections of such seze and arranged
in such manner and sch cemtetyr or any part therof may be set apart for
re-interments after exhumation and for the storage of th eremains inpots or
urns as may be directed by the Board.
14 A plan of each cemetery showing the various sections shal lbeon view
at or near to the cemetry and at the offices of the Board.
15 Amonthly register shalbe kept in the Chinese language ata or near
each cemetery, and the date, aname, seex and age of each person shall be
entered therein against th number of the grave in whcih the corpse is
interred. These registers shal be depostied at e office of the Board after
a period of two years, and shall be filed there.
15A Each grave shall be dug to a depth of at lelast five feet, with the
exception of the graves of children under ten years of age which need not
exceed four feet in depth.
16 except as regards the corpses of children under thenleers of age, only
one corpse shall be placed in one grave. In the case of th corpses of
children under ten yeras of age, two corpses may be placed inone grave.
17 Each grve shall be filled into the satisfactionof the Board.
18 No gravemay be re-oopened after a corpse has been interred therein
wtihout the wittten permissionof the Board, not (except where no charge
has been made for the grave space) withut the written consent of the next
of kin of the prson buried, if such next of kin can be found.
CEMETERIES- Continued.
19.1 The. following fees will be charged for each grave space and inter
,ment. or for storage in pots or urns of the exhumed remains of nativesof
Hongkong orother persons, huried in this Colony in the various sections of
teh cemeteries:-
section A-free; 50 cents for digging and filling in each grave.
B-$1 }and $ 1 for digging and filling in each grave.
C-$2
D-(1) for square feet...................... $ 5.00.
(2) for 15 square feet................... $10.00.
(3) for every addition a15 square feet
up to 75 square feet................. $10.00.
20 The areas of the grave spaces in the various sections shall not exceed
the followign dimensions
Section A-7 feet long by 2 feet wide with 18 inches interspace.
B-7 feet long by 2 feet wide with 18 inches interspace.
C-8 feet long by 3 feet wide with 18 inches interspace.
D-75 square feet with 18 inches interspaces.
21, The foregoing by-laws shall not apply to the Chinese Perinanent
Cemetery. at: Aberdeen.
Common Lodging-House.
1 A registere of kill common lodging-houses shall be kept. by the Secretary
for Chinese Affairs in accordance with Form No. 1 appended to these by-laws.
2 Before a house can---be registered as a common lodging-house, an
application must be. made to the Secretary for Chinese Affairs in accordance
with Forin Nio. 2 appended to these by-laws, setting forth the situation of
the house, the number of the rooins to be set apart for. lodgers and the
cubic cpacity of each room so setapart,: and for this purpose the schedule,
or form will be furnished by the, Secretary, for Chinese Affairs
3 The Secretary for Chinese Affairs shall transmit each application for
the registration of a house as a common lodging-house to the Board and the
Board shall tbewcause the house specified in such application to be inspected
.by one or more of the officers of the Department who shall submit a report
oil th.e.sanitary condition of such house and its suitability for use its a coin-
mon lodging-house.
4. Any house to be registered tis a common lodging-house must be sub-
stantially built and in a good state of repair, and must be adequately lighted
and ventilated to the satisfaction of the Board, and all the rooms which are
to be used as sleeping-rooms antst be on all Ues above.the level of the
ground immediately surrounding the house. The houseArains most be
in good order:and constructed in: accordance with the by-laws regulating
house drainage, and there must be adequate kitchen, ablution, privy, urinal
and ash-bin accommodation; and unless the supply of water is constant,
there must, be. a, proper cistern for the storage of water.
*As aniended by Lwy Rev. Orct, 1924.
COMMON LODGING- HOUSES,- Corilinued.
5. Mhen the Board is satisfied that a house sought to be registered'as a
,.common . lodging-house is. suitable for such a purpose, - the Secretary for
Chinese Affairs shall he informed accordingly and he inav then register stich
house as a common lodging-house.
6. Before any person can be licensed as keeper of a common
lodging-house, an , application must he made to the Secretary for Chinese
Affairs, and such, application. must 'be accompanied by a certificate of
character from one.or.more huseholder- be approved by the Secretary
for Chinese Affairs-who shall give security for the carrying out of the
regulations by the licensed keeper.
7. When the Secretary for Chinese Affairs is satistled with the
of in applicant for a licence to keep a coninion lodging-house, lie inav issne
a licence to such applicant accordingly.
8. The keeper of a common lodging-house shall reduce the number of
-lodgers in any room of his common, lodging-house upon receiving notice in
writing from the Board stating the cause for making such reduction, and tile
Deriod for which it shall continue in force.
9. The keeper of a common loduing-honse shall not permit bis premises
ta be oectipied,,botween 11 p.m. and 5 a.m., by a greater number of persons
than that specified--- oit the. licenee issued to him by the Secretary for
Chinese 'Affairs.
10. The keeper of a common. lodging-bouse shall not permit.males and
females Above ten years of age respectively to occupy the same sleeping.
apartment except in the cases of husband -and wife, and parents and
children, and he shall not allow any person to occupy his house for immoral
purposes.
11. The keeper of a common loffiring-house shall not knowingly permit
persons of,bad character to. lodge in his house and he shall maintain and
enforce -ood order and decorum therein.
12. The keeper of a common lodging-house shall caue the internal walls
each of the sleeping-rooms to be kept opeint o therir full width ofr a t least
four hours each day, unless prevented by inclement weather or by the
illness of any person occupyinc. any of the rooms.
13., Thekeeper of a common. lodging-house shall cause the internal walls
and ceilings of every.part of his house to be thoroughly cleansed and lime-
washed during the months of January and July of each year.
14. The keeper of . a common lodging-house shall at all times keep his
premises in a clean and wholesome condition, and the fittings of th sleeping-
room shal be maintained by him in a thourough state of reparir. He shall
cause every room passage and stair to be thoroughly swept at least once
a day.
15. The keeper of a common lodging-house shall cause all filth and
house-refuse or other offensive matter to be'removed from his prermses daily.
COMMON~ LODGING-HOUSES, - Continued.
16. If any,. person, in a common lodging-house becomes ill from any
infectious contagious, or communicable disease, the keeper of such common
lodging-honse shall forthwith eive notice thereof to the sanitary inspector
in whose distict the lodging-house is situated, or to the nearest police
station or to the Secretary for Chinese Affairs, and the keeper of such
common lodging-house shall cause. the house to be vacated and shall allow
the beddign, clothing,. and other articles, used, by the infected, person to he
destroyed. or disinfected. and the house to be fumigated, disinfected and
.Iiwewashed,',at the.public expense.
FORm No. L
form of- common lodging-house register.
FoRm No. 2.
Application for house to be registered as a common lodging-house.
I, the undersigned, hereby make application to have the under-mentioned
premises registerd as a common lodging-house
Signature of applicant, .., ...........................................
Address, 1.............................................................
19
situation of premises sought to
be registered as a common ....................
lodging-house ................................
W4
The, number 'of floors to be
used as a'common lodging-
.................*house ........................... ...........................
COMMON LODGING-HOUSES,- Continued.
The number of rooms set apart for lodgers .........................................
cubic capacity of room No., 1 cubic feet.
do. do. No. 2,
do. do. No. 3, do.
do. do. No. 4, do.
do. (10. No. do.
do. do. No. 6, do.
To the, Secretary chinese Affairs.
Dairies.
1. Any building used. as a dairy shall be registered annually during the
month of January, at the, office of the Board, and every application for
registration shall bernade in, the forni appended to these by-laws.
2. Every dairy shal be adequately lighted and ventilated to the satisfac-
tion of the Board, and the ground surfaces shall be paved with a layer of not
less than six inches of good lirne-ebnerete, or not less than three inches of
cement-con.crete composed of one part of cernent, three parts of sand and five
parts.of stond'broken to pass through a one inch ring, and the surface there-
of shall be rendered smooth and imperviouswith a layer of asphalt or cement-
mortar,of not less than half an inch in, thickness or such other material its
the Board,may approve.
3 NO person sball use any dairy as a sleepIng-rootn or for domestic
purposes.
4' No animals except cats shall be kept in any room which is used as a
dairy.
5. Every dairy shall be so drained its to be in accordance with the require-
ments of the Public. Health and Buildings Ordinance,, 1903, and all inlets to
the drains shall, be placed outside, the building.
No water closet, dry closet, earth closet, or urinal shall be within., or he
in direct, communication with any dairy.
7.'Every* dairy and all articles used therein shall be kept at all times in a
cleanly condition and*ftee from altnoxibus matter. The wholeof the' in terior
walls (tinless tiled) and the ceilings of the rooms of the dairy shall be prop-
erlyl*lim,ewashed during the months of January and July of,each year.
8.Every dairy, shall be at all times open to inspection by any member of
the Board or officer of the Department.
9 No building or part of a building shall be used as a dairy until such
premises have been approved by the Board. as being in accordance, with the
by-laws relating to the regulation of dairies and have been registered.
10. No receptacle used for the reception or storage of milk in any dairy
shall be used for any other purpose whatsoever.
As amended by Law Rev. Ord,, 1924..
DAIRIES, - Continued.
11. Ever dairy shall have an ample supply of good potable water and
shall be connected with the Government Water Works, unless the Board
shall expressly sanction the obtaining of water from another source.
Form of application
I, the uudersigned, hereby notify the Sanitary Bo,,iTd that 1 propose to
comiDelleelcontitiae the business of a dairy on the premises known as No.
Street, floor, Lot No. and
1 beg leave to request that the said premises may be duty registered as a
dairy,.
Depats for cattle, pigs, sheep, and goats.
PART 1.
General.
In these by-lams,
(a) 'I Depot and Dep(Us rndan respectively a depot and the
for cattle, sivine,.sheep and goats provided by the Government.
(b) Officer in ebarge means the person appointed by the Hcad of the
Department to superintend and have the care of the Dep6ts or any one of
them or any part thereof.
1. The fee payable for each head of cattle b oused in a DelAt shall be fifty
cents when cattle so housed are removed to any place other than the slaugh-
ter-house adjoining such Depot or another Depot, and the fee payable for
each pig, sheep and goat similarly housed and removed shall be ten cents. No
fee is payabel admission.
2.-No cattle, pigs, sheep or goats shall be removed frorn a Depen for any
purpose except on.a removal order signed by the officer in charge. Such order
shall * be,granted on the.production and deposit of the receipt given on the
admission of the animals and in favour of the person therein narned or of any
other person on his order.
3. The Department provides water only for the use of the cattle, pigs,
.sheep, and goats, housed in the Depot . The owners of such animals must
provide proper and sufficient food and must send men in sufficiont numbers
to look after, feed and water such animals, but no other unauthorised person.
inny be or remain on the premises duritig such hours as the Dep(Us tire closed
to the public.
~4. Neitherthe Government nor the Board will be responsible for the safe
.cust 0Ay of any cattle, pigs, sheep or givats housed in a Dep6t.
5.'The drenching oP any animal 1 with any substance ivhat,e,ver, or the
adminisration of salt in any form, in a Depot', except with the permission of
the Colonial Veterinary Surgeon or of the Inspector on duty, is prohibited.
As amended by G. N. go. 78 of 1922 and Law Rev. Ord., 1924.
DEPOTS FOR CATTLE, ETc.,-Contingwd.
~PART 11.
Maintenance ofordei. in DepUs.
1. NO person, not being an officer or servant of the Department, shall
enter or remain in the Dep6ts except for the, purpose of securing or of
supplying food or water to any, animal therein.
2' No person shall use in the Dep6ts any indecent or obscene language
or enter or remain therein in a state of intoxication.
3. No person shall bring into the Dep6ts any malt, or spirituous liq.tior
or any drug of any nature whatsoever.
4~. Every person who * may desire to use the Dep6ts for. the purpose of
accommodating any animal shall make application, in writing, to the officer
in charge, and permission to use the Depots shall he given to the several
persons so applying in the order in which such applications are received.
5-Every person using the Depelts shall obey all reasonable orders'given
Ao him by ibe officer in charge, and shall conduct himself in a quiet and
orderly manner therein.
6 No person shall obstruct or hinder any other person in the proper use
of the Dep6ts.
7. No person shalt by any disorderly or improper conduct. disturb or
interrupt any other person in the proper use of the DepUs.
8 The Dep6ts shall for the purpose of the at inission. of animals be open
at such hours as may be fixed by the Colonial Veterinary Surgeon with tile
approval of the Head of the Department, and no person shall attempt to
gain access. to or shall remain in the Dep6ts at any other hour.
9., Whenever in the opinion of the Head of the Department it is expedient
for its maintenance or preservation to close any part of any Dep6ts, he shall
cause a notice in that behalf to be posted in some conspicuous part of such
Depots specifying the part that. is closed, and no person shall thereafter use
or enter such part until a further notice has been published and posted as
aforesaid notifying the re-opening of such part.
10. Every person desiring to bring an animal into the Depot shall apply
to the officer in charge to inspect and pass such unimal, and no person shall
bring or cause to be brought or attempt to bring into the DepUs any animal
which has notbeen duly inspected and passed by the officer in charge.
Every person who shall bring or cause to be brought into the DepUs
an beast shall cause such beast to be securely tied to the tying irons in a
by re assigned for the purpose ; and- every person who shall bring or cause
.to brought into the Depot any' sheep, lamb, or goat shall cause such
sheep, lamb or goat to be prciperly penned in a lair assigned for.the purpose;
and every person who shall bring or cause to be brought into the Dep6ts
any pig shall cause such pig or cause to be brought into the Depot.
for the purpose.
DEPOTS FOR CATTLE, ETC- Continued.
12. If any difference or dispute shall arise between uny persons lisin- the
Dep6ts regarding any question of priority of riglit. to use any part of the
Dep6ts, such difFereace pr dispute 'shall be referred to the officer in charge
and the decision of the officer in chargg shall be final and. shall be obeyed
by such persons.
13. A person resorting to the Depots in charge of any cart or other
vehicle shall riot station such cart or vehicle in the Depots or in any private
'read giving access thereto in such manner as to hinder any animals or any
other cart or vehicle in arriving at or departing from the DepUs, or wilfully
arid improperly, statio n such cart or vehicle 'so as to occupy a position in
which the person in charge of any other cart or vehicle would, by priority
of arrival, have prior claim to place such last-mentioned cart or vehicle.,
14. Every person who ollends acrainst any of the by-laws contained in
this Part shall be liable to a fine trot exceedin- fifty dollurs.
Disinfection of infected premises.
[Ath. December, 1908---
1 Ju these by-laws,
(a) 11 Epidemic, endemic, con tagious or infectious disease means plague,
cholera, small-pox,' diphtheria, scarlet fever, typhus fever, enteric fever,
relpsing fever, puerperal fever, para-typphoid fever, cerebro-spinal fever, and
yellow, fever.,
(b) Infected premises .means any premises in which any person
suflering frorn, any,epideinic, endemic, ~contagious or infectious disease is or
bas been recently located and arry premises in which any animal infected
with plague or dead from.the game has been.found.
(c) Medical, Officer of Health includes any Assistant Medical Officer
Of Health.
2. When any person suffering from any epidemic, endemic, contagious or
infectious disease has been. removed from any premises or Las recovered
or has.died-,: the Medical, Officer of, Health shall take such steps as lremmay
deem necessary for the disinfection and purification of the said
Premises.
.3, . All infected priemises shall forthwith after the removal therefrom of
the infected person oranimal or of the dead body be thoroughly cleansed
and disinrected to the satisfaction of the Medical Officer of Health, and if
in the opinion of the 3dedical Officer of Health it is necessary in the
interests of.the.public health the * persons residing In. such building or part
of'a building shall be detained'therein or shall removed to such building
or vessels as Board may direet may direct there beisolated and kept under
supervision until such time as they may, inAe 'opinion. of the said Medical
---Asamended by G. :Ns. M6s. 336 of 1014, 72 of 1918 and 108 o
Rev. Ord., 1924.
DISINFECTOINS OF INFECTED PREMISES, Conlinued.
,Officer of Health or other medical officer in charge of such buildings or C
.vessels be safely released ; and it shall not be lawf til. f or any person to
re-occupy., any. such building or part of a building until it has, been
thoroughly, cleansed and disinfected as aforesaid. Such cleansing and
disinfection may, with the approval of the Medical Officer of licalth, be
.done in whole or in part by the inmates or by persons engaged, by thern.
And further if in the opinion on of the Medical Officer of Flealth it is necessary
for the thorough purification and disinfection of such premises to take down.
any.lath and plaster. or other hollow partition wall or an partition, screen,
.panelling,, wainscotting,, ' skirting, . stairlining, ceiling or other similar
structure, pr, any fittings or any portion of such wall, structure or fitting,
the Medical Offleer of Health shall fnrthwith have the same taken down,
and if be-considers their removal from the premises or the destruction
thereof or both necessary in the interests of the public health'. lie shall
forthwith cause the same to be removed from the premises or destroyed or
both. Such destruction shall be carried out with such precautions and in
such manner as he may deeffl proper, and compensation for. such removal
or destruction shall be given b~ the Board unless it is proved on behalf of
the Board that the wall, structure or fitting removed or destroyed had been
unlawfully erected or maintained. Such compensation shall be calculated
so as to civer the cost of making good the portions of the biffiding darnaged
by sueb* removal, including the lirnewashing of any exposed surface and
the rebuilding of any necessary wall in materials approved by the Board,
.,but no compensation shall he payable for any loss of rent or deterioration
in the value of the property occasioned or alleged to be occasioned by the
operation of these by-laivs. In any case in which the amount clairned for
compensation exceeds two hundred and fifty dollars, an appeal shall lie from
the decision of the Board. as, to the amount. of the compensation to tbe
Governor in Council whose decision thereon shall be final and conclusive:
Provided however that no such appeal shall lie unless notice thereof shall
' have been. given to the Clerk of Councils within fourteendays from the
'date upon which the appellant shall have been notified by the-Board of any
such decision as aforesaid.
.The Board ~shall :decide in each case whether the compensation, if any,
is to be paid to the owner or to the occupier, and payment in accordance
with the decision of the Board shall bar any farther claim to compensation
by owner or, occupier : Provided that nothing in these by-laws shall' affect
the rights of the owners or occupiers tWer se as to the ultimate apportion-
ment of any compensation awarded.
The provision of this by-law shall apply to all premises.which became
infected after the 31st day of March, 1912, or shall hereafter becorne
infected.
4. If any article of clothing or bedding, or any other article which has
been. in; contact' with any person or dead body in.any way.affected by any
such disease or which shall have been found upon any premises recently
occupied by'suich person or body, cannot in the opinion of the Medical
Officer 'Of Health be preserved without danger to the public health, and
cannot be effectively disinfected, then such article shall be destroyed in
such manner and such place and. with such precautions as the.Board may
from time to time direct, and compensation for such article or afficles
DISINFECTION OF INFECTED PREMISES-CONTINUED
destroyed shallbe given as provided in section 89 of hte Public Health
and Buildings Ordinance,1903.
5. If any article of clothoingor bedding or any other artice which has
been in contact with any person or dead body in any way affected by any
occupied by such person or body can inthe opinion of the Medical Officer
of Health or of a sanitary inspector specially authourised b the Head of the
Department be preserved without danger to the public health, and can be
effectively diainfected, then such arrticle sahll be removed form any premises
in whcih it may be found by any prson actin under the instruction of or
with 'the sanction of the Board. or of one of the duly authorised officers of
the Department with such precautions and in such mariner lis the Board
shall from time to time direct and shall be effectively disinfected and then
returned to the owner or owners thereof. No person save, as aforesaid shall
handle any such article until it has been disinfected.
[6, 7.6p. Law Revision Ordinance, 1924.]
Domestic cleanliness and ventilation.
1. The occupier of ally dotilestic building shall at all times cause such
building to bp kept in a cleanly and wholesome condil ion 4nd see that the
drains, traps, Krkitings, fall-pipes and sanitary fittings and appliances are
keep free from obstruction 4nd in an efficient state of repair ; and he shall
,keep the windows and ventilating openings at all times free from obstrue-
tion unless prevented by. inelelaen t. weather or by the illness of any. person
occupying such building.
2 The Board shall, if satisfied that apy domestic building is in a dirty
conditign, give notice to,'the owner or . occupier to have such building, in
respect of,Whieb the notice is given,thoroughly cleansed and limewashed
withit a period of one week from the date,of receipt of such notice, and
such owner or occupier shall cleanse and Iiinewash such premise@ with such
notice.
3 Every domostic building, or part, of such, building, within the areas
mentioned in this, by-law which.is occupied by members of more than one
family 81191, unless specially exempted by the Board, be cleansed and lime.
washed Groughout by the owner, to the satisfaction of the Board, not loss
than once in every year during the periods mentioned below opposite such
areas, and notice in writing that such eleansh and linnowasbing has heel,
completed shall be sent by the owner to the Secretary within three days
after the date of completion Provided that the provisions of this by-law
shall not apply to domestic buildings within the European Reservation nor
,to domestic buildings in Kowloon south of Austin Road except Cant ' on and
Haiphong Roads nor to such parts of domestic buildings as are used solely
as shops, offices or godowns.
As amended by G. Ns. Nos. 304 of 1915, 533 of 1920 and 80 of 1922, and
Law-Rev. Ord., 1924.
Area NO. 1.
Island of Hongkong
That portionof the City of Victoris east of and includ-
ing Gilman Street and Peel Street and the villages or
districks known as Wong Nei Chung, Tai Hang, Tung Lo
Wan, Tsz Mui, Whitfield, Quarry Bay, Sai Wan Ho
and Shaukwan as far as th Tin Hau Temple, Shaukiwan
Area No. 2.
Island of Hongkong.
That portion of the City of Victoria west of but exclud December and
in- Gilman Street and Peel Street as far as and including
anuary..
Tank Lane and Cleverly Street.
Area No. 3.
Island of. Hongkong.
That portion of the City of Victoria west of but exeliid-, February and
ing Tank Lane and Cleverly Street. March.
Area No. 4.
Kowloon and New Kowloon.
That portion of Kowloon and New Kowloon east. of and
.including Nathan. Road and its extension as far as the
northern boundary, of Kowloon, thence east of a straight October and
line drawn duo north to the northern boundary of New
Kowloon.
Area No. 5.
towloonund New Kowloon.
Thatuportion.'of Kowloon and New Kowloon west of but
excluding Nathan Road and its extension as,far as the)
northern boundary of Kowloon, thence west of a straight December and
line drawn due' north to the northern boundary of New January.
Kowloon.
4.~ In any case where, on.receipt of.the notice mentioned in by-law No. 3
of these by-laws or on the expiry of the several periods set out in thesaid
by-lawi it, appears to the Board that the provisions and requirements of. the
said by-law have not been completed 'to. its satisfaction, the Board shall
have full power after'fourteen dayA notiu to the owners given writing to
enter on the . premises and thoroughly to cleanse and limew'a'sh the said
premises, and 'the cost of.such cleansing and limewashing shall be paid by
the owner of such premises at a rate not to exceed three dollars for each
goor.
Entry and inspection.of buildings.
1---The Secretary shall furnish the snuitary inspectors with gener.
authority in. writing, in English and Chinese, to enter, between 8 a.m.
and 6 p.m., and. inspect, upon reasonable notice to the occupiers or
owners, any building and curtilage in their respective districts for the pur-
pose of ascertaining the sanitary condition, cleanliness and good order
thereof or of any part thereof, and of any partitions, mezzanine floors, stories
and cocklofts therein, or of the condition of any drains therein or in connexion
therewith. If it shall be requisite for the purpose of ascertaining the
sanitary condition of any domestic building or curtilage to open the ground
surface of any part thereof, any sanitary inspector in possession of authority
in writing signed by the Secretary or by the Medical Officer of Health after
giving not less than forty-eight hours notice in writing signed by either of
the aforesaid *officers to the occupier or owner.of such domestic building or
curtilage of his intention to enter the same for the purpose of opening up
the ground surface thereof, may so enter, with such assistants as may be
necessary, and open the grotind surface of any such premises in any place or
places lie may deem fit, doing as little damage its may be. Should the
material which has been used for covering such ground surface and the
nature and thickness thereof, be found satisfactory and in accordance with
law, such ground surface shall he reinstated and made good by the Board at
the public expense.
2. The Se6etary, shall upon the requisition of the Medical Officer of
Health authorise in writing, in English and Chinese, one or more of the officers
of the Department to enter any domestic building at any hour between 6 p.m.
and midniglit for the purpose of ascertaining whether such building or any
part thereof is in an overcrowded condition.
3. No officer of the Department shall, between midnight. and 8 a.m.,
enter nity domestic building for the purpose of ascertaining whetlier
such building or any part. thereof is in an overcrowded condition without
the written permission, in English and Chinese, of the Head of the Depart-
ment.
Importation and landing of animals and mitigation
and prevention of disease among animals.
1. ln these by-laws, unless the context otherwise requires,
(a) Animals includes cattle, sheep, goats and all other rinninating
animals, and swine and equities.
(b) Authorised landing place means any place declared by these
by-laws to be an authorised landing phice, and any other place declared by
the Board and notified in the Gazetto to be an authorised landing place.
(c) Disease includes cattle plague or rinderpest, septicaemia liaeiixor-
rhagica, pleuro-pneumonia contagiosa of cattle, foot and mouth disease,
sheep-pox, sheep scab, swine fever, anthrax and glanders (including farcy)
and any other disease declared by the Board and notified in the Gazette to
be included in the term disease for the purpose of these by-laws.
As amended by law Rev. Ord., 1924.
As amended by G. Ns, Nos. 77 of 1922 and 538 of 1923, and Laiv Rev, 1924.
IMPORTATION AND LAND1NG OF'ANIMALS, ETC.,- CONTINUED
(d) Equines includes horses, asses, rmiles and all other equine animals.
(c) Segregatiion place means any place appointed by the Head of the
Department. too be a place where, animals may be confined and isolated in
order 'to prevent or mitigate disease or the spread of disease, and includes
the Goverliment Dep6ts.
(f)'Special pormit mans a written permission granted by and in the
discretion of the Colonial Veterinary Surgeon.
2. Except in accordance with a special permit, no animal shall be landed
between 6 p.m. and 6 a.m.
3 Except in accordance with a special perinit, no animal shall be landed
at any place other than an authorised landing place.
A. The following are hereby declared to be authorised landing places:-
,(a)'. Kennedy. Town* Cattle Wharf.
(b). Ma Tau Kok Government W harf.
5. Subject to the terms of tiny special permit, every animal landed shall
forthwith. be taken or driven to the Government Depot at Kennedy
Town or Ma Tail Kok as the case may be, and every animal which is
brought into the Colony. by land shall forthwith be taken or driven to the
Government Depot at Yaumati Railway Station by the most direct route.
Every such animal, unless intended for immediate slaughter and slattubtered
accordingly, shall be detained in segregation in such depot, at the risk and,
expense of the owner, for such period as may be decided by the Colonial
Veterinary Surgeon.. .
Animals landed, or brought into the Colony by land, und er special
permit shall be-
(a) landed only at the time and place stated in the permits and
'(b)'taken'or 'driven forthwith -to the segregation place. stated in the
permit by the route staied in the permit, and
(c) rpaintained at such segregation place at the risk and expense. of tile
own6r for the* period stated in the permit.
7 The dung of animals landed or intended to be landed, and partly
consinued or, broken fodder that, has been supplied to such animals, and
the. litter, fittings, pens, hurdles, utensils and things,of any kind whatever,
used for or about such animalsi shall not be landed in the Colony or cast into
the waters of ' the Colony except under and in accordance with a special
permit.
8 The Colonial Veterinary Surgeong, or any person, acting under, his
direction,. may seize any animal or thing dealt, with in contravention of
these fly-laws, and the Board May order the forfeiture of such animals and
things, and.the same shall. there,upon, be destroyed, sold or otherwise
disposed of as. the Board may direct.
No compensation shall be paid. in respect of any, animal or thing
forfeited. under. these byTlaws, and such forfeiture. shall not prejudice, or
avoid any prosecution for breach of these by-laws.
IMPORT ATION AND LANDING OF ANIiMALS, ETC,-Continued
10. No person shall knowingly bring itno the Colony any animal
suffering frorn disease.
11. All, equines shall be malleined under the supervision of the Colonial
Veterinary Surgeon witbin tell (lays of arrival in the Colon), unless a
mallein certificate is produced to the Colonial Veterinary Surgeon and lie is
satis fled,therewith : Provided that, in the case of equines which are declared
011 arrival to be intended for re-export within one Month, the Colonial
Veterinary Surgeon may in his discretion and subject to such conditions as
he.may think desirable dispense with malleining for that period.
12. The following will be required before the Colonial Veterinary
Surgeon shall release aninials from segregation :-
(a) A certificate, to the satifacLion of the Colonial Veterinary Surgeon,
signed by a duly qualified veterinary surgeon recognised by the local
Uuthority of the country of orign of the animals in such of the forms set
out in the. appendix to these hy-laws as may be appropriate, or giving the
like particulars.
(b) A certificate, td the satisfaction of the Colonial Veterinary Surgeon,
from the Master of the vessel or person in charge of the animals that no
case of disease. has occurred during the voyage, and giving the following
information:-
(1) Nature and number of animals embarked.
(2) Port of embarkation.
(3), Number and causes of deaths.
(4) Nature and number of aninials to be landed.
Provided that, when in the opinion of the Colonial Veterinary Surgeon,
any such certificate could not have been, or could not be, obtained with
reasonable ease, he unny dispense with such certificate.
13. All animals in segregation sball be so detained for a period of six
months from the latest date on which contact with disease may have
occurred, unless the Colordal Veterinary Surgeon, in his discretion, shall
direct earlier release, and the decision of the Colonial Veterinaril surgeon
as to the dav froin which the period of segregation is running ot. bas, run,
shall be final.
1 4. In the event of disease appearing among animals in segregation, the
Board shall have power to order immediate slaughter of the animals or of
any of them, or to prolong the period of segregation.
15. The Colonial Veterinary Surgeon in every instance shall report
,,promptly to the Board, from time to time, all the ascertainable material
particulars concerning animals placed in segregation and the. orders given
by him with r.ega rd thereto.
16. Notwithstanding anything in these by-laws contained, owners of
animals segregatiOD. May at any time cause their animals to be
slaughtered in a lawful manner.
17. For. the purpose of slaughter, the officer in charge of a Government
Depot. may permit transfer of anirnals. frorn one Government Depot to
another.
IMPORTATION AND LANDING OF ANEMALS, ETC. - continued
18. Owners of animals in segregtion shall on deniand pay such daily
char.e for the keep of suchuntil the saine shall be either released
from.segregation or destroyeil, as the llend of the Department may direct,
and in the absence of any such direction the charge per head shall he
ten cents for each day or part of a day.
19. Except as provided in by-law No. 20 these by-laws, no animals
carcases, dufig, litter, fodder, utensils or things of any kind whatever shall-
be removed from a segregatiod'plaee without a special perinit.
20 The carcases of animals dying or blaughtered on account of disease,
and all dung, litter, broken fodder and things of any kind whatever which
in the opinion of the Colonial Veterinary Surgeon may spread disease, shall
be disposed of by the Department or as the Board may direct.
Aninials in vessels in port.
21. Ex cept under the authority of a pennit granted by the Head Of the
Department, and except in accordance with the terins of such pertnit, no
anirnal which is brou-ht into the waters of the Colony on board any vessel,
and which is not destined for the Colony, shall br emoved form such vessel
in the'waters of the Colony.
21 While any vessel which has on board any animals not destined for
the Colony remains in the waters of the Colony, all dung of the anitnals
and all seraphigs, litter and sweepings removed from the vicinity of the
animals, shall at intervals not exceedin- twenty-four hours be dealt with
and disposed of,as the Head of the Department may direct.
Landing of careases.
23. Carcases of animals dying or slaughtered on board a vessel while
in the waters of.the Colony or during a voyage, shall not lie landed in the
Colony without a special permit.
Special perwits.
24. The permittee iianiod in a special permit shall ensure that the terms
of t.he special permit are strictly complied with.
Disease among animals
25. Every person having an animial in his possession Or tinder his cliarge
sall observe and make himself acquainted with the state of licalth of such
animal.
26.' Every person having in his possession or tinder his charge an aninial
affected witWor inspected of being, affected with disease shall-
(a) as: far as practicable keep that animal separate from animals not so
affected, and
(b)' with all practicable speed notify the fact of the anitual being so
affected or suspected to a European police officer of the police area wherein
such animal is, or to a sanitary inspector.
IMPORTATION AND LANDING OF ANIMALS ETC, - Continued
27 On receipt of a notification from an osvner or person in charge of an
animal, or on having reasonable grounds to stispect the existence of disease
in any place, a European police officer or sanitary inspector shall proceed
with all practicable speed to slicb place in order to ascertain all available
particulars as to the animal, and the owner or person in charge (-if the animal
or place shall give all reasonable facilities to such European police officer or
sanitary inspector- - -
28. It shall be lawful for a European police offlect. or sanitary inspector
who hits proceeded to any place in accordance with by-law No. 27 of these
by-laws, and notwithstanding inability to obtain particulars, to serve an
interim notice in writing, signed by him, declaring such place to be an infee-
ted place pending investigation by the Board, and also to leave a police
officer or officer of the Department in the place pending the arrival of the
Colonial Veterinary Surgeon.
29. An interitn notice shall set out the requirement of by-laws Nos.34
35 and W of these by-laws, and shall,, so far Its may reasonably be
define the premises affected thereby. Such notice, until withdrawn or over-
reached, shall have force and efflect as if given or confirmed by the Board,
30. Service of an interim notice shall be effected by delivery therenf to the
owner or occupier of the place or to a person in charge of the aninial or by
posting the same on some part of the place.
31. A European police officer or sanitary inspector serving an interim
notice shall report, with all practicable speed, the particulars obtained and
steps taken, by him, to the Secretary of the Board and also, in writinrr, to
.the Colonial Veterinary Surgeon.
32. The Colonial Veterinary Surgeon shall visit promptly the place to
which any interim notice relates, aud if, in bis opinion, discase exists 'or
within fifty-six days has existed at such place, he shall with all practicable
speed report all ascertainable particulars to the Board, but if satisfied that
disease does not exist or has not so existed he shall withdraw the inicrini
notice.
33. The Board niny declare any place where animals are or have been to
be an infected place and thereupon notice in that behalf signed by tbe
Secretary of the Board shall be served in the manner prescribed in
by-law No. 30 of these by-laws. A place declared to be an infected place
shal so coninue until the be, Board shall declarc the saine to be free from
infection.
34. No animal, and no carcase, Fodder, litter, dinig, utensil, milk or otlier
thing shall be moved out of an infected place without a special permit.
35. No person, except the Colonial Veterinary Surgeon and porsons
acting under his direction, and police officers and sanitary inspectors on duty,
and. the attendants of the aminials shall enter. an infected place without a
special permit. No attendant shall leave an infected place without a special
permit.
IMPORTATION AND LANDING OF ANIXIALS, ETC.,- continued
36. The owner or occupier and the person in charge of an infected place
shall give alt reasonable facilities for inspection and for the cleansing and
disinfection of the place and of any pens. hardles, utensils. or other things
used for or about the animals in such place, and shall ensure that the require-
ffients of or consequent on any notice, atfecting such place aod given undel.
these by-laws, are observed.
37. The Board rLay order the removal of any animal from an infected
place to any segregation place appointed by the Board.
38. If in the opinion of the Colonial Veterinary Surgeon an animal is
suffering from or has been in contact with an animal suflering from infectious
or contagious disease, the Board may cause such animal to be slaughtered
and the carcase thereof to be disposed of in such manner as the Board may
think fit.
39. No carcase of an animal shall be buried, or, after burial, be dug up,
except under the supervision of the Board or of an officer of the Department
acting under the instructions of the Board.
Appendix. [By-law 12 (a).]
Importalion of animals, Hongkong.
Form of veterinary cerificate to accompany bovine anintals 6roughl to
Hongkong from abroad.
1, the undersigned, [here insert official capacity, if any].....................
.......................................hereby certify that 1 have this day examined
the animal (s) described below and have found that the said animal (s) did
not show symptoms of rinderpest, septiencinia haemmorrhagica pleuro-
pneumonia contagiosa, foot and mouth disease, or other infectious or conta-
gious disease.
DESCRIPTION OF ANIMAL (S).
Signature of veterinary surgeon ..1
Professional qualification ................ 1 ......
Dated....this ...........day of 19
IMPORTATION AND LANDING OF ANIMALS, ETC.,-CONTINUED.
Form of veterinary certificqte required to accompany equines brought ot
Hongkong, form abroad.
I, the undersigned, [here insert official capacity, if any]...........
.....................................hereby certify-
1 that I have this day examined the animal (s) described below and have
found that the animal(s) did not show symptoms of glanders (including
farey), epizootic lymphangitis, ulcerative cellulities, dourine, sarecoptic mange,
infleuenza, ringworm or strangles; and
2 that I tested (each of) the animal (s) dscribed below with mallein on
the date(s) mentiioned, that is, within ten days before the date of intended
shipment of the animal(s) to Hongkong, and that the animal(s) did not
react.
Signature of veterinary surgeon........................................
Profession qualification...............................................
Dated this........... day of...................,19....................
Form of veterinary certificate to accompany animals other than bociue
animals or equines brought to Hongkong form aborad.
I, the underigned [here insert offcial capacty, if any] .....
.........................hereby certify that I have this dya examined the
animal(s) describd bleow an have found that the animal(s) did nto show
symptoms of infectious or coniagious disease or vermin.
IMPORTATION AND LANDING (F ANIMALS, EM,- continued.
DESCRIPTION OF ANITMAL(S).
Signature of veterinary surgeon 1 1
Professional qualification ................. 1
Dated this .....................day of ... .......... 1 19
Latrines.
1. Every public lartrine its fittings shall be, kept at all
times in a thorough state of repair.
2. Every public Iatrine shall be kept, at all times, in a cleanly condition.
3. While open to the Public, every Iatrine shall have at least on(, able-
bodied adult attendant constantly on duty therein.
4. All. the partitions, seats, floors and channels of every public latritic as
weH as all utensils therein, shall Ife thorou,ghly scrubbed at least once
every day.
5. The whole of the interior walls of every public Iatrine shall be,
limewashed and any fittings made of wood shall be tarred at least once
every mouth.
6 Fumigants of such description as may be approved by the Board
shall be kept burning in every Iatrine while it is open to the public.
7 The contents of soil pans in public. latrines shall be kept covered with
either earth, sawdust, opium-pucking or such other suitable material as tile
Board rnay approve.
8. The soil and urine collected in public latrines sliall be reinoved there-
from daily by the public conservancy contractor as provided for by the
terms and conditions of his contract.
9. Every Iatrine open to the public before sunrise or after sunset shall be
at such times adequately lighted.
10. Any building used as a public lartrine shall riot be used as a dwelling.
As amended by Law Rev. Ord., 1924.
Laundries.
1 . Every public. laundry shall be registered at the office of the Belard,
and every application for registration shall be tuade in the form appended
to these by-laws.
2. Every public laundry shall be adequately lighted and ventilated to the
satisfaction of the Board, and the ground surfaces shall be paved with a
layer of not less than six inches of good lime-conerete, or not less than
three inches of cement-concrete composed of one part of cement, three parts
of sand and five parts of stone broken to pass through it one inch riti-, and
the surface thereof shall be rendered smooth and impervious with a layer
of asphalt, cement-mortar of not less than half an inch in thickness or such
other material as the Board may approve.
3. Every public laundry shall be so drained as to be in accordance with
the requirements of the Public Health and Buildings Ordinance, 1903, and
all inlets to the drains shall be placed outside the building.
.4 Every public laundry shall be at all times kept in a cleanly condition
and the inside surfaces of the walls thereof shall be limewashed durinu
the months of January alid July of each year.
5. No persons, other than two caretakers, may occupy any building or
part of a building which is registered, as a public laundry, between
11 p.m. and 5 a.m., unless such persons are actively, engaged in carrying
on the work of the laundry.
6. Every public laundry shall be at all times open to inspection by any
member of the Board orofficer of the Department.
Form of application.
I the undersigned, hereby notify the Saukary Board that 1 propose to
carry on the business of a public laundry on the premises knowiv as
No. Street, floor,
and request that the said premises be duly registered as a public laundry,
Signature of applicant.
Hongkong, 19
Markets.
1. Market stalls shall be classified and set apart by.the Board, for the
sale respectively of meat, poultry, game, fish, fruit, vegetables, and other
perishable goods.
2. All market stalls shall be numbered.
3. A register of all market stalls shall be kept by the Head of the
Department---in the Form A appended to these by-laws. Every entry in
such register shall be prinid Jacie evidence of the facts therein appearing.
The person or persons whose name or names is or are entered in such
register its the lessee, is or are hereinafter referred to as the stallholder.
As amended by Law Rev. Ord~, 1924.
MARKETS,- Continued.
4 Copies of.the market by-laws shall be at all times posted in con-
splcuous. positions in the markets.
5 The Board shall, from time to time, fix the hours during which each
market shall be open to the public. * The hours during which any market
is open to the public shall be posted on a board placed in a conspicuous posi-
tion at such market. At least one month's previous notice in writing shall
be given to' each stallholder of any alLornfion in the hours during which
any market is open to the public.
6. No stallholder shall use such stall for any purpose other than that
for which it is let.
7. Every stallholder, who absents himself fron) the Colony for a pGriod
exceeding one month, shall notify such fact to the Flead of the Depart-
.ment and report to him the name of the agent respousibte for his stall
during',his'abse'nce.
8. Every occupied stall shall havo a signboard in front showing in full,
both in English and Chinese, the' name or name,-, of the stallholder. or
holders and his or their photograph or photographs shall be affi~ed thereto.
All photographs shall be renewed from time to time as the Head of the
.Department may direct.
9. No signboard or blind of any market stall shall be so arranged as to
obstruct any thoroughfare in such market, and no stallholder shall place
or . store any goods outside such market stall or allow them to project
beyond it.
10. No. person shall make ' use of any avenue or thoroughfare of any
market for the conveyance of mechadise not intended for sale or exposure
for sale in such market.
11. No person shall sell, ofFer or expose for sale any article in any part
of.the market other than the part thereof which is appropriated for. the Sale
of such article.
12. No persou shall hawk or cry any. article whatever for shall in any
market.
13. No stallholder shall keep any dog in any market, nor shall any
person. knowingly *permit any dog to follow him into a market.
14. Stallholders who require additional light in their stalls shall use
only electric lamps or. smokeless oil lamps of a pattern to, be approved by
the Head of the Department.
15. No flesh meat, (salted meat excepted), other than that which -has
been slaughtered in the Government slaughter-houses maintained and
Tegulated tinder the provisions of the Public Health and Buildings Ordi-
nauce, 1903, shall be exposed for sale in an of the markets of the Colony.
MARKETS,-Continued
The Board may, however, from time to time, grant permission in writing
revocable at the discretion of the Board, to any stallholder to expose for
sale in ' his stall fresh.flesh ineat which has been imported from Shanghai,
japan, Callada, and Australia or from such other localities as the Board
iuay froin timeto time approve ; such permission shall state the name of
the petdon to whom it is granted, the class or description of moat permitted,
and the shop or stall on which such ment is to be exposed for sale.
The stallholder, to whoin such permission has been granted shall cause
a board to be posted on his stall, in a conspicuous position, stating ill
English and Chiriese that he deals in imported meat,and stating also the place
from whence such meat was imported ; the. letters and characters of such.
notice shall be at least one and a half inches long. He shall also inake a
true return to the Board, quarterly, of the quantity of incat imported by
him, specifying whence such meat has been imported.
16. Every stallholder shall cause his stall to be properly cleansed as
often as may be necessary to maintain such stall in a ~anitary condition.
17. Every dealer in flesh meat shall thoroughly wash and cleanse all
fittings or utendils belonging thereto at least once a day.
I8 No person ' shall cletive any carcase or part of a carcase elsewhere
than upon a cleaving block or chopping board or upon the hooks provided
for the purpose.
19. Every fishmonger shall thoroughly wash and cleanse his stall and
any fittings and.utonsils belonging thereto at least twice a day.
2 0. Every.poulterer shall thoroughly cleanse his stall, pens and any
,fittings belonging thereto at least twice a day, and shall provide a supply
of fresh drinking water for any live birds that may be kept in such pens.
21. No person shall pluck or scald clean any poultry or ganle except in
.the places appropriated for the purpose.
22. Every stallholder, if called upon to do so, shall provide hiniself
,with a portable dustbin in accordance with one or other of the patterns on
view in the office of the Secretary.
23. No stallholder shall.suffer any garbage or refuse to remain on or be
under or about -his stall avid be shall keep the avenue or passage in front
thereof in a cleanly condition.
24. No person shall throw any vegetable substance, offal garbage, or
offensive matter or thing on to any market avenue or thoroughfare.
~25. No person shall wash or bathe in any fish tank or in any receptacle.
Which is used for the storage of food.
26.' Begging for aims and loitering in ally market are prohibited.
MARKETS,-Continued.
A.
MARKET REGISTER.
'Stall No .................................. Market.
Notification of infectious disease.
[21st February, 1903.]
if ally inillate of ally premises be suffering from plague, cholera,
small-pox, diphtheria, scarlet fever, typhus fever, enteric fever, relapsing
fever, para-typhold fever, cerebro-spinal fever, yellow fever, puerperal fever
or rabies,. and if such inmate be under the care of a legally qualified and
register ' bd medical practitioner, the said medical practitioner shall forthwith
furnish the Medical Officer of Health with a notification thereof in writing
stating the name of such inmate and the situation of such premises.
,Such legally qualified medical practitioner shall be entitled to receive, on
application to the Secretary, the sum of one dollar for each and every such
notification.
2. If any inmate of any premises be suflering, from plague, cholera or
small-pox, and if such inmate he tiot under the care of a legally qualified
and registered medical practitioner, the occupier ot. keeper of such premises
or part of such premises, or in default of such occupier or keeper the nearest
male adult relative, living on such premises, or in default of such relative,
Occupier, or keeper, any person in charge of or in attendance on the sick
person shall, on the nature of the disease becoming known to hini or oil
.suspicion of the existence in such inmate of any such.disease, forthwith
notify the same to the Medical Officer of Health, or the officer in charge of
the nearest police station, who shall, immediately on receipt thereof, transmit
.the information to the Medical Officer of Health.
3. NO notification which contains any false information shall be deemed
a notification as, required by, these. by-laws unless. the person notifying
proves that he believed and had reasonable grounds for believinu such false
information to be true.
As amended by G. Ns. Nos. 399 of 1913, 73 of 1918,.109 of 1920 and 340.of 1922.
NOTIFICATION OF INFECTIOUS DISEASE,- Continued.
4:. The Secretary shall upon application furnish every medical -practitioner
in the Colony and every officer in charge of a police station with the printed
forms of notification to be used.
5. All persons knowing or having reason to believe that any person has
been attacked by, or is suffering from. plague, cholera, small-pox or from
such other epidemic, endemic or contagious disease as may be from time to
time duly notified in the Gazette, shall notify the same without delay to
ally officer on duty at the nearest police station, or to seine officer of the
Department, and any such officer receiving any such notification whether
-verbal or written or discovering arty such case, shall notify the Same with
the least . possible delay to the Medical Officer of Health, and may detain
such person or remove him to a public hospital until he can be examined by
the Medical Officer of Health or by. some legally qualified and registered
inedical practitioner.
Offensive trades.
1. Offensive trade , for the purpose of these by-laws, means and
includes the trades of blood-boilina, tripe-boiling, soap-boiling tallow-
melting, bone-boiling, bone-crushing, bone-hurning, borie-stoting, rag-picking,
rag-storing, manure manufacture, blood-drying, fell-mongery, leather-dressing,
tanning, glue-making, size-inaking, gut-seraping, hair-eleaning, feather-
storing, feather-eleaning, pig-rousting, except the roasting of pigs in any
domestic building or restaurant for consumption in such domestic buildinla or
restaurant by the inmates or visitors thereof, and any other noxious or
,offensive trade, business or manufacture whatsoever.
cff
2. lt shall not be lawful to earry on any offlnsive trade in any premises
unless a licence has been issued by the Board tinder by-law No. 3 of these
bv-laws, nor unless a licence has been issued by the authority of the
dovernor in accordance with the terms of the Crown lease of the lot upon
which such Premises are situate, where such licence is required.
3.-(1) Every application for a licence shall be made in the form append-
ed to these by-laws. The *person so applying shall, if the Board approves,
receive a' licence froin the Board in the form appended to these by-laws,
. Und such person is hereinafter referred to as the licensee and shall be
responsible for the due performunee of these by-laws. Every licence shall
expire on the 31st day of Decernber avid shall he for a period not exceeding
one year.
(2) Where a licence is required under the Crown' lease of the lot upon
which the premises are situate, such licence will he indorsed on the licence
issued by the Board, and signed by the officer duly authorised for that
purpose.
4. Licences under these by-laws shall be issued only in respect of
premises that are substantially built, adequately lighted and ventilated to the
satisfaction of the Board and drained in accordance with the provisions of
the Public Health and Buildings Ordinance, 1903, and the by-laws made
As amended by G. Ns. Nos. 124 of 1917 and 343,532, 534 and 613 of 1926, and
Law Rev. Ord., 1924.
.OFFENSIVE TRADES,-continued
-thereunder. - The ground- surfaces of such premises shall be paved with
good concrete laid down at, least six inches thick and the surface thereof
shall be rendered smooth and impervious with asphalt, cement or such other
material as the Board may npprove. The interior surfaces of all walls,
which must.be substantially built of brick or stone, its well as the surfaces'of
the brick or stone supports of the pans and other utensils shall be rendered
sinooth and impervious to the height of at least seven feet from the floor
level with asphalt, cement, or such other material as tho Board inay
approve.
All such premises shall be provided to the satisfaction of the Board with
proper. an& adequate urinal and privy acconiniodat ion for the use of the
-work -people, employed therein.
5. Every licensee shall cause all materials which have been received upon
the premises where his trade is carried on and which are not inimediately
required for use, to be stored in such manner and in stich a Situation as to
prevent the emission of noxious or injurious effluvia therefroni.
6. Every licensee shall cause the internal surface of every wall upon the
premises where his trade is carried on to he thoroughly cleansed, and after
being so cleansed, to be thoroughly washed with hot limewash during the
months of January and July of ench year.
7. -Every licensee shall, at the close of every day, cause all fat, tatlow,
grease, refuse or filth which has been spilled or splashed, or has fallen or
been deposited upon any floor, pavement, or wall upon the premises where
his trade is carried on to be collected therefrom by scraping or some other
effectual means of eleansing and, unless it is intended to be subjected to
further trade processes oil the premises, forthwith removed froin the
premises. All apparatus must he kept in a cleanly and wholesome
condition.
8. Every licensee shall cause every part of the internal surface of the
walls and every floor or pavement upon the premises where his trade is
carri6d.on to be kept at all times in good order and repair so as to prevent
the absorption thercin of any liquid filth, or refuse, or any noxious or
injurious matter which may be splashed or may fall or be deposited thereon.
9. Every licensee sh all adopt the best practicable means of rendering
innocuous all vapours or dust emitted during the process of manufacture
upon the premises where his trade.is carried on.
he shall in every case where boiling is a necessary part of the process of
manufadture either cause the vapour to be discharged into, the external air
in such a manner and at such a height as to admit of the diffusion of the
vapour without noxious or injurious effects, or be shall cause the vapour to
pas.s),directly from the pan or press through a fire, or into a suitable con-
(leasing apparatus and then through a fire in such a manner as effectually
to consume the vapour or to deprive the same. of all noxious or injurious
properties.
10. No persons (otherthan two caretakers in respect of each block of
buildings) shall be allowed.to pass the night in any of the rooms used as work
rooms unless actually engaged in carrying on works connected with the trade.
OFFENSIVE TRADES,-Continued
11.' Every licensee shall cause every drain or means of drainage upon or
in connexion with the premises where his trade is carried on to be maintained
at all times in good order and efficient action. Re shail, where it is in the
opinion of the Board necessary so to do, provide the drains on his premises
with the appliance known as a grease-trap and shall not pass or pernlit to
be passed ally hot liquid refuse (i.e., above 100' Fabr.) into the drains
or sewers.
12. Every licensee shall, at all times, afford free access to every part of
the said premises to any member of the Board, or officer of the Department.
13. No person under the age of tell years shall he permitted upon any
premises Lised for the trade of rag-picking, rng-storing, hair-eleaning, feather-
storing or feather-eleanin't,
14. The Board may require the adoption of such special weasures and
appliances as may seem to them to be necessary in the case of dusty offensive
trades for mitigating as far as possible the danger and nuisance arising frotn
the dissemination of dust throuch the atmosphere of the prernises, and in the
case of the trade of rag-picking, rag-storing, hair-eleaning., feather-storing or
feather-eleaning, for disinfecting the promises and the materials used and
for the destru tion of vermin therein.
15. The licensee shall cause a duly authenticated copy of these by-laws
in English and Chinesc to be liting up in a conspicuous position in his
premises.
Form of applicalion.
I, the undersigned, hereby notify th c Sanitary Board Llial 1 propose to
commence/continue the business of all offensive trade namely
on the premises known as No. Strect,
floor, Lot No. ' and 1 beg leave to
request that the.said premises may be duly registered for such purpose.
..................
Signatare ofapplicant
Form oflicence.
is hereby authorised by the Sanitary.Board to carry
on Ahe trade of . at the premises known as Lot No.
during the year 19
Pated this day of ..19
................ .
Secrelary of the Board,
Overcrowding.
The Medical Officer of Health, or such other officer as the Board may
appoint for this purpose, shall, within such limits as the Board may
from time to time define, cause to be measured the floor area and cubic
capacity of all domestic buildings or parts thereof, and shall cause to he
calculated tlic number of occupants that may lawfully pass the night in such
buildings or any parts thereof in accordance with the provisions of the Public
Health and Buildings Ordinance, 1903, 'and shall cause such number in Eng-
lish and Chinese to be fixed to such buildings or parts thereof in such rnan-
ner as the Board may from time to tinie direct,
Prevention and mitigation of epidemic, endemic,
contagious or infectious disease.
1. The Board may at any time with a view to the prevention or mitiga-
tion of any epidemic, endemic, conta gious or infectious disease direct that a
periodical, cleansing shall be made of all the premises in any district or
districts. in which the Board may consider such cleansing necessary. Stich
periodical cleansing shallbe carried out either by the staff of the Depart-
ment or by the inmates under the supervision of an officer of the Department
to the satisfaction of.tbe Medical Officer of lgealth or of such other Gfficer
as way be appointed for that purpose by the Board, and due notice of such
cleansing shall be given to the inmates of such prernises and such inmates
may' have all the furniture and goods removed from such premises.
All care Aiall be taken to prevent unnecessary interference with business
and the cleansing shall be discontinued if the weather is unfavourable or
carried out in such.a way as shall not expose the inmates and their ellects
and furniture to the weather.
2. The Board may declare any epidemic, endemic, contagious or infectious
disease to exist in any district or districts, and may direct that in such district
,or districts or any portion thereof a special general claeaning and disin-
fection of. the preinises shall be carried out under the direction of any officer
of the Department and to the satisfaction of the -Medical Officer of Health.
Such cleansing and dibinfection way include the removal or destruction or
both of any lath and plaster or other hollow partition wall, or any partition,
screen, panelling, wainscotting, skirting, stairlining, ceiling or other similar
structure or any fittings or any portion of such wall, structure or fitting, if
in the opinion of the Medical Officer of Health such removal and destruction
are necess ary. Compensation for such removal or destruction shall be given
by the Board unless it is proved on behalf of the Board that the wall,
structure or fittin, removed or destroyed bad been unlawfully -erected or
maintained. Such, compensation shall be calculated so as to cover the cost,
of making good the portions of the building damaged by. such removal,
iricluding,the Kinewashing of any exposed surface and the rebuilding of any
necesary wall limaterials approved by the Board, but no compensation
shall, be payable for any loss of rent or deterioration in the value of the prop-
erty occasioned: or alleged, to be occasioned by the operation of there
As amended by Law Rev. Ord., 1924
As amended by 9. N. No. 335 of 1914 and Law Rev. Ord., 1924,
PREYFNTION AND MITIGATION OP,,LPIDEMIC, ENDEMIC, CONTAGIOUS
OR INFECTIOUS DISEASE,-Continued
by-laws. In any case in. which ;the aniount claimed for compensation
exceeds,two.hundred and fifty dollars, an appeal shall lie from the decision
of the Board: as to the ainount of the compensation to the Governor in
.Council whose decision' thereon shall. be.final and iconclusive : Provided.
however that no such appeal shall lie unless notice thereof shall have been
given to: the- Clerk. of Councils within fourteen days from the date upon
which 'the appellant shall have been notified by tIbe Board of any such
decisiowas aforesaid.
The Board shall decide in each case whether the 'compensation, if any,
is * to be paid,- to theowner or to the occupier, and payment in accordance
with the decislocof the Board shall bar any further clairn'to compensation
by owner or occupier : . Provided ihat nothing in these by-laws shall afFeet
the rights of the owners or occupiers inter se as to the ultimate apportion-
metn of any compensatiion awarded.
The povision of this by-law shall apply to the premises in any district in,
respect of which a special general Pleansing and. disinfection has been
directed by the, Board since'the 31st day. of March, 19 12, or shall bereaf ter
be directed
3.` ' Any -building or part of any building certified in writing by the
Medical Officer of Health or by any legally qualified and registered inedicaL
practitioner to be unfit for human habitation, though the saine may have
been cleansed' and disinfected as provided for in by-law' No. 2 of these
by-law, may'be closed by order of the'Board until such time'as the Board,
shall be' satisfied that the said preinises have been tendered fit for hunlan
habitation, and the occupants of the said premises may be removed after
forty-eight hours notice has been. given to -the householder or occupier to
yae,ate,,the premises the service df a notice duly signed by the Secretary
or by t.lie posting pf such notice upon any portion Of the premises. In no,
case shall such premises be re-oecapied except under the certificate of the
Board signed by the Secretary that such premises are fit for; human
habitatioin. Subject to the approval of the Governor, the Board may, when
necessary, erect inatsheds or hire buildings or charter vessels for tile accom-
modatiou'of tile persons removed.
.4. In any district in which tbe Board has declared ally epidemic, endemic,
contagious or infectious disease to exist, the Board rnay order all public.
latrines,' their receptacles and the contetits thereof to be treated with'
disinfectants or other materials as the Board may direct and in such manner
as the Board ''may'deem. expedient.
For * the' purpose of these by-laws any member of the Board or officer'
of .he Department. may enter premises Without notice between 8 a.m. and*
6 p.m.
6.- In these by-laws, .Medical Officer of Health includes any Assisstant
medical Officer of Health.
PREVENTION AND MITIGATIONOF EPIDEMIC, ENDEMI, CONTAGIOUS
OR INFECTIOUS DISEASE, - Continued.
7. No ceiling shall hereafter be erected in any buildign outside the
European Reservation and the Hill District unless the consent of the
Building Authourity Ordinance, 1903, and unless the followin conditions
Health and Buildigns Ordinance, 1903, and unless the following conditions
are complied with:-
(a) The ceiling must be immediately under a pitched roof supported by
trusses with no storey, floor, mazzanine floor or cockloft above the ceiling
(b) The ceiling sahll be contructed of tongued and groved boarding
or of rebated boarding and shall be supported by substantial timber bearers
(c) The ceiling shall have one opening only, of an area of not less than
two feet by one foot and six inches int he clear, placed in such a postition
as to afford ready access to the space between the roof and the ceiling, and
such opening shall be fitted with a hinged and closely fitting tratp-door.
8 Every ceiling shall be maintained at all times in a thorrughly sound
and clean conditiion.
Preventioon of hte dissemination of plague by rats.
In these by-laws, ship means any description of vessel used in naviga-
tion nto propelled by oars, excett junks or lorchas nto propelled by steam
and except launches playing within the waters of the Colony.
To prevent rates on board ship coming on shore, and the shore rats form
gettingon board ship:-
1 All cables, hawsers, and ropes used for mooring ships alongside any
wharf, or passing between the ship and the shore, and all shores used for
securing ships in dock, must (when such shores are within a distance of
twelve inches form any open port or other opening in the ship's side or
within twelve inches of the gunwale or rail) have fastened on them a
funnel-shaped appliance consisting of a tube of iro or other metal about
two feet in length, with a trumpet-like flange. This trumpet-like flange
must be double, in order to prevent the rats form passing either way along
the cable, and each flange must extend at least eight inches clear of the
rope or cable. The rope or cable must be passed therugh the tube and the
intervening space filled up.
PREVENTION OP'THE DISSEMINATION OF PLAGUE BY RATS.- Continued.
2. All openings through which ropes pass from the ship to the wharf, or.
shore, must be stopped up, and all. such ropes must be daily- tarred to &
.distance:of six feet from the ship and the shore respectively.
3 Brows or gaugways for car'oo are to be disconnected from the ship
while cargo is--- not being worked overthem ; all other brows or gangways
must also be kept disconnected between sunset and sunrise, except when
required.to be used by persons coming on board or leaving: the ship.
4. From sunset to sunrise, a bright light must be kept burning at each
end of, every brow or gangway, so, long as it connects the ship with the
.shore or wharf.
..Prevention of the dissemination of disease
by mosquitoes.
When Ia'rvaa of mosquitoes are found on any'premises, the Board may, on
the advice of the Medical Officer of Health or any Assistant Medical Officer
of Health, give notice to the owner or occupier of such premises to remove
all accumulations of water from such premises or to take steps to prevent the
recurrence of the breeding of mosquitoes in any such 'accumulations of
.water,' and such owDer or occupier shall comply with such notice Forth with.
Removal'of ceilings and stairlinings.
1 If in the opinionof the Board any area or block or blocks of buildings
is or are specially liable to ecnourage the spread of epidemic, endemic,
infectious or contagious diseaso, the Board may, subject to the approval of
the Governor in Council, with a view to.the prevention as ~far as possible
of 'snchd.isdase, and whether any. such disease exists within. such area, block
or.blocki of, buildings or not. declare that such area. block or blocks is or
are subject to the provisios of these by-laws, and a notification of. such
dbeigratibn shall be published in the. Gazette, and notice of such, declaration
shall be posted in a conspicuous position in English and Chinese upon each
building in.the area, bloek,or blocks i affected by sue ' lideclaration, and such
notice shall be* served on each owner of the property aflected in manner
provided.by section 37 of, ihe Public Health and Buildings Ordinance, l903~
2. Within a period of one month from the date of the publication in the
Gazette of the declaration as aforesaid, the owner of every part of every
building aflected by the declaration shall (unless exemption has been
.granted in manner hereafter mentioned) remove from such building every
ceiling and every lath and plaster or other hollow partition wall, and every
hollow partition, screen, panolling, wainscotting, stairlininc, and other
similar structure or fitting, and every skirting not constructed in accordance
with section 120 of the Public Health and Buildings Ordinance, 1903.
3. The Board may, on the application of the owner or occupier of any
building affe~ted by any such declaration as aforesaid, grant to such owner
.or' occupier ekemptiou from compliance.with all or any of the provisions of
by-law No. 2 of these by-laws if in: the opinion of the Board. the grantin
of Such exemption will not be prejudicial to the public health.
As amended by Law Rev. Ord., 1924.
REMOVAL. OF CEILINGS AND STAIRLININGS,-Continued
4 if no such exemption as aforesaid has been gritnted, and the owner
makes default in complying with the provisions of by-law No. 2
of these by-laws within the prescribed period of one month, any
officer of.the Department, who has been authorised by,the Head of the
Deparatment to.carry out these by-laws, way enter: the. premises in respect
of whcih default has made, and may with such assistance,as may be
necessary remove the ' ceilings, walls and other structures and fittings -to
which by-law No. 2 of. these by-laws applies.
5 The Board shall pay to the,owner or'oeeupier of any premises affected
by these by-laws compensation, to be, fixed by the Board, for the remova.1
of every 'Ceiling, wall and other structure and fitting removed under these
by-la * ws,!uuless it.is proved,on behalf.of the Board that the ceiling, wall,
structure'. or fitting.---removedhad ... been unlawfully erected or maintained in
eo,ljt.raveniipn.of the.Publie, Health and Buildings Ordinance, 1903. Such
compensation shall be.. calculated so. ifs 'to cover the cost of making., good
the portions of the.building damaged by such removal., includingAhe lime-
washing of any exposed surface and the rebuilding' of any. necessary wall
in materials approved by the Board, but no compensation shall, be payable
for any loss of rent or, deterioration. in the value of the property occasioned
or alleged to be occasioned by the operation of these by-laws. In any case
in which the amodut claimed for compensation exceeds two hundred and
fifty dollarst, an, appeal shall lie from the decision of the Board as to the
amount of the compensation to the Governor in Council whose decision
thereon 'shall be final, and conclusive : Frovided however that no such
appeal`shall lie unless notice thereof shall have been given to the Clerk of
Councils withinlourteen days from the date upon which the appellant shall
have,been ~notified.by,,the Board.of any such decision as aforesaid.
6 The Board shall decide. in.each case whether the compensation, if any,
is.to b'e~pdid to the owfier-or, to.. the occupier, and payment in accordance
with the of theBoard shall bar any further claim to compenstion
by owner or occupier Provided that nothing in these by-laws shall affect
the rights ~ of the owners or occupiers inter se as to the ultimate apportion-
ment of any compensation awarded.
Removal of patients.
-1. No person suffering from'epidemic endemic, contagious or infectious
disease shall be removed elsewhere than to a hospital or other suitable place
provided.by, the Government for the purpose or approved by the Board.
2 No.removal whatever. shall take place except under the order of a
legally qualified and' registered medical practitioner and then only in 'such
manriei and with such, precautions as the Medical Officer of Health.may
deem. necessary.
3 The Medical,Officer of:Health may,' with the consent of the person to
be removed, or of his or her &rents or guardians in the case of minors,
remove any. person suffering from epidemic,, endemic, contagious or infec-
tious disease in any case where he deems it advisable so to do in the
interests of punlic health.
As amended by G. Ns: Nos. 74 of 1918,110 of 1920 and 331 of 1923, and Law
Bey.~Ord~ J924.-,
REmovAL OF PATIENTS,-Continued
4. In every case where it person is rcinoved by order of a magistrate
under section 87 of the Public Health and Buildinus Ordinance, 1903, or
ituder the provisions of by-law No. 3 of these by-laws, the Medical Officer
of Health shall take such measures as he may deem necessary for the safe
and conveifient, removal of the said person ; and no fee shall be charged for
the removal of any such patient to a placc provided by the Government for
the purpose.
5. Where aily legally qualified and registered inedical practitioner desires
exemption from the said section 87 on the groinuls that in his opinion the
patient is too in to be removed or is properly lodged and accommodated,
he shall certify to that effect by indorsement on the notification of infectious
disease ; and where such certificate is indorsed but, nevertheless, the
Medical Officer of Health is of opinion that such exemption endanger
the public health, he shall before applying` to a Magistrate for order for
removal, obtain the consent of the Board or any committee of the Board
appointed on that behalf.
6. The Board by officers of the Department inay remove or cause to be
removed for burial or creination all bodies of persons who have (lied front
any epidemic, endemic, contagious or infectious disease, and may bury or
cremate er cause the same to be buried or croinated.in accordance with the
custom of the race to which the deceased belonged it) such place. and in
such manner and with such precautions as the Board may direct, and
no person, unless acting under the written sanction or direction of the
Secretary of the Board or of the Medical Officer of Health to bury or cremate,
shall remove or bury or cremate any such bodies. -
7. For the Purpose of these by-laws, epidemic, endernic, contagious or
.infectious . disease means plague, cliolera, srnall-pox, diphtheria, scarlet
fever,. typhus fever, enteric fever, puerperal fever, relapsing fever, para-
typhoid fever, cerebro-spinal fever and yellow fever, and m edical Officer of
Health includes any Assistant Medical Officer of Health.
Scavenging and conservancy.
1-(1) The Head of the Department shall employ contractors for the
general surface scavenging of the following districts
(d) The City of Victoria.
(b) The Hill District.
(c) The Villages of Shaukiwan, Shaukiwan West, Sai wan Ho, Mono,
.Kok Tsui, Quarry Bay, Tsat Tsz Mui, Chuen Lung Ma Shau Ra, Fo Tail
Fat, Tsing Shui IVIa Tail, A Kun- N-am, Aberdeen, Aplichau, Staidey
and Taitam.
(d) Such portions of Kowloon (including.New Kowloon) as. are Situated
to the south of a line drawn from a point on the sea-shore north of the
villaue of Ma Lung Kung to a point south of the village of Kak Hang and
thence in a soth-easterly -eas terly direction to the sea-shore, as shown on a plan
deposited at the Sanitary Board Offices and dated the 17th day of May, 1910.
Such contractors are hereinafter referred to as seavenging contractors.
As alnended by G.N. No. 71 of lt)l~ zLrid Loy Rev. (IKI., 1924.
SCAVENGING, AND CONSERVANCY,-Continued
(2) The Head of the Department shall also employ contractors for. the
removal of exeretlit matters f rom the following buildings
a) A, buildings in the Hill District.
b) All Government buildings (including Government latrifics) and all
privately owned public latrines in the following districts:-
(i) The City of Victoria, Wong Nei Cliting Village and Poad (South of
City boundaries), Tai Hang Village, Sookimpoo Valley, Tung Lo
Whitfield, and Shaukiwan Road front City boundary to Joint Cable Houtses.
(ii) The villages of Shaukiwan, shaukiwan West, Sai Wan Ho, Mong
Kok tsui, Quarry Bay, Tsat Tsz Mui, Shaukiwan Road (East of Joint
Cable Houses), Cheun Lung, Ma Shan Ha, Fo Tau Fat, Tsing Shui Ma
Tau, a Kung Ngam, Aberdeen, Aplichan, Stanley, and Taitam.
(iii) Such portions of Kowloon (including New Kowloon) as are situated
to the south of a line drawn from a point on the seft-shore north of the
village of Alalun- Kung to a point south of the village of Kuk Hang and
thence iw a south-easterly direction to the sca-shore, as shown oil a plan
deposited at the Sanitary Board Offices and dated the llth day of May,
1910.
Such contractors are hereinafter referred. to its conservancy contractors.
(3).The terms and conditions of th.e contracts shall be settled by, the
Board subject to the approval of the.Governor.
2; The servants of the contractors ,hall, while at work, wear such
distinguishing badge as shall froidtime to time he directed by the Board.
3.-(1) The occupier of,uily Premises Which aro situated within any of
the districts specified.in yy-law No. 1 (2)(b)of these by-daws, or if thore he
no occupier, the owner of immediate landlord, shal unless such premises
are a Goverlin ' tent Imilding ot. a privately owned publie latrine, make due
provision 1 for the daily removul of. all excretal inatters fron) such premises
to the conservancy boat at the tiettrest Conservancy Boat Slation and for
the delivery thereof' to the servants of the conservancy coiltractor at such
station, and shall not dispose of any such excretl matters in any other
2)-(a) The occupier of every privately owned public latrine which is
situated ..within tliny of the districts specified in by-law No. 1 (2) (b) of
these , by-laws shall provide not less than one bucket per seat for the
storage, of., excretal matters in rough weather, and for the removal of
excretal matters by the conservancy contractor. Such buckets shall be.of
a pattern approved by the Board.
..(b) The occupier of every privately owned public )atrine which is situated
,within tiny of the'districts specified in by-law No. 1 (2) (b) of these by-laws,
shall allow the 'conservancy contractor for that district to remove all
excretal matters from such. Iatrine, and Aiall pay to such conservancy
contractor for the removeal of the excretal tnatters from the latrine to Kwai
Chung Bay at the of ten cents pet. picul of nightsoil (tai fo) awl five*
cent,s per pical of urine (shui fo)
SOAVFNGING AND CONSERVANCY,-Continued
(c) The occupier of every privately owned public. Iatrine which is situated
within any of the districts in by-law No. 1 (2) (b) of these by-laws shall
make due provision for the reception of such excretal matters at the con-
servancy boats anchorage in Kwai Chung Bay.
(d) No excretal matters shall be removed from, any privately owned
public Iatrine which is situated within any of the districts specified in by-
law.No. 1 (2) (b) of these by-laws except by the conservancy contractor
for that district.
4. All conservancy boats, thar. is to say, all vessels used for the convey-
ance of excretal matters whether in the employ of the contractors or privately
owned, shall be registered annually at, the offices of the Board and no vessel
not so registered shall convey excretal matters.
5.-(a) All conservancy boats shall be completely decked and provided
with. closely fitting hatches and shall at all times be kept in a thorough
state of repair and in a seaworthy and cleanly condition to the satisfaction
,of the Board.
(b) The decks of every conservancy boat shall be washed down immedi-
ately after the transhipment of any excretal matters.
(c) No conservancy boat shall be loaded above the under side of the
hatch coaming.
,(d) No conservancy boat Rhall enter the waters of the Colony except with
its holds clean and its bilges. pumped dry.
6 All conservancy boats shall fly such distinguishing fla- as shall from
time to thile be.directed by the Board.
No conservancy boat shall, unless otherwise provided for tinder the
terms of the contracts for The time being in force, anchor or lip. at any place
within the waters of the Colony other than the conservancy boats anchorage
in Kwai Chung Bay.
8. The occupier of any pren-lises situate within any of the districts speci-
fied in by-law No. 1 (1) (a) (c) (d) ofthese by-laws, or, if therebe no t~eezipipr,
the owner or the immediate landlord, shall make due provision for the daily
removal from his premises of all ashes, domestic waste, refuse and other
objectionable matters to the dust carts, dust baskets, dustbins or dust bnats
provided by the Board, or by the scavenging contractors.
9. The occupier of any premises which are situated within any of the
districts, specified in by-law No. 1 (1) of these by-laws shall provide him-
self with a strong substantial movable dustbin constructed of impervious
materials with closely fitting cover to the satisfaction of the Board and
slifficient for the reception of the day's house-refuse.
.10.. The occupier of an.y premises upon which any water closet or urinal
has been or hereafter shall be constructed, or, if there be no occupier, the
owner or immediate landlord, shall provide a constant and adequate supply
qf water, stored,in accordance with the Drainage Regulations from time to
time in force, for the flushin- of every such water. closet and urinal and
shall maintain every such water closet and urinal in a thoroughly efficient
and cleanly condition.
SCAVENGING AND CONSERVANCY,-Continued
1L- No excretal matters shall be placed in or upon or conveyed along. or
across -1ny street or open space situated within any of thedistricts specified
in by-law No. 1 (1) oftliese by-laws except between midnight . and 6 a.m.
and except.in strong. substantial buckets with closely, fitting.covers, and
of such pattern as may from time to.time be approvedby the Board.
12. No pigwash shall be placed.iu or upon or conveyed along. or across
any street' or open space situated within any of the districts. specified in
by-law No. 1 (1) ofthese by-laws except between midnicht and 9 a.m. and
ex.cept.i.u'strong substantial buckets with closely fitting covers, and of
such pattern as may form time to time be approved by the Board ; and no
suell.pigwash shall be conveyed in any boat or vessel except in such buckets
as aforesaid or if in bulk in water-tihgt tarred holds with closely fittin
hatches. Pigwash if not placed in such a boat, or vessel, must be conveyed
direct to a'lic`ensed pigsty.
13..--w(a) No excretal matters or pigwash shall be emptied, discharged,
deposited 'or placed in, or conveyed to, over, or upon any gully, drain, sewer
or any inlet thereto.
(b) No excretal matters removed from any premi ses situated -Within the
districts specified in by-law No. 1 (2) of these by-laws shall be emptied,
dischargeT ddl)-,sited or placed in or coriveVed to any place other than the
conservancy bouts provided for that purpose.
(c) No excretal, matters shall be brought froin any premises or place
situated outside the districts specified in by-law. 1 (2) of these by-laws
to any premises or place situated within the said districts.,
(d) No pigwash shall after removal from. any premises be emptied,
discharged' deposited or placed in or conveyed to any place except a
licensed pigsty.
14 Excretal matters which have been placed in a conservancy boat
shall not be landed at any place within the Colony including New Kowloon
but excluding the rest of the New Territories.
15. In these by-laws, excretal matters shall include nightsoil and
urine.
Slaughter-houses.
PART I.
Slaughter-houses at Shamshuipo, Shaukiwan and Aberdeen.
The respective lessees. of the privilege of slaughtering swine in the
slaughter-houses at Shamshuipo, Shaukiwan and Aberdeen. shall provide
all persons necessary for the purpose of slaughtering such animals and
dressing the carcases thereof, together with a sufficient supply of hot
water, and' shall h*ave the same in readiness at all times for the persons
makling use of the slaughter-houses,..
As amended by G.X No, 79 of 1922 and Law Rev. Ord., 1924.
SLAUGHTER-HOUSE,-continued.
2. Each of the said lessees shall at all times allow anv person to
.slaughter any such animal or dress any carcase for sale on pay ment to him
of a fee not exceeding thirty cent., for each animal beside~ the blood of
such animal which the lessee may retain.
[3, rep. Government Notification No. 61 of 1910.]
4. Each slaughter-house shall be provided with a hanging shed in
.which the carcase of every animal slaughtered shall be hung. as soon as it
is dressed. Suell. carcases shall continue hanging. in such s'h'ed until thev
are removed to the markets, which removal shall be by means of* a wileelea
and covered vehicle or in a boat in. either of which the carcases shall be
hung.
~ 5. Each of the said lessees shall cause tile nicans of ventilation aild
drainage provided in or in connexion with his slanghtcr-liouses to be kept,
.at all times, in proper and eflicient action.
6. Each of the said lessees shall cause the means of* Ivater supply
provided in or in connexion with his slaughter-houses to be kept, at all
times, in proper order.
7. Each of the said lessees shall provide a sufficient number of vessels,
.or receptacles, properly constructed of' come non-absorbent material, and
furnished with closely fittiDg covers ' for the purpose of receivino. and
conveying formhis slaughter-houses al blood, manure, garbage, filth, or
other refuse products of the slaughtering ofsuch animal for the dressing of
any carcase therein. He shall flortliwith upon the completion of---the
slau-htering ofsuch animal or the dressing of* any carcase in the slaughter-
houses cause such blood, manure garbn-e filth, or other refuse products
to be collected and deposite in such vessels or an carcase int eh slaughter
,cause all the contents of' such vessels or receptacles to be removed from
-the, slaughter-houses at least once in every twenty-four hours. He shall
cause ov . ery such, vesel or receptacle to bc thoroughly, cleansed ininiediately
after. it. shall have been used for such collection and removal, and shah
cause every such vessel or recepiacle when not in actual lise to bc kept
thoroughly clean.
8. Each of'. the said lessees shall provide the proper instruments,
appliances, and utensils, required flor the purpose of' slaughtering and he
shall cause all such articles to be thoroughly cleansed immediately after
the conletion of' the process of slaughtering in which they have been
,used, an he shall also cause every sudll utensil when not in actual use to
be kept thoroughly clean.
9. Each, of the' said lessees shall cause every. part of* the internal surface
of the walls and every part of the floor of )lis slaughter-houses. to be kept,
at all times, in good order and repair,. so as to prevent the absorption
therein, of auv, blood or liquid refuse or filth which may be spilled or
splashed thereon, or any offensive or noxious matter which inay be
deposited thereon or rought in contact therewith. He shall cause e'very
part ofthe internal surlhee of the' slaughter- houses above the floor to be
either thoroughly washed with hot limewash or tarred, at least four Clues
in every year. He shall cause every.part of the floors of his slaughter-
SLAUGHTF R-HO USES -Continued
houses, and every part of the internal surface of every yvall on which ally
blood or liquid refuse or filth may.have been spillea or splashed, or widl
which any offensive or.noxious matter may have been brouhgt in contact
during. the process ofslaughtering or dressing in such slaughter-houses, to
be thoroughly washed and cleansed within three hours after the completion
of such slaughtering or dressing.
10 The owner of tiny animal that is slaughtered shall cause the. hide or
skin, fat, and offial of such animal to be removed. from the slaughter- houses
within twenty-four hours after the completion of the slaughtering of such
animal.
11. None of the lessees shall at any, time. keep any dog or cause or stiffer
any dog* to be kept in his slaughter-houses. He shall not at any time keep,
or cause ' or suffer to be kept in any ofthe slaughter-houses any such ani-
inal of which the flesh may be used for the food of man, unless such animal
be so kept in preparation for the slaughtering thereof upon the premises
and he shall ' not keep such animal or cause or suffer.such animal to be kept
in any of the slaughter-houses for a long.cr period than inay be necessary
for the purpose of preptsring. such aniinal for the process of
He shall cause. animals kept in preparation f`or slaughtering- to he corifined
in the stalls, pens, or lairs providell on the premises for this purpose.
12. Each of the said lessees shall cause every animal bromAit to his
slaughter-houses, and. confined in any stall, pen, ot. lair upon the premises
previous to being slaughtered, to be provided durino. such confinement with
a sufficient quantity of wholesome water.
13. Swine confined in tbe stalls, lairs, or pens attached to the slaughter-
houses shall bave at least-the following space allotted to them, viz.
Every pig..........4 superficial feet.
14. IN o, person shall convey or cause to be conveyed or attempt to couvey
any dead animal into any ofthe slaughter-liouses for any purpose whatso-
ever.
PART II
Slaughter-houses in the City of Victoris and at Ma Tau Kok.
1 Each slaughter-house shall be provided with a hanging shed, in whcih
the,carcase of every animal. slaughtered shall be hung as soon as it is
dressed. Such carcases shall continue hancing in such shed until they are
removed to the markets, which removal shall be by ineans ofa, wheeled and
covered vehicle or in a boat either of whichthe carcases shall he
2,, The lessee of' the privilege of collecting blood and hair shall forthwith
upoll tile completion of' the slaughtering of any aninial ot. the dressing of'
any carcase, cause such blood and hair to'.be collected and deposited
in a sufficient number of receptacles, properly constructed of' non-absorbent
material and furnished with closely fittIng covers, aud lie shall cause the
contents of such receptacles to be removed from Gic slaughter-house at
S LAUGH TE R- HO US ES,- Continued.
least once in every twenty-four hours. He shall cause every such recel)-
tacle to be thoroughly cleansed immediately after it shall have been used
for such collection and removal, and shall cause every such receptacle when
not in actual use to be kept thoroughly clean.
3. The owner of any animal to be slaughtered shall provide the proper
instruments, appliances and utensils required for such purpose, and sliall
cause such articles to bp thoroughly cleansed immediately after the comple-
tion of the process of' slaughtering in which. they have been used, and shall
cause every such article when not in actual use to be kept thoroughly clean.
1. The owner of any animal that is slaughtered shall cause the bide or
skin, fat and offal of such animal to be removed from the slaughter-house
within twenty-Ibur hours ifter the completion of the slaughtering of such
animal.
5. The owner of any animal shall not keep such aninial in any
slaughter-house for a longer period than twelve hours.
6. No person shall coijvey or cause to be conveyed or attempt to convey
any,dbad'aniinal into any of the slaughter-houses for any purpose whatsoever.
7.' Fees in accordance with the following scale shall be paid by the
owner of any aiuimal to be slaughtered :-
Cattle ( including calves) 40 cents per head.
Sheep and goats .......20 ,
m >I PP
Swine .................30 P2 P7 IP
The' fee shall in all cases be payable on admission to the slaugliter-house.
PART III.
Slaughter of uninials.
All animals killed for food in a Government slaughter-house shall be
killed in the following manner :- - 1 .
1. All cattle (except buffaloes'l shall he killed with a pole axe of a
pattern to be approved by the Colonial Veterinary Surgeon.
.2. All buffaloes shall te killed with a rifle of a size and pattern to be
appro ' ved by the Colonial Veterinary Surgeon. All rifles used for this
purpose shall be kept by the inspector in charge of each slaughter-house
and used by him alone.
3. All sheep, goats,.nnd Swine shall.be killed with a knife. in the usual
manner except in the case of pigs which, in the opinion of the inspector
in charge of' the slaughter-house are too large to he killed in this way.
Such pigs shall he killed in the same. manner as cattle : Provided ulsva)S
that nothing in this by-law shall affect Jews, Alahoinedans or other
peoples holding religious beliefs which compel them to kill animals for
food in a particular manner.
SLAUGHTER-HOUSE,-Continued
PART IV
Maintenance of order in slaughter-houses.
In theis part,
(a) Officer in charge means the person appointed by the Head of the
Department to superintedn and have the care fo the slaughter-houses or
any one of them or any part thereof.
(b) The slaughter-houses means the slaughter-hooses provided by
the Government.
1 No person not being an officer or servant of the Department shall
enter or remain inthe slaughter-houses except foar the purpose of
slaughtering or of supplying food or water to any animal therin or of
preparign any carcase for sale, or otherwise for some lawful purpose
connected with the slaughter-houses.
2 No person shall usein the slaughter-houses any malt or spirtiuous
langage, or enter or remain therein in a state of intoxicatio.
3 No person shall bring itno the slaughter-houses any malt or spirtuous
liquor or any drug of any nature whatsoever.
4 Every person who may desire to use the slaughter-houses for the
purpose of slaughtering shall make application, in writing to the officer
in charge, and permissionto use the slaughte-husers shallbe give to
the several persons applying in the order in whcih such applications
are received.
5 Every perosn using the slaughter-houses shal obey all reasonable
orders given to him by the officer in charge, and shall conduct himself in
a quiet and orderly manner therein.
6. No person shall obstructor hinder any other erson in the proper
use of the slaughter-houses, or of any utensil, article, gear or apparatus
provided by theDepartment or by officer in charge for use therein.
7 No person shall by any disorderyly or improper conduct, disturb or
interrupt any other person in the proper use of the slaughter-houses,or of
any utensil, aarticle, gear,or apparatus provided by theDepartment or by
the officer incharge for use therin.
8 The slaughter-houses shall for the purpose of he adimission of
animals be open at such hours as may be fixed by the Colonia Veterinary
Surgeon with the approval of the Head of the Department.
9 Whenevr in the opinion of he Headj of the Department it is
expedient for its maintenance or preservation to close anypart of any
slaughter-houses, he shall cause a notice in that behalf tobe posted in
some conspicuous part of such slaughter-house specifying thepart that is
closed, and no person shal slaughter-house specifyingthat part that is
further notice has been published and posted as aforesaid notifying the
re-opening of such part.
SLAUGHTER-HOUSES,-Continued.
10 No person shallbring itno the slaughtr-houses any animal whcih
is not intended for food of amn, and in particular shall nto bring any dog
into the slaughter-houses.
11 Every prson desiring to bring an animal into the slaughter-houses
shall apply to the officer inc harge to inspect and pass such animal, an no
person shall bring or cause to be brought or attempt to bring into the
slaughter-huses any animal whcih has nt beenduly inspected and passed
by the officer in charge.
12 Every person being the owner, and everyperson for the time beign in
charge, or any animal whcih, after admissiion to the slsaughter-houses, shall
in the opinionof the officer in charge be unfit for slaughtering, shall
remove such animal to such place as the officer i charge may direcrt and
shall deal with such animal in such manner as the Cjolonial Veterinary
Surgeon may direct.
13 Every person who brings or causes to be brought into the
slaughter-houses any beast, shall cause such beast to be securely tied to
the tying irons in abyre assigned for the purpose; and
Every personwho brings or causes to be brought into the slaughter-
houses anysheep, lamb, or goat shall causse such sheep, lamb, or gorat ot
be prperly penned in a lair assigned for the purpose; and
Every prson sho brings or causes to be brought into the slaughter-
houses anypig shall cause such pig to be prperly secured in a piggery
assigned for the purpose.
14 No person shall cause or suffer any animal whcih shall have been
brought into the slauhter-houses for the purpose of being slaughtered to
be taken out alive except with the written permission of the officer in
charge.
15 No person shall slaughter any animal in such a situatin as will
intrefere with the slaughtering of any beast.
16. No persoon sshal slaughter,or attempt ot slaughter, any animal in
any part of the slaughter-houses except in such part as shall be form time
to time assigned by the Colonial Veterinary surgeon for the slaughter of
animals of the same class or kind.
17 If any difference or dispute shal arise between anypersons using
the slaughte-houses regardign any questionof priority of right ot use
any part of the slaughtre-houses, or any utensil, aticle, gear, or apparatus
therin, such difference or dispute shallbe referred to the officer in charge
and the decision of the officer in charge shall be final and shall be obeyed
by such persons.
18 Every person who shall slaughter or assit i the sloughtering of
any animal shal adopt suhc methods fo slauhtering as may be prescribed
by by-laws, and in the absence of by-laws such methods as may be pre-
scribed by the Colonial Veterinary Surgeon, and shll take all such
precautions as may be requiste to secure the inflicationof as lttle pain as
possible.
SLAUGHTER HOUSES, Continued
19. No person resortin.. to the slaughter-houses in charge of ans- cart or
other vehicle shall station such cart or veldele in the wlaughter-houses ol.
in ai)y private road givino. access thereto in such manner as to hinder any
animals or any other cart or vehicle in arriving at or departin- froin the
slaugh - ter-houses, or wilfully and improperly station such cart or vehicle
so as to occupy a position in which the person in char,,
or. vehicle would, by priority of arrival, have prior, claim to place such
last-mentioned cart ot vehicle.
20. Every, person who offends against any of the by-laws contained in
this Part shall be liable to a fine not exceedin.. fifty, dillurs.
SCHEDULE 0. [ss. 9 and 2 (C,.]
Rules.forthe election of members of the Sanitary Board.
1. Elections Ibr members to serve or) the Sanitary Board stiall take
place at such time and place.as shall. be previously notified by command of
the Governor in the Gazette.
2. The Regois trar of the Supreme Court(hereinafter termed the Registrar)
shall in accordance withany such notification surnmon to an election the
pe.rsons bylaw entitled to vote at. such election.
3 The name of every candidate shall be nominated in writing by
elector. *and seconded by another and the said nominations delivered to the
Registrar not less than four clear days before the day fixed for tile election.
Every nomination shall be personally handed to the Registrar by the
candidate or by his nominator or seconder.
4,. Should the number- of candidates duly nominated and seconded not
exceed: the number of members to be elected, the Registrar shall make
a return to the Governor of the names of the candidates and the names of
their nominators and seconders, and the Governor may thereupon declare
such candidates duly elected.
Should the number of canaidates duly ilorninated, and seconded exceed
the number of vacancies to be filled, the following further rules shall be
. .
observed :-
5.1 The Registrar or such other person as the Governor may appo not
shall preside at the election (the person presiding is hereinafter called
..the preFidiing officer).
6. No elector shall give more than one vote in respect of each seat
declared vacant .
7.---pie. voting shall be by ballot.
8-The name ofevery elector votivi- shall be 'recorded by the presiding.
officer.
ELECTION OF MEMBERS Or THE SANITARY BOARD,- Cpntinued
9. The ballot box shall be opened and the votes counted in Lite presence
of the candidates or the duly authorised agent of each candidate,
10. Candidates, as such, shall not be disqualifie ' d froin voting.
11. In the event of two or more candidates having. all equal number of'
votes, only one of whom can be elected, their names shall be submitted
within a period of not less than seven days to another ballot to be publicly
notified by the presiding officer who shall state the tinre and place.
12. As to any matters connected with the order of proceeding riot hereby
provided for, the presiding. officer shall take such order as he thinks fit.
13. The presiding officer shall make a return of the election to the
Governor as soon as conveniently may be after the election. The return
Shall be uccompanied, for the Governor's information, by
(a)A list of the candidates with the names of their nominators, and
seconders.
(b) A list of the voters who have recorded their votes.
(c) A statement of the number of votes given for each candidate.
(d) A statement as to the ob * jections, if any, that may hilve been
taken to the vote of any elector.
14. On the receipt of* the return by the predding. officer, Lhe Governor
shall, if satisfied that the foregoing rules have been complied with, cause
the candidate who has received the largest number of votes (and if there
be more than one vacancy the candidates who have received the next largest
number of votes, in order according to 1he number of vacancies) to be
informed that lie has been duly elected ; and a notification of the election
shall likewise be made to-the President.
SCHEDULE D. [ss. 29 and 36.]
Notice to abate a Public Health Nuisance.
Sanitary Board Office,
Hongkong 19
To
NOTICE is hereby given to you on belialfof the Sanitary Board that the
nuisance specified hereunder is found to exist in your premises No.
and that you are therefore hereby required within *
from the time of service upon you of' the present notice
to abate'such nuisance in the manner hereunder set forth.
By order ot the Sanitary Board,
Nature of nuisance ........................................................................
Action to be taken for the abatentent of the nuisance ............
*Note.-Here insert period of time allowed.
SCHEDULE E. [ss. 134 and 266.]
tUndertaking with regard to verandah (or balcon
erected on or over Crown land.
........hereby agree in consideration of being. permitted by His Excellencv
the Governor to erect a verandah (or balcony) over unleased Crown land
adjoining house No. ................................Lot No.
.,
.....
1. That during the construction of the said verandah (or balcony) .........
............will in no way deviate from tile plans and drawing thereof sup-
plied, signed by and deposited in the office of the Building
Au.thority.
2.........That .................will always keep the said verandah (or
balcony) in good repair and will colourwash, paint and cleanse the same
whenever required by the Building Authority to do so.
3. That .........will always give fi.ce in-ress to th c Bitild-
.................n
ing Authourity or any officer authorised be such Authority to enter the
premises and examine the verandah (or balcony).
. 4. That. should the land on or over which such verandah (or balcony) is
to.be,erected be, at any future time, re uired by the Government for any
public work, improvement, or other puTlic purpose hereby
undertake on receipt of a notice in writing. from the,Building. Authority to
remove at .own expense the whole of the structure within
a period of three months from the* date of such notice, and without makin-
any claim for compensation on the Government for such removal.
.5. That in the event of Street being hereafter raised
hereby undertake on receipt of a notice in writing signed by the Building.
Authority to raise within a period of three MOLIthS from tile date Of Snell
notice.and at .....own expense the whole of hte ground floor surfaces
to such levels as shall be determined by the Building Authority and ......
........ further tindertake v) inake no claim for compensation on tile Gov-
ermnent in respect of* such raising.
6. That ..will always comply -with all re gulations from
time to time in force relating to verandahs and balconies.
7.'And that this agreement shall be binding also on ........................
executors, administrators and assigns.
Dated..........the ..........day of 19
Witness tb signature.
............................. 1
Signature of owner of Lot No .....................
SCHEDULE F. [~s. 134 and 266.]
Undertaking with regard to areas for the admission of light
and air into basements to be constructed
on Unleased Crown land.'
agree in consideration of being perinitted by His
Bicellency the Governor to construct as an encroachment on unleased
.Crown land the following works
............. 1
............. 1 ... ..................................................................
adjoing house No
n
Lot No ...........................
1. That ....will in no was; deviate froin the plans and drawin-s
of such works supplied, signed by ...................................................
and deposited in the office of the Buildin- Authority.
2. That.... Will keep the whole of the said works in good
repair, and not permit the accuinulation of' rubbish therein or the lise
thereof for storag.e purposes, or as a smokehole or in any way other than
as a channel for the admission of light and air.
3. That ....will always give free ingress to the Building.
Authority or any, officer authorised by such Authority, to enter the
preinises~for the purpose of inspection.
4 That should the land occupied by such works be at any, tfine required
by the Government for any public work, improvement or other public
purpose .... herely undertake, on receipt of a notice in writing
frorn the Building Authority, to remove at own expense the
whole of such works within a period of three months from the (late of such
notice and without making any claim for compensation on the Government
119r such removal.
5. That ...will always coinplY with all regulations from time
to tinie in florce relating to areas.
6. And that this agreement shall be binding ou executors,
administrators and assogns.
Dated..........the day......... 1 19 .
Witness to signature.
.................................
Signature of owner of Lot No .....................
SCHEDULE G. [ss. 134 and 266.]
Verandah and balcony regulations.
Notwithstanding. anything contained in Schedule G published hereunder,
no structural alteration shall be required to be made in any verandah, bal-
cony or basement already constructed in compliance with the regulations
hitherto in force.
: 1. Except as hereinafter mentioned any verandah project ed over any
S treet from the ground storey of*any building shall not be less than seven
feet and nine inches wide, between the face of the wall from which it is
projected and the inside face of the base of the piers or coluirins upon which
it is. supported.
As f 1 ar, as practicable, unless the Building. Authority shall otherivise
direct the external face of the base ofthe piers or columns shall align with
the fa ce of the kerb of, the side walk.
2. ~ Any such verandah shall not be less than twelve feet high measured
from~the top of the kerb-stone or, if there is no kerb-stone, from the level
of the centre of the street to the underside of the bressummers or lintels,
or, if arches are used, to the highest point of the underside of each arch.
3. Any balcony projected over any street shall have a clear height
underneath every part thereof of at least twelve feet measured from the top
of the kerb-stone or, if there is no kerb-stone, from the level of the centre
of such street..
4.' . Any such verandah, balcony, or part thereof, projected over any
street from any storey higher than the ground storey ofany building, shall
not be less than eleven feet high. Such height shall be measured from
the floor of the verandah, or balcony, to the underside of the bressummers
or lintels, or, if arches are used, to the highest point of the underside of'
each arch.
. 5. The ends of all such verandahs or balconies, which do not abut on
any verandah or balcony existing. at the date of their construction, shall
be left open and shall be finished in all respects in a similar manner to the
front elevation thereof.
6. Special plans and drawings of any such verandah or balcony shall be
submitted to the Building Authority and shall be on tracing cloth and
suchiplans and drawings shall be drawn to a scale of not less than one-
tenth of an inch to the foot, and the details of all brackets, mouldings,
caps cornices, balustrades, and similar puts of the proposed structure,
shall be drawn to an uniform scale of one inch to the foot. Such plans
and Arawings shall clearly show the lines and levels of existing kerbs
and any proposed alterations to such lines or levels, figured dimensions
being given of such proposed alterations.
7. Any such. verandah or balcony shall he constructed of iron, stone or
brick, except that, within or urban distriet,the iers of every verandah
shall, on the ground store building e made Of iron or of cut stone
worked straight, the exposed faces of which shall be extra fine punched.
As amended by Law Rev. *~rd., 1924. These regulations came into operation on the
12th February,'1910,
8. All bressummers or lintels, in connexion with any such verandah or
balcony, shall be constructed of granite (fine punched on the exposed fhce)
or of iron.
9. The roof and floors of any such verandah or balcony shall be
.provided, to the satisfaction of the Building Authority, with gutters laid
to a proper fall and with down-pipes to carry off water.
10. In the case of balconies any bracket whieli is not built into any
party or cross wall or main wall other than the wall from which it projects,
shall have its top member extended for a len-th of at least three feet
underneath the floor joists.
11. The foot-path or roadway underneath any verandah or balcony over
unleased Crown land or proje6ing be * vond any such verandah or balcony
out to the kerb-stone shall he paved with fine cement-conerete at least
four inches thick, or finely dressed granite stones, not more than eighteen
inches square closelyJointed and laid on abed of lime-concrete, or with such
other materials as may be approved by the Building Authority, by the
owner for the time being of the property from which such verandah or
balcony projects, who shall maintain the same in good order, to the
satisfaction 'of the Building Authority : Provided that wherever the
Building Authority may consider it expedient to do so he may lay or
repair any such foot-path or roadway at the expense of the owner, as
aforesaid,*who shall pay into the Treasury, within seven days of the date
of notice, the amount certified bythe Building Authority as being due in
respect of the work done, and in default of such payment the Building
Authority may recover such amount by an action in the Supreme Court
in its, summary jurisdiction.
12. All balconies projected over any street shall be of an uniform width
in each street and in no case shall they be ofa greater width than three
feet and six inches.
13. No verandah or balcony shall hereafter be constructed over unleased
Crown land unless the building. from which ic projects has a clear and
unobstructed -courtyard, backyard-,back lane, or other open space, extend-
ing., across the entire width and in the rear of stich building and of' it
minimum depth of eight feet:
Provided that-
(a) A bridge or covered way, not exceeding three feet and six inches
in width, when such is necessary flor giving access to buildings in the
rear of the property; shall not be deemed an obstruction to such courtyard,
back ard, back lane, or other open space, within the meaning of this
regMation,
(b) Any building situated at a corner formed by two streets and
hiving on each floor a window or windows of a total area of not less than
one-tenth of the floor area opening. upon each street shall be exempted
from this regulation.
(c) The Building Authority shall have power to modify this regulation
in any case in which he may consider it expgdient to do ;o.
SCHEDULE H. [s. 209.1
Matshed regulations.
GENERAL.
1. -In-these regulations, matshed'$ includes buildings of wood, mats,
palm leaves, thatch or other inflammable material.
2 No matshed shall be erected or maintained within fifty yards of any
other building unless with the permission in writing. of the Buildina. 1
Authority.
.3. Every application for permission to erect a matshed shall specify the
proposed dimensions of the matshed, the period of time for which such
matshed is required and, if it is intended for habitation by more than two
persons, the maximum number ofpersons it is intended t'accommodate at
night; and no matshed shall be used for habitation by more than two
persons unless the permission to erect such matshed expressly states that
it.may he so used.
4. No part of the structure of any matshed shall be within ten feet of
any telegraph or telephone wire.
5. The permit-holder shall be responsible for any act or omission by
which any of these regulations is contravened and shall indemnify the
Government and the Building Authority from all and every claim that
may be brought against the Government, or the Building Authority, in
respect of' sanctioning the erection of the matsheds referred to in such
permit.
6. Any contravention of these regulations and any breach of the con-
ditions of a permit will entitle the Building Authority to cancel and
withdraw the permit without notice, and will render the person responsible
for any such contravention or breach liable upon summary conviction to a
penalty not exceeding., one fituidred dollars.
7. Every matshed shall, at all times be kept in a cleanly condition, and
all garbage and other refuse matters shall be removed therefrom at least
once every twenty-four hours and be properly dispoged of to the satisfac-
tion of the. Board.
8. On the expiry of' the permit. the permit-holder shall remove such
matshed without delay and shall clear the site to the satisfaction ofthe
Building. Authority.
As amended by Law Rev. Ord., 1924.
SPECIAL REGULATIONS FOR MATSITEDS USED OR INTEND1M
TO BE USED FOR HABITATION.
9. The followinip regulations apply only to inatsheds used or intended
to be used for habitatiion (either temporary or permanent) by more than
two persons.
10. The site of every such matshed shall be levelled, and the site
including the ground surflice for a distance of not less than three feet
from the outer walls of such matshed, shall be covered with a layer of
good lime or cement-concrete at least six inches thick and finished off
Smooth -to the satisfaction of the- Building -Authority-: -
Provided that in all cases in which the floor of the matshed avera-es at
least two and a half feet abov * c the ground and,the space below such oor
is not inclosed, or in which the matshed is erected over water, the forego-
ing requirements may with the permission of the Building Authority be
dispensed with.
11. No such matshed may be erected in such a manner that an ' y part of'
any external wall of such matshed is at a less distance than eight feet
horizontally from any hill-side or bank of earth.
12. A boar.d shall be exposed on the outside of' every such matshed
containing the following. information:-
(a) Naine of permit-holder.
(b) Number of permit.
(c) Date of issue of permit..
(d) Duration of permit.
(e) Maximum number of persons it is intended to accommodate.
13. The ground surface of* every kitchen used in connexion with any
Such matshed shall be covered with good lime or cement-concrete at least
six inches thick and finished off smooth to tile satisfaction of the 13nilding
Authority.
14. Ade uate Iatrine acconim odation shall be provided for the occupants
of every suet niarshed and the ground surface of every such Iatrine shall be
covered with good lime or cement-coilcrete at least six inches thick and
finished off smooth to the satisfaction of the Buildin- Authority.
15. Adequate arrangements, to the satisfaction of the Building. Authorit
shall be made for the drainage of* every such matshed, and also of every
such kitchen and Iatrine, as well as of' the ground immediately surrounding
them. Adequate provision shall also be made for conducting all sullage-
waters into a public sewer, if available, failing. which, they shall be disposed
of as the Building Authority may direct.
16, Each occupant of any such matshed shall be provided with at least
thirty square feet of unobstructed floor area and three hundred and thirty
cubic feet of clear and unobstructed internal air space.
17. Every such matshed upon a site that is concreted shall be provided
with suitable beds or bunks for the use of the occupants, and such beds or
bunks shall be at least two feet abve the floor of such inatshed.
. 18. In all cases in which any such matshed is intended to be used for
occupation for a period not exceeding three months, and is occupied by not
more than twelity persons, the Building. Authority may, in his discretion,
exempt such matshed from compliance with any or ail of the foregoing
provisions : Provided always that such exemption shall not be deetned to
protect the permit-holder from lecal action in the event of a nuisance
ari.sing from the erection of such matshed.
19. The Building Authority may require the applicant for permission to
ere ' et any r . natshed intended for the housing of more than two persons to
sign an undertaking in the following form, and to make a deposit in the
Treasury of a sum to be fixed by the Building. Authority, not exceedin..
five hundred dollars for each matshed, as security for the performance of
such undertaking
UNDERTAKING TO PROTECT TREES &C. NEAR MATSHED.
In:eovisideration of the issue to the undersigned
.........................of' a permit to erect .... matshed at .......
for the housing. of [wrokmen] hereby undertake to make good
any loss or destruction of or dama-e to any trees, shrubs or undergrowth
on unleased Crown land within a distance of five hundred yards from any
part of tiny matshed erected under such permit, occurring while such Inat-
shed stands, unless can prove to the satisfaction of the Building
Authority that such. loss, destruction or damage has not occurred through
the aer, neglect or defhizlt of any person employed by or any per-
son ' making use of any such matshed ; and ... hereby agree that the
amount ofany such loss, oestruction or damage for which may be
liable under this document as assessed by the Superintendent of the Botan-
ical and Forestry. Department, may be deducted front the sum of $ .........
.................. which flave deppsited with the Treasurer.as security
for that purpose.
As witness ........hand this ....day of
..................... 19
Witness.
,SCHEDULE J. [s. 21 L]
Earth cutting, &c.
Regulations as to obtaining stone, earth or tuiffrom Crown land.
No person shall exit or remove earth or turf, or collect, extract, split.
blast or remove stones from any land not under lease from the Crown,
without 1aving previously obtained a written permit from the Direotor of
Public Works, and such permit inust be kept by the head workman on the
ground and shall be produced whenever required by the Director'of Public
Works or any officer deputed by him, or the police, and shall have
stated in it the period for which it will be available.
As amended by Law Rev. Ord., 1924.
2., The place where stone, earth, or turf is to be obtained shall, where
practicable, be stated in;the permit.
3. As each case may require special precautions, the peralit-holder niust
obey any special instructions of the Director of Public Works indorsed oil
the permit.
1 4. Permits for tile obtaining ofstone will be limited to the collection of'
loose boulders.
5. No stone shall be rolled on to, or left deposited upon, ally public
road or allowed to roll over any hill-slope to the danger of life or property
or to the detriment of trees.
6. All escarpments caused by the cutting of earth on unleased Crown
land must be sloped uniformly and properly turfed upon completion of the
excavation.
Any infringement of these regulations will entitle the Director of
Public Works to cancel and withdraw the perinit without notice, and will
render the person to whom the permit was granted liable upon summary
conviction to a penalty not exceeding one hundred dollars.
8. The Director of Public Works shall. have power at any time to cancel
and withdraw. a permit, without giving any notice or assigning. any cause
for such withdrawal.
9. The'permit-holder is to provide a competent foreman, who is to remain
on the ground during. the whole of the time the men are obtainin- earth
or stone, for the purpose of ensuring that the work is carried out without
undermininw or prejudicially affecting or endangering. the stability of' any
bank or earth or of any land or prop orty adjoining., and to prevent the
rolling of stones over any hill-slope to the danger if life or property or to
the detriment of trees, and to see that all regulations and conditions
attached to the permit are properly complied with.
Note-Any Contravention of the Public Health and Buildin-s Ordinance,
1903, as regards the above matters renders not only the lalourer doin,
the work ' but the permit-holder, contractor, or foreman under whom site?,
labourer is working, liable to the penalty provided by such Ordinance.
SCHEDULE K. [ss. 222 and 223.]
building or works.
Hongkong, 19
T6 the Building Authority.
hereby give you notice, pursuant to the Public Health
and Buildings Ordinance, 1903, ofintention to commence (or
resume) the following building (or works) viz :-
in accordance with the accompanying drawing(s) and plan.'
As amended by Law Rev. Ord., 1924.
Particulars.
No. of lot
Locality
Name and number of street (if any)
Purpose for whcih it si intended to use the
building
Special or material particulars(if any)
Name and address fo ower and occupier
(if any), and of the agent of owner
(if any)
(Statement of capaciyt in whcih the party sigus.)
SCHEDULE L.
Notic to abate a building nuisance.
Office of the Building Authority
Hongkong, 19,
To A.B.
It has been brought tomy attention that a nuissance exists
your Lot No.
situated
viz:-
which contravenes section of the Public Health and
Buidings Ordinance, 1903. I have therefore to give you notce under the
said Ordinance, to abate the nuisance within a period of
by
SCHEDULE M
Drainage(including water closets and urinals)
[The Drainage by-laws originally contained in Schedule B of the Public
Health and Buildings Ordinance, 1903, and transferrd to Schedule M by
the Public Heatlth and Buildings Amendment Ordinance, 1908, and the
by-laws relating to water closets originally contained in Schedule B of the
Public Health and Buildigns Ordinance, 1903, are repealed, and the follow-
ing regulatiions are substituted for all such by-laws:
Provided always tha such repeal and substitution shall nto affect any
existing drain, sewer, water closet or urinal constructed and maintained in
compliance with the by-laws previously in force until such drain, sewer,
water closet or urinal shall become defective.
Drainage regulations.
In t bese regulations,
(a) Drain means any drain,of and used for the drainage of one
.building only, or premises within the same curtilage, and made merely for
the purpose of communicating therefrom with a cesspool or other like
receptacle for drainage, or with a sewer into Which the drainage of two or
more buildings or premises occupied by different persons is conveyed, and
CC main drain means the 'Whole of such drain..excluding any branches
thereof.
(b) Sewer incl.udes sewers, and, drains of every description except
drains to which the word drain interpreted as aforesaid applies.
1 . Any owner or occupier of private premises about to construct
reconstruct, alter or-amend any drain shall give the notice and forward the
plans required by sections 222 and 223 of the Public Realth and Buildings
Ordinance, 1903, Such plans must show' the whole of the drainage works
proposed to be carried out, th ' e diameter. of the pipes, their gradient and
their connexion to themain drain; sewer, channel or nullah, and also the
levels and sizes of any existing drains crossed by or adjacent to such new
drains. Copies of Scheule K in English and Chinesse may be obtained
gratis,on application at the office of the Building Authority, or, in the case
of the villages, at any village police station between 10 a.m. and 4 p.m.
Provided that when drainae works are heing carried out in conjunction
with other works it shall only be necessary to *forward,one such form of
Schedule K which must however contain particulars of the whole of the
works including such drainage works.
I'NOTE,---The approval of plans by the Building Authority under these regulations
certifies simpiy to the fact that the plans are in accordance with the Public Health and
Buildings Ordinance, 1903,and with the regulations made thereunder, but signifies no
approval of the dufficiency or otherwise of the plan and th.rows no responsibility on the
Building Authority.
2. Any: person carrying out excavations for drainage works on any
premises contiguous to a public thoroughfare, whereby the safety of the
pqblie may be jeopardized, shall light such excavations by means of a
lantern or lanterns kept. lighted through the night, and he shall further
provide watchmen, erect hoardings and. otherwise take such precautions
as may be necessary. ' for scouring the safety of the public and the protection
of adjoining properties.
3. Covered drains and: sewers shall be made of impervious materials,
to, be'approved.by the Building Authority, with smooth internal surfaces,
such as well glazed earthenware pipes, or cast-iron pipes protected against
,rust or corrosion by suitable asphltic coating, and shall be so constructed
as to,be water-tight and air-tight. In jointing pipes with cement, tarred
hemp shall: be dhulked into the joints before the cement is applied, and care
shall be taken that no cement or. other jointing material projects from the
joints. into the, interior of the pipes, and any such projecting material or
other irregularities in the bore of the drain. or sewer shall. be carefully
removed.
These regulations came into operation on the 12th Feburary, 1910.
DIIA19AGE REGULAT ioNs,- Con ffizued.
4. ~ All, drains and sewers shall be laid so as to have a firm bed through-
..Put their length. Where the bottom of a trench is in rock or similar hard
substance, the pipes shall be firmly bedded in.suitable selected material free
from large stones and well rammed into place.. Where such drains or
sewers aTe'laid under a wall, they shall he protected by means of a relieving
arch.
5 All stone-ware pipes shall be well glazed and free from cracks and
flaws 'and' shall have a thickness of. not. less than oue-twelfth of their
diameter.
6. That portion of the drain of any building which is immediately con-
nected with any sewer shall (unless specially exempted by the Building
Authority) be provided with a suitable and efficient intercepting trap at a
point*situate on the ground of the owner of the drain as distant as may be
practicable from. such building and.as. near as. may be practicable to the
point at Which such drain isleonnected with such sewer. ' Adequate incans
of access shall*be'provided to every drainby a manhole ordisconnecting
*chamber 'or other,mcans of access'to be approved by the Building Authority
for the pu'rpose of cleansing the drain. All manholes and disconnecting
chambers sliall be constructed of brickwork at least nine inches in thickness
13uffilt in cement-lmortar so as to be water-tight up to the level of the adjacent
ground and, shall be fitted with manh ' ole covers and frames to be approved
by the Building Authority. Authority. If placed within a building, such covers shall
be air-tight.
7. AR covered drains and sewers shall be. laid in straight lines and
regular gradients between the points at which any change of direction
occurs, and all changes of direction, shall be made by means' of properly
curved pipes or by. balf channels in manholes.
8,., Concrete for. encasing: drains or sewers shall be composed of four
parts of,&ood sound clean stone broken to pass through a one inch ring
two parts of red' or yellow earth and one part of lime thoroughly well
.mixed and well rammed into place ot of such other materials and in such
proportions as'ibe Building Authority may approve.
9., Cement for. the jointing of pipes.'or any other work shall be
.mixed in the proportions of not more than three'pyts of clean sharp sand
to one part of, good Portlan&d'cem6fit used fresh.
10.---NO,covered drain or sewer shall be less than four 'inches inclear
internal diameter, but, the' Building Authority may require any co 1 vered
drain or.sewer to:be constructed:of a larger diameter.
11 Suject to the limitation, mentioned in r gulation No. 10 of these
regulations, no drain or sewer shall be larger than is necessary in the opiniion
of the Buildig Authority to carry the sewage of the premises drained
or the sewage wtih the rain-water'. which,, under conditions herciaafter
,specified in regulations Nos. 33,.34 and 35 of these regulations, shall be
admitted to thedrain.
12. Every or sewer shall have the. maximum fall, throughout its
length, that the relative levels the,public sewer and of the most remote
inlet will admit of
DRAINAGE PEGULATIONS,-Continued.
Provided always-
(a) that, if the available fall exceeds 1. in 30, the part of the drain or
sewer more remote from the public sewer may be laid with a fall of 1 in
30; and the remainder, with such greater fall as may be necessary to Connect
with the public sewer
(b) that, if the excavation, necessary to obtain the maximum available
fall, is likely in the opinion of the Building Authority to endanger tile
stability of the adjoining or neighbouring property, the gradient may be
modified to such extent,as the Building Authority may approve.
13. Whenever the available fall for a covered drain or bewer is less than
1 in 30, the Building Authority 1 may require the gradient of the drain or
sewer to be varied by increasing such gradient in the upper portion of such
drain or sewer and by reducing it in the remaining portions.
14. Whenever the gradient of any portion of a covered drain or sewer is
less than 1 in 30, the Building Authority may require an automatic flush
tank or any other suitable contrivance for attaining an effective flush to be
provided to his satisfaction.
15. No drain or sewer shall be so constructed as to pass under any
domestic building except when any other mode of construction is impracti-
cable. Any drain or sewer passing under a building shall he of cast-iron
pipes coated inside with Dr. Angus Smith's patent composition, or of
other material approved by the Building Authority, and all such pipes
shall be of a quality to be approved by the Building Authority and the
joints shall be properly caulked and run with lead, and (unless the written
permission of the Building Authority has first been obtained to lay the
drain or sewer otherwise) shall be laid in one straight line for the whole
distance beneath such building, and shall be imbedded and encased through-
out its entire length in four inches of concrete as specified in regulation No.
8 of.th6e regulations.
16. Whenever a covered drain or sewer traverses soft or yielding ground,
or where water may make its appearance in the trench, the drain or sewer
shall be surrounded throughout its entire length with four inches of concrete
as specifled in regulation No. 8 of these reg ulations.
17. No drain or sewer shall be constricted in such manner as to allow
any inlet to such drain or sewer to be placed inside any roofed building.,
(except such inlet as may be necessary from the apparatus of any water
closet or urinal):
Provided that, if in the opinion of the Building Authority it is impracti-
cable to comply with this: regulation in respect of any premises without
encroaching on unleased Crown land, the Building Authority shall, on
payment by the owner of such promises of a fee of twenty dollars, construct
an inlet on Crown land to receive the drainage of such premises and connect
such inlet with a sewer. The cost of cleansing and maintaining such inlet
shall thereafter be borne by the owner for the time being of the said
premises, and may be recovered by the Building Authority from such owner
by an action in the Supreme Court in its summary jurisdiction.
DRAINAGE REGULATIONS,- Continued.
18. The aggregate area of the openings in any grating fixed on the inlet
to a waste-pipe from a bath or sink shall not be less than four square inches
and such waste-pipe shall not. have a less internal diameter than one and a
half inches.
19. Every inlet to a drain or sewer shall be provided with a trap of a
pattern to be approved by the Building Authority. All surface traps
and gulleys shall he provided with hinged gratings having the nett area of
the openings not less than twice the area of the trap or pipe. Such gratings
shall be sunk to a depth of at least one jach below the surrounding surface
with a slope round them equal to half the width of the grating.
20. Traps shall have not less than two incites of water seal and shall he
properly fixed and jointed to the satisfaction of the Building Authority,
All stone-waare traps shall be surrounded with four inches of concrete as
specified in regulation No. 8 of these regulations.
.21. No person shall construct or fix in connexion with any drain Or
waste-pipe the form of trap of the kind known as the bellrap or any trap
of the kind known as the D trap.
22. Every covered main drain or sewer carrying sewage or sullage-water
shall be ventilated at its upper end by carrying up. in the open dr an iron
ventilating pipe of a diameter of not less than four incites to a height of not
less than three feet above the eaves of the building to which it is affixed or
of any of the immediately adjoining buildings, and clear of all windows,
sky-lights or other openings. The joints of all such pipes shall be properly
ca,ulked and run with lead.
23. Every covered 'main drain or sewer carrying sewage or sullage-wa-ter
shall have it, ventilating opening near to its lower end and in the open air,
and no trap or other obstruction to the free circulation of air shall exist
between this opening and the one described in regulation No. 22 of these
regulations.
When a covered main drain receives the drainage of more than one
building, the Building Authority may require additional provision for
ventilation of the branch drain from each building.
24. All eaves-gutters shall be of cast- iron or other.material approved by
the Building Authority and shall be securely fixed itt a proper gradient and
connected to rain-water pipes to the satisfaction of the Building Authority.
25. Rain-water pipes and waste-pipes from baths, sinks and other
similar. appliances on the upper floors of buildings shall be fixed, as far as
may be practicable, vertically, and shall be of cast-iron socketed pipes
jointed with cement, or. wrought-iron pipes, with screwed joints, coated
with bituminous composition, or. galvanised, or of well glazed stone-ware
socketed pipes, or other approved materials, securely fixed outside the wall,
and in the open air, by means of wrought-iron bands fitted round the pipe,
and made fast with wrought-iton, spikes not less than four inches long, or
in the case,of iron pipes by means of cars, made fasL its above described and
provided, at each point of connexion, with a suitable head, and at their.
lower extremity with a bend, shoe, or pedestal pipe. Every opening in the
DPAINAGE RFGULATIONS,- Continued
wall. of a building for the discharge of sullage-water shall be of a suitable
size and entirely protected to the satisfaction of the Building Authority
by a fixed grating of . cast-iron or other inuterial to be approved by the
Building Authority :.
Provided that in the case of rain-water pipes and waste-pipes abutting
on any street, cast-iron or wrought-iron pipes only shall be used, properly
jointeff as above described, (unless permission has been granted by
the Building Authority to use pipes of other inaterial), and wherever
practicable rain-water pipes shall be carried, under the foot-path and shall
discharge into the side-cliannel. All joints of stone-ware pipes shall be
mad(. in the manner provided by regulation No. 3 of these regulations.
NOTE-Zine, tin-plate, riveted or lap-jointed slicet-iron will not be permitted.
26. No water pipe (other than a soil pipe from a water closet or urinal)
and no rain-water pipe shall be connected directly with ally covered drain,
but every 1 such pipe shall be brought down to within one foot from the
ground and shall discharge in the oppli air near to or over a trap.
27. NO rain-water pipe from the roof of a building shall be used as a
ventilating pipe for any drain which communicates or is designed to
communicate with a sewer.
28. Any person who may have laid any drain or sewer or constructed
drainage works connected therewith shall riot cover lip such drain, sewer or
works rintil the same shall have been previously inspected and passed by
the Building Authority or ail officer deputed by him, and every such person
shall give three clear days written notice to such Authority that such drain
or sewer or works are ready for inspection, and such notice shall be delivered
at the office of the Building Autliority in a form of which printed copies in
E nglish and Chinese way be obtained gratis on application at the office of
the Buildin. Authority, or, in the case of villages, at any police station
between 10 a.m. and 4 p.m Provided that in all cases where plans
or a notice signed by ail authorised architect have been submitted under
regulation No. 1 of these regulations, the notice referred 'to in this
regulation shall, if the Building Authority so requires, be signed by an
authorised architect.
29. Before any drain or sewer is covered in, it shall be inspected and
tested by the Building Authority or an officer deputed by any to ascertain
whether it is water-tight and air-tight ; and no drain or sewer tbat fails in
either of these respects shall be passed. A fee of ten dollars shall be paid
by the person who signs the notice referred to in, regulation No. 28 of these
regulations for every inspection after the first if the Building Authority is
satisfied that such further inspection has been necessitated by negligence or
by bad workmanship or the use of improper materials. After a drain or
sewer has been passed, the earth shall be carefully filled in, above and
around the drain or sewer, and thoroughly rammed and consolidated. For
a depth of at least six inches above the summit of the sockets of the pipes,
selected material,Iree from stones larger than. will pass through a two inch
,ring, shall be used in filling in the trench.
30. Surface channels shall be constructed of impervious materials to be
approved by the Building Authority and of such section as the Building
Authority may approve, and shall be finished ofl smooth and laid to regular
DRAINAGE REGULATIONS,- Continued
gradients of not less than 1 in 80 unless the Building Authority shall permit
a less gradient.
31. The floors of all kitchens, sculleries, bathrooms, stables, cowsheds
and the like, shall, where practicable, be laid to proper falls, and shall be
elevated above the ground outside the building, and shall be provided with
surface channels passing out tLrough the wall and delivering above a trapped
gulley outside. When new drains are being laid and where the floor is at
the level of the ground outside, such surface channel shall be connected to
a trap outside the house by a straight pipe terminating above the waterlevel
and below the grating of the trap, which shall be access.ible and in free
communication with the open air. Every such opening in the wall shall be
of a suitable size and entirely protected by a fixed grating, at its upper
end, to the satisfaction of the Building Authority.
32. All surfaces of backyards and paved areas of premises wherever
practicle shall have a full towards the trap or inlet of the drain of not
less than 1, in 40, and such inlet shall be placed as far from the walls as
practicable.
33. Open surfaces such as backyards, courtyards or other spaces on
which slops are thrown, or from which foul waters flow, shll be provided
with trapp * cd connexions to the covered drains for the removal of such
waters as well as soine of the rain-wa ter.
.34. WLerever an outlet is available, surface channels shall be provided
to~earry excessive rainfall from the premises, and these channels shall be
properly connected with a. storm water-channel or drain. As many four
,inch, traps as the Building Authority may approve shall be placed in such
surface channels and connected 'W'ith the covered drains for the purpose of
flushing the sewers.
35. The, rain-water from roofs which slope towards inclosed courtyards
or.backyards,may, if diversion to the surface channel is impracticable, he
received into the covered drains, but no ventilating pipe shall be used for
the conveyance of rain-water from the roof.
36. No person shall, where it can possibly be avoided, Isly any P;pe for
conveying sub-soil drainage in such manner or in such position as to coin-
municate directly with any sewer, cesspool, or covered drain used for the
conveyance or reception of sewage.
37. In every ease where the course of a drain or sewer shall be diverted,
any ce'sspool previously existing and into which such drain or sewer may
have :previously emptied, shall be cleansed,. deodorized and filled with.clean
earth.
38. Every water closet and urinal in a building shall be constructed
. against an external wall, and all apparatus shall be fixed as near to suAl
eoternal all as in the opinion of the Building Authority is practicable.
39..Every water closet and urinal shall be furnished with a separate
cistern or flughing box unless the Building Authority shall otherwise permit.
In the case of water closets such. cistern or flushing box shall be so
constructed, fitted and placed as to admit of a supply of water to such
closet, pan, Lasin, or other receptacle of not less than two gallons ns and not
ruore thau three gallons each time such pan, basin. or pther receptacle is used.
DRAINAGE REGULATIONS,- Conlinued.
Such cistern or flushing box shall in all cases, except where it is in'
connexion with a valve-closet, be of the type known : the Water Waste
Prevenfor,
Such cistern shall he provided with a suitable. ball-cock fixed on the
supply-pipe, and it shall be furnished with an overflow pipe carried through
the elterndl wall of the building into the open air and terminating it in a
conspicuous place.
Provided thaty in I the case of trough water closets and urinals, such
cistern or fluship. box shall be of automatic action and of such size and
pattern and discharging at such intervals -Is may be approved by the
Building Authority.
40. Every water closet and urinal shall be furnished with a suitable
.apparatus for the effectual application of water to any pan, loasin, or other
receptacle* With. which such apparatus may be connected and used, and for
the effectual flushing and cleansing of such pan, basin, or other receptacle,
and for the prompt and effectual removal therefrom of any solid or liquid
filth which may from time to time be deposited therein.
Every Water closet and urinal shall be, furnished with a pan, basin, or
,oth*cr suitable receptacle ot receptacles of non-absorbent material, and of
such shape, capacity, and mode of Construction as to receive It sufficient
quantity of wator ; and every such receptacle in connexion widl IL 1vater
closet shall in addition contain a sufficient quantity of water to allow of all
filth which may from time to time be deposited therehi.to full directly into
the water. Every such receptacle shall -be provided with a suitable trapi
having,,a water seal.of not less. than.one and a half inches.
No container or other similar fitting shall be constructed or fixed under
such receptacle.
No trap of the kind, known as the D trap shall be constructed or fixed
in conn exion with any such water closet or urinal apparatus.
41. No water closet or urinal apparatus or receptacle shall be directly
connected with any water service pipe.
42. -No flush-pipe connecting any water closet apparatus with the cistern
shall be less than one and a quarter inches diameter, and no flush-pipe in
connexion with any urinal shall he loss than three-qnarters of an inch in
diameter.
43. No water closet or urinal apparatus or receptacle shall be eased in,,
44. Every water closet and urinal shall be provided with an eflicient soil
pipe of cast-iron or wrought-iron securely fixed to the wall in the inanner
described for ventilating and waste-pipes ; and such soil pipe shall be at
least four inches in diameter in the case of water closets, and at least two
inches in diameter in the ease of urinals, and shall be properly connected to
the drain ait the foot, and shall be continued up in Affl dianicter witbout
bends or angles except. where unavoidable, and shall terminate it) tit open
end at least three feet in height above the eaves of the building to which it
is affixed or of. any adjacent buildind and not less than ten feet front ally
window.
DRAINAGE REGULATIIONS,-Continued
Such soil pipe shall be. jointed with yarn and molten tead and well
caulked.
Every soil pipe shall be provided with proper, junctions for connecting
with the water closet or urinal receptaxle, the trap of'which shall be con-
nected in a. sound. and substantial Manner. NO soil Pipe shall receive any
pipe other, than that from a water closet. apparatus or urinal, and no trap
shall be fixed in any portion thereof.
Every soil pipe shall be fixed throwrhout its entire longth outside the
.building in the open air.
45. When more than one trap from a water closet or urinal. receptaele is
coil nected, with a, soil pipe, the trap of each and every such receptacle shall
.be provided.with ad air-pipe not less than one and a quarter inches in
diameter, W'hich shall be carried up throughout its entire length outside the
building, and shall either be connected to the soil pipe above the connexion
with the uppermost trap, or shall terminate not less than three feet above
the eavesof the building and not less than ten feet from any window,
46. All joints, pipes, fittings and apparatus in connexion with any water
m
closet or arinal shall be perfectly water-tight and air-tight, and fixed to the
satisfaction of the Building Authority.
47. AlLdrains, sewers, and drainage works shall be built and carried. out
in all respects in accordance with the provisions of the Public Health
and Buildings Ordinance, 1903, and of thes.e regulations and of any that
may be made hereafter, and if no written notice provided by regulation No. 1
of these regulations shall have been given to the Building Authority by any
owner or cecupier about to construct, reconstruct, alter, repair, or amend any
drainer sewer on his premises, and if by such default the Buildign Author-
ity shallhad'no opportunity of inspecting and approving or disap-
proving-of any such drain, sewer or drainage works actually built and
already covered in, it shall: be lawful forthe Building Authority on discover-
ing the existence of such drain or drainage works. to call upon such owner
or occupier to. open. and uncover the sa ' me for the purpose of inspection, and
should such drain, sewer, or drainage works prove upon inspection to be
defective either in respect of design, workmanship, or materials, they shall
be deemed a nuisance under Part III of the aforementioned Ordinance and
dealt with accordifigly.
48. 'All works connected with the construction of drains, sewers, and
connexions shall. be carried out in strict accordance with the plans and
sections previously submitted to and approved by the Building Authority,
or with such amendments to such plans and sections as way have been
required by' him, to make them comply with the provisions of the Public
Health and Buildings Ordinance, 1903, and such works shallbe carried out
in a proper and workmanlike manner with the best materials of their
respective kinds, and shall be.subject during their progress to the control
and supervision of the officers, of the Building Authority appointed in that
behalf 'and shall. be completed to the entire satisfaction of, the Building
Authority.
DRAINAGE REGULATIONS,-Continued.
49. Whenever any drain or sewer is about to be constructed or recon-
structed, the Building Authority shall have power to require the provision
of a surface channel of approved materials and design, in lieu of a covered
drain or sewer, in any position in which a covered drain or sewer may
appear to him to be undesirable.
Waste-pipes from buildings and surface channels from kitchens, seulleries,
bathrooms, stable, cowsheds and the like shall discharge into such surface
channel without the intervention of a trap; but any communication be-
tween such surface channel and a covered drain or sewer shall be by means
of a trap.
50. The position and depth of any sewer to which it is proposed to
make a connexion shall be ascertained by the person submitting any plan
or notice relating to any drainage works. The Building authority shall, on
application being made to him by such person, open the road or footway
where necessary to enable such information to be obtained, but the cost of
such opeining and of the reinstatement of the surface shall be borne by
the applicant.
51. The Building Authority, or any officer deputed by such Authority,
may, with such assistants as may be necessary, enter any building, curtilage
or work, and may open the ground surface or take such other action as he
may consider necessary for the purpose of inspecting and supervising the
works to be carried out or about to be carried out under these regulations:
Provided that any damage caused to the owner by reason of such inspection
shall be made good by the Building Authority at the public expense should
the work of which inspection is made be found sound and good.
52. In any case in which the Building Authority may consider the
provisions of any of these regulations inapplicable or inexpedient, he may
grant such modifications or exemptions as he may consider necessary.
originally no. 1 of 1903. No. 9 of 1920. No. 21 of 1923. Law rev. ord, 1924.] short title . By-laws. Schedule B. government wells , buildings, and works exempt. Savings as to tenancy contracts . Interpretation. [s. 6 contd.] author of a nuisance. Authorised architect. [cf. S. 7.] bake-house. Balcony. Basement . Bord. Building. Building authority building line. [s. 6 contd.] building owner. Cattle. Cement. Common lodging-house. Colonial verterinary surgeon. Cross wall. Cobicle. [s. 6 contd.] dairy. Dairyman . Dangerous building . Dangerous trade . Department . Domestic building . Drug. European reservation. [s. 6 contd.] exceptional building . External air . External wall. Factory . Floor . Food. [s. 6 contd.] hill-side. Hill district. Householder . Keeper of a common lodgeing-house. Latrine. Main wall. Mezzanie foor. Cockloft. New building. [s. 6 coutd . ] occupier. Offensive trade. Owner. Partition wall. [s. 6 contd.] party structure . Party wall . Person premises . President. Public building . Public latriue. Room . Secretary. Storey. [s. 6 contd.] street . Tenant. Tenement-house. Urben district. Verandah. Vessel. Wall. Width of street. list of authorised archtects. Consttution of the sauitary board. ordinance no. 6 of 1887. Election of members of the board. Schedule c. names of members to be gazetted . Substition of members . Vacancies on the board. Board meetings. quorum . Standing orders . Appointment of select committees. Delegation of powers to medical officers of health or to select committees .failure to comply with orders of the medical officers of health or of select committees. Matters with regard to which the board has power to make by-laws. [s. 16 contd.] [s. 16 contd.] [s. 16 contd.] [s. 16 contd.] by-laws subject to approval of legislative council . Power to inflict fines on officers or servants for misconduct or neglect of duty . Miscondut book to be kept. Constitution of sanitary staff. power fo medical officars of health to enter and inspect premises. Power of medical officers of health to enter and inspect without notice. General power of officers of the departmetn to inspect. Special inspection to ascertain over-crowding. definition of nuisance. entry to inspect nuisances . Notice of such entry to be given if objection raised . Penalty for refusing admittance after due notice . Board may serve notice requiring abatement of nuisance. [cf.s. 36 and schedule D.] board may serve notice directing compliance with by-laws. Procceedings without notice . Board may review notice. On non-compliance with notice , complaint to be made to a magistrate . power of mistrate jto make an order dealing with the nuisance . Order prohibiting use, & c, of building unfit for human habitation . [cf s. 207a.] penalty for contravention of order fo magistrate or for defacign any copy of such order. form of notices. Schedule D. manner of serving notices . Common lodging-house to be registered and the keeper licensed . Penalty for false statements in application . inspection fo common lodging-houses . Regulation of public washermen . Establishment of dangerous or offensive trades. Definition of ' to establish. nuisances in factorise or workshops. Dangerous or offensive trades in domestic premises . Basements not to be occupied without permission . Overcrowding deficed. overcrowding in European reservation and Hill district. Overcrowding prohibited . Steps to be taken to abate overcrowing . Magistrate to make order for abatement . Penalty for disobedience of order . subsequent inspection . Kitchen not to be used as a sleeping-room . Caklculation of cubic space. Limit of fittings for sleeping accommodation . Licence for keeping cattle , swine , etc. transport of animals , etc. compensation for animals slaughtered by order of the board. retention of animals by the board and comjpensation therefor . Cattle depots to be provided by government .grazing may be prohibited . Establishing of slaughter-house and the letting thereof . prohibition of private slaughter-houses. Privilege of slaughtering animals for food . Sub-letting prohibited . Slaughtering except in slaughter-house prohibited . Unauthorised fees or charges prohibited. marking of animals for slaughter. Only marked animals for human food . Forging marks . Passing of unmarked animals in to slaughter-house prohibited. Stamping of beef, mutton and pork . Forging stamping . seizure of unstamped meat . Slaughter-house to be open to inspection. Establishmetn of markets; unauthorised markets prohibited. Buildings in markets limited . Letting of market-buildings . sub-letting prohibited . Alterations to market-building repairs to market-buildings by lessees may be ordere dby magistrate . sales of certain articles outside markets prohibited . [cf. No. 1 of 1845, s. 30s.] exceptions to the prohibition of sales outside markets. Unautherised fees or charges prohibited . Markets to be open to inspection . sale of unwholesome food prohibited . [cf. No. 1 of 1845, s.30a]] seizure fo unwholesome food. Penalty under ss. 82 and 83. Inspection of diaries ; power to prohibit supply o fmilk in certain cases . penalty for refusal to permit inspection . penalty for allowing infected persons to milk animals or assist in the condut fo othe dairy or assist in the conduct of the dairy or reside thereijn . disinfection of infected vehicles . Recovery of cost of disinfection and payment of compensation for damage . Appointment of authorised cemeteries and closing of cemeteries . [s. 90 contd. ] penalty for improper barial and depositing of urns. Removal of dead bodies and remains . [s. 92 coutd. ] [s. 92 coutd. ] reimbursement of expenses to the board . Recovery of expenses by the board . Ordinance no. 6 of 1875. Granting of certificates by board . Penalty for obstructing officers of the departmetn in execution of their duties . Authorsed building materials . construction of execeptional buildiings. Structures of glass, iron , &c , subject to the approval of building authority . Buildings in districts outside an urban district may be of wood . Construction of walls regulated . thickness of external and party walls. sec. 101 to apply to walls hereaft3er erected or re-erected . Limitation of length of walls . Cross walls . Wall over 76 fet in height to be approved by building authority : measurement of height of walls . Tie-rods required for external walls more than 30 feet in length . Thickeness of cross walls to be two-thirds that of main walls . damp-proof courses to be provided . Construction of foundations . Retaining walls. Party walls to b ecarried up above roof. openings through party or external walls . Recesses . Returns to shojp fronts. Openings and recesses to be arched or spanned . Lath and plaster wall prohibited. bonding of walls of domestic buildings . Bearing of bressummers and lintels . Impermesble floors to be provided . [cf. S. 267.] repairs to impermeable material over ground surface. [cf. S. 267.] level of the ground floor to be above level of ground outside . Distance between floor timbers of contiguous buildings . Floors to rest on corbels of brick or stone-work . Space to be left between floors . Height of storeys in certain buildings. certain spaces not to be used for habitation . ventilation under board ed floors in the lowest storey . Rules as to mezzanine floors or croklofts . wooden flours to be water-tight . Cement skirtings required . Rules as to tread and rise of stairs. Ceilings prohibited ouside European reservation . Corbels to be of stone or brick . covering of roof to be of incombustible material . Space between timbers of contiguous buildings . Platforms on roofs prohibited.. roofs to rest upon brick or stone-work . Bond timbersl or wood-plates not to be built in to walls . timber or wood-work near flue or chimney-opening prohibited . Rules as to construction of arches . Material for coping, cornices , etc. eaves-gutters, and rain-water. down-pipes to be provided . Projections into public thoroughfares prohibited. Provise in case of public buildings . Encroach ments on or over unleased crown land regulated . Schedules E and F. schedule G. balconies forbiden in streets less than 25 feet wide ; or when the building exceeds in height one and a quarter times the width of the street . Verandahs forbidden in streets less than 50 feet wide. Limitation to height of verandahs and balconies not to be inclosed. [cf.s.230.] kitchen accommodation to be provided in domestic buildings . Limitation of extent of kitchens in domestic buildings outside the European Reservation or Hill District. Construction of chimneys or fireplaces. Fireplaces adapted for use of charcoal or wood to have hoods. Floor under oven, stove, or fireplace to be imcombustible. Chimneys not to be fixed near wood-work. Thickness and height of chimney above roof. Corbelling and foundations of chimneys regulated. Thickness of back of chimney-opening. Fire escapes to be provided. Windows in rooms required. Limitation of depth of buildings. [cf. S. 264B.] Compensation. Measurement of depth of a building. Rooms in existing domestic buildings without windows or sky-lights prohibited. [cf. Ss. 230 and 264B.] After 3rd July, 1908, cubicles to be provided with specified windows. Ordinance No. 6 of 1889. Construction of screens and partitions.; Structure of ping fung. Structure of accountant's office. Conditions under which cubicles may be erected or maintained. [cf. Ss. 230 and 263.] [s. 154 contd.] Governor in Council on representation of the Board may order demolition of storeys, provision of additional windows, and other works in certain cases, subject to compensation. Imposition of special improvement rate. Ordinance No. 6 of 1901. Governor in Council may permit owner to carry out work. Obstruction of widows prohibited. Construction and dimensions of latrines. Ventilation of latrines and rendering of walls with cement. Construction of floor of latrines. Latrines not to be connected directly with drain. Direct connexion of water service with latrines, etc., prohibited. Receptacle and seat in latrine to be provided. [cf. S. 230.] Construction of water closets and urinals without permission prohibited. Removal of insanitary water closets and urinals. Latrines to be provided in factories, etc. Latrines to be provided for tenement-houses. Inadequate provision of latrines to be dealt with by the Board. Sanction of the board for creation of public latrines. Board may apply to Government for additional public latrines. Notification of intention to erect latrine. Objections to such erection. Resolution of the Legislative Council where objection is made. No injunction to be granted or suit to be brought in certain cases. Existing public latrines protected from injunction. Board to control public latrines. Saving of existing rights. Open spaces to be provided for existing buildings. [cf. Ss. 263 and 264B.] Buildings with two main frontages. Obstructions in such open spaces prohibited. Modifications in special cases Open space between new building and hill-side. [cf.s.264B.] Sub-soil drainage of such open spaces. Structures in areas prohibited. Open spaces to be provided at the rear or side of new buildings on land hereafter leased by the Crown. Open spaces to be provided at the rear or side of buildings on land already leased by the Crown. [cf. S. 264B.] [s. 180 contd.] Means of access to open space of domestic buildings from scavenging lanes. New private streets to be approved by Building Authority. Width of new private streets. Space in front of new buildings in private lanes. Obstruction of streets by buildings prohibited. [cf. No. 1 of 1845, s. 30A.] Compensation in case of refusal to allow recreation. Maintenance and lighting of private streets. [cf. No. 13 of 1914, s. 8.] Refuse removal. Limitation of height of buildings. [cf. S. 264B.] Height of buildings on land not yet leased. Limitation of number of storeys. Method of determining height of buildings. Sub-soil drains to be provided when required. Drains to be provided in new buildings. Drainage works to be carried out by persons approved by Building Authority. Drains in existing buildings to be amended or reconstructed if defective. Schedule M. Groups of buildings to be drained in combination if required by Building Authority. Owner's liabilities as to drains. Suspected drains to be opened by an officer of the Building Authority. House drains in places other than urban districts. Open drains in places other than urban districts. Sumps to be provided where there is no public drainage system. Drain connexions with main sewers to be regulationed by Director of Public Works. Chinese domestic buildings within European Reservation or Hill District prohibited. Building Authority to inspect any such building on complaint. Restriction not to apply to the residences of Chinese in the European Reservation or Hill District. Existing rights to the Government to regulate type of buildings to be erected preserved. Occupation of now building without a certificate prohibited. [cf. s. 267 and No. 14 of 1922, s. 9(2).] Shoring and fencing of dangerous building. [cf. S. 207A and No. 14 of 1922, s. 4 (6).] Taking down dangerous building. [cf. S. 207A and No. 14 of 1922, s. 4(6).] Shoring or taking down dangerous building at costs of owner. [cf. S. 207A and No. 14 of 1922, s. 4(6).] Procedure in cases of emergency. Powers of magistrate in case of dangerous building. [cf. S. 34 and No. 14 of 1922, s. 4(6).] Hoardings and scaffoldings in thoroughfares to be sanctioned by Building Authority. Inflammable structures not to be erected without permission, and prohibited within gathering ground of a public reservoir. Schedule H. Precautions to be adopted when blasting. [cf. No. 1 of 1845, s. 30A.] Regulations as to earth cutting, etc. [cf. No. 1 of 1845, s. 30A.] Schedule J. Timber yards to be inclosed. Wells not to be sunk or re-opened without permission of Building Authority. Exclusion of surface water. Excavation allowing stagnant water prohibited. Closing of insanitary wells. Building over drains, etc. [cf. S. 264B.] Nullahs. Powers of Director of Public Works. Interference with any drain, nullah, catch-water or water-channel prohibited. Construction of boundary or inclosure walls. Construction of retaining walls. Consent of Building Authority required in connexion with all new works. [cf. S. 267.] [s. 222 contd.] Schedule K. Plans to be submitted. Building Authority to notify if plans are not regular. Amendment of plans. Deposit of plans. Misrepresentation in plans punishable. Power of magistrate to require compliance with Ordinance. Misrepresentation. Further plans to be considered only if former plans withdrawn. Notice of commencement of resumption of works. Schedule K. In case of emergency, notice may be given after commencement of works. Certificate of authorised architect required before alteration to existing building. [cf. S. 267.] Power to enter and inspect buildings. Openings in building may be made. Director of Public Works may stop or divert traffic. Building nuisances defined. Notice to abate building nuisance. Schedule L. Magistrate's order empowering abatement of nuisance. Recovery of expenses of abatement of nuisance by sale of materials. Distress in case of non-payment of expenses. Saving of other remedies for nuisances. Method of service of notice, summons or order. Provisions concerning buildings on line of junction when adjoining lands are unbuilt on. Rights of building owner in relation to party structures, etc. [s. 237 contd.] Existing prior buildings. Requirements of adjoining owner in relation to party structures. Differences between owner and adjoining owner. Notice to be given by building owner before work commenced. Differences between building owner and adjoining owner. [s. 240 contd.] [s. 240 contd.] Right of entry of building owner. Underpinning or strengthening of foundations of adjoining building. Adjoining owner may require security to be given for payment of expenses. Expenses to be borne jointly by building owner and adjoining owner. [s. 244 contd.] Expenses to be borne by the building owner. Proportion of expenses which may be borne by adjoining owner. Statement of expenses to be submitted by building owner. Difference between building owner and adjoining owner as to expenses. Failure by adjoining owner to express dissatisfaction to be deemed acceptance. Adjoining owner failing to contribute, building owner to become sole owner. Adjoining owner liable for expenses incurred on his requisition. Other easements and rights in regard to party structures preserved. Submission of claim. Appointment of arbitrators. Principles on which compensation to be based. Ordinance No. 6 of 1901. Evidence to be received. Effect of such evidence on compensation. Vacancies among arbitrators. Contraventions. Recovery of penalties. Penalty for building nuisance. Penalty for refusing to obey magistrate's order or for obstructing Building Authority. Penalty for other contravention. Liability of secretary or manager of company. Proceedings against several persons. Closure of premises by order of magistrate. Power of magistrate to order removal of illegal structures. Power of magistrate to authorise officer to enter and inspect premises. Power of Building Authority to grant modification or exemption in certain cases. Appeal to Governor in Council against decision of any person entrusted with powers under this Ordinance. Governor in Council empowered in any appeal to state case for the opinion of Full Court on question of law. Order of Governor in Council enforced by the court. Breach of condition of modification or exemption. Registration of modification and cancellation thereof. Governor in Council may make regulations. Schedules C, E, F, G, H, J, K, L and M. Application of Ordinance to New Territories, etc. Application of ss. 204, 222 and 225 limited: type-plans. Certificates granted under Ordinances repealed preserved. Limitation of personal liability of members of the Board, Building Authority, and others. Protection of persons acting under the Ordinance. Ordinance No. 31 of 1911. Saving of rights of the Crown. [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [cf. Ordinance No. 1 of 1903, s. 10.] Ordinance No. 38 of 1909. [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule B contd.] [Schedule C contd.] [Schedule G contd.] Interpretation. Proximity to buildings. Application. Proximity to telegraph and telephone wires. Contraventions. Penalty. Sanitary maintenance. Removal. [Schedule H contd.] Application of Regulations 10-19. Preparation of site. Distance from hill-side. Notice to be affixed. Kitchens. Latrines. Drainage. Overcrowding. Sleeping accommodation. [Schedule H contd.] Exemption. Protection of plantations. [Schedule J contd.] [Schedule K contd.] [Schedule M contd.] [Schedule M contd.] [Schedule M contd.] [Schedule M contd.] [Schedule M contd.] [Schedule M contd.] [Schedule M contd.] [Schedule M contd.] [Schedule M contd.]