Description
No. 1 of 1903.
To consolidate and amend the laws relating to Public health and
to Buildings
PART I.
[21st Febrtiary, 1903.]
PRELIMINARY.
1. The Public Health and Buildings Ordinance, 1903.
2. The by-laws contained in schedule B shall be deenied to have
been duly made by the Sanitary Board, approved by the Legislative
Council, and gazetted, tinder this Ordinance, and shall remain in
force until altered, amended or revoked.
Is. 3, rep. No. 8 of 1912.]
4~ As amended by No. 50 of 1911.
+ As amended by No. 1 of 1912 and No, 2 of 1912.
As amended by No. 30 of 1911 and No. 2 of 1912,
; As affiended by No. 1 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 Government or upon any land vested in
any person on behali of the naval or military departments of His
Majesty's service; but all the provisions of this Ordinance in relation
to hoardings, scaffoldings, and verandahs, balconies and areas on or
over or into unleased Crown land shall apply without exception tb
all buildings throughout the Colony.
15. Nothing herein contained shall vary or affect the rights or
liabilities as between landlord and tenant under any contract be-
tween them.
6. In this Ordinance-
1. ---Adjoining owner--- ineans the owner or one of the owners,
and ' adjoining occupier--- means the occupi of the
occupiers, of land, buildings, storeys or rooms adjoining those of
the building owner '.
2. Author of a milsance--- means the person by whose act,
delault, permission, or sufferance the nuisance arises or continues.
3. ' Authorised architect' means any individual whose name
ai)t)ears in the hs'. of authorised architects hereinafter provided for.
4. ' Bake-house--- means any premises on which bread, biscuits
or confectionery are baked ior sale as food for man, and also includes
any premises on which such food is 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 support-
ed 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, latrine, gallery, chimney, arch, bridge,
out-house, stable, shed, matshed, warehouse, factory, $bop, work-
shop, brewery, distillery, godown, or place of secure stowage, also
any wall, roof, covered way, and any sunshade over any street.
~1 As amended by 'No. 8 of 1912.
f As an'iende-d by No. 1 of 1912.
5 As anlended by l.,'o. 14 of 1908 and No. 43 of 1912.
9. ---Building Authority.' means the Director of Public Works
orsuch other person as the Governor-in-Couricil may appoint to give
effect to the provisions of Part 111 of this Ordinance.
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 com-
mencement 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.
11. ' Building owner ' means such one of the owners of adjoin-
ing land as is desirous of building, or stich 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 affect-
ing that party wall or party, structure.
112. ---Cattle ' means bulls, cows, oxen, heil'ers, calves and
buffaloes.
13. ' Cement ' means Portland cement.
[para. 14, rel). 20 of 1903:. rel). No. 31 of 1911.]
15. ' Common lodging-house---includes any house or part thereof
or other permanent structure where male persons of the labouring
artizan or mechanical classes, riot being members of the same
family, to the number of 10 persons or upwards are housed, but does
not include a house or permanent structure where shopmen or
domestic servants are housed by their employers.
15. ' Colonial Veterinary Surgeon--- includes any veterinary
surgeon or medical practitioner authorised by the Governor to per-
form the, duties of the Colonial Veterinary Surgeon under this
Ordinance.
16. ' Cross wall ' mean~ any wall of brick, stone, concrete or
other incombustible material, other than a partition wall of the
height of one storey only, used, or built in order to be used, as a
* As amended by No. 50 of 1911 and
+ As amended by No. 1 of 1912 and
As amended by No. 14 of 1908.
As amenlled by No. 8 of 1912.
separation of one part of any building (including the yard) from
another part of the same building, such parts being accessible
through a common entrance.
17. ---Cubicle---means any portion of a room which is partitioned
off for the purpose of being used as -- sleeping place and which is
not provided with a skylight, window or windows of its own
(independently of the window area of the roorn. 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-teDth of the floor area of such portion of such room and
capable of being opened to the extent of one hall at least, and having
a glazed area equal to one half at least of the total area of such
window or windows.
18. ---Dairy--- ineans and include3 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 building, or to passengers.
2L ---Dangerous trade--- ineans any wanniacturing process or
handicraft in which lead, arsenic, mercury, phosphorus or any
other poisonous substance whatsoever is used.
21a. ---Department--- nicans the Sanitary Department.
22.'---Domestic building---ineans any building constructed, used,
or adapted to be used, wholly or partly, for human habitation, but
does not include any building where caretakers 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 soidhern or south-eastern side
of a dividing line beginning from a point on the Pokfulam Road
at No. 1 Bridge and passing along Pokbilam. Road, High Street,
Bonham. Road, and Caine Road as far as Ladder Street, thence
As amended by No. 2 of 1912 and No. 8 of.1912
As amended by No. 8 of 1912.
As amended by No. 1 of 1912 and No. 8 of 1912.
along Ladder Street to the north-western corner of Inland Lot 398,
thence along the north-eastern boundary of the said lot and-
the northern boundary of Inland Lot 574 and bisecting Inland Lof s
523, 423, 157 and 94, thence along the northern boundaries of
Inland Lots 100, 1086, 122 and 123, thence along Shelley Street and
the northern boundary of Inland Lot 125, thence along Chancery
Lane, Arbuthnot Stel)s, Wyndham 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 47A, 47 and 1211 until
it meets the southern boundary of Inland Lot 1210 produced, thence
in a strairht line to the south-east corner of Inland Lot 12,10, thence
in a straight line to the north-west corner of Inland Lot 1593, and
thence along Wanchal Gap Road and Kennedy Road terminating
at the junction of Rennedy Road with Queen's Road East. The
lateral boundaries to be formed by lines drawn southward froin the
beginning and terinination of the aforesald dividing line until they
meet the southern boundary of the City of Victoria. It also in-
eludes any such other area as the Governor-in-Council ina,y define
and notify in the Gazette.
25. ---Exceptional building---means any public building, factory,
work-shop, pawn-shop, or building intended for special uses, or any
building of glass, iron or other material not provided for in this
Ordinance, and includes any warehouse or godown and also the fire-
places, kilns, furnaces, chimneys, flues and shafts of any bakery,
opium boiling-house or factory.
26. ---External air--- means the air of any space- which is verti-
cally 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 13 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 dimen -
sion of not less than 5 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.
* As amended by No. 23 of 1903.
drugs or water.
28. ---Factory '' means any building or part of a building. in which
machinery is worked by steam, water, or other mechanical power,
f6r 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 ol such platform.
---Food---means any article used for food or drink other than
31. ---Hill-side--- means the face of the natural hill, or the face
of any semp or retaining-wa.11 built to support the sarne, or any
artificial filling in or terracing, with earth behind such scarp or
retaining-wall inade with the object ol suporting a street or form-
ing a. site for a building.
32. ---Fill District--- rueans any part ol the island of Hongkong
abov(5 the 700 feet contour, excer)t Chinese villages
33. ---Householder--- means the actual tenant or occupier ol any
building, or in cases where there is no such person, then the owner
of such building, and, in the case ol corporations, companies, and
associations, the secretary or manager thereof.
34. ---Eeeper ol. a common lodging-house -. means any person
licensed to keer) a common lodging-house.
3.5. ---Latrine,--- includes---privy -.
[para. 36, rel). No. 8 of 1912.1
37. ---Main wall---means either an external or a party wall.
38. ---Mezzanine floor -, or---Cockloft ', Includes any floor, other
than a ground floor, and any platform or landing, of a. greater length
than 7 feet and of a greater breadth than 3 feet, which has not a
clear space of 9 feet ineasured vertically, both above and below it,
and which is not separately provided with a window or windows
opening directly into the external air and having a total glazed area
equal to at least one-tenth of the floor area.
39. ' New building ' includes any building begun after the com-
mencement 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 the roof and
the re-construction of at least one half of each of any two of its
As amended by No. 8 of 1912 and No. 43 of 1912.
As amended by No. 14 of 1908 and No. 8 of 1912.
main walls, whether at the same time or by instalments 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 dofflestic building
of any building not originally constructed for human habitation, and
the conversion into more than one domestic building of a building
originally constructed as one domestic building only.
lparas. 40, 41, rep. No. 8 of 1912.]
42. ' Occupler--- means any person in actual occupation of an
premises.
43. ---Offensive trade--- includes the trade of blood-boiler, bone-
boiler, fellmonger, soap-boiler, tallow-melter, tripe-boller, and any
other noxigus or offensive trade, business or manufacture whatso-
ever.
44. ' Owner ' includes any person holding premises direct frorn
the Crown, whether under lease, licence or otherwise, and also any
person for the tirne being receiving the rent of any solely
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 such owner as above defined cannot be
found or ascertained or is absent from the Colony or is under dis-
ability, the agent of such owner; and if there is no such agent, the
occupier; and for the purposes of this Ordinance, every mortuagee
in possession shall be deemed an owner.
44a. ---Partition-wall--- means any wall of the height of one
storey only, or of a less helg-lit, used or constructed to be used for
separating one part of a building from another part of the same
building, and not coming under the deflifition of ---cross wall
11 external wall ', ---main wall ' or ---party wall -.
45. ---Party wall---means a wall forming part of a building and
used or constructed to be used in any part of the height or length
of such wall for the separation of ddjoining buildings belonging to
different owners or occupied or constructed or adapted to be occupied
by different persons.
46. ' Party structure---means a party wall, and also a partition
floor or other structure separating, vertically or horizontally, build-
ings, storeys or rooms which belong to different owners.
14 by No. 14 of 190SI
As amende
47. Person--- includes a body corporate., a partnership, and all
association of persons unincorporated.
48. ---Premises---includes any land, building, or structure of any
kind, footway, yard, alley, court, garden, stream, nullah, pond,
pool, paddy-field, marsh, drain, ditch, or place open, covered or
enclosed, cesspool or foreshore, also any vessel lying within the
waters of the Colony.
48a. ---President---incans the President of the Sanitary Board.
49. ---Public building---includes any building, riot in the occupa-
tion of the Naval or Military Departments, used for public worship,
public instruction, public assembly or public recreation ; and also
any building used as a hotel or as a ptiblic hall or hospital, -or for
any other public purpose whatsoever.
50. ---Public latrine--- rneans any latrine to which the public are
admitted on payment or otherwise.
51. ---Room--- includes sub-division of any storey of any
domestic building other than---
(1) a ctiblelc :
(11) a drying-room, store-roont, pantry, lobby or landing
is not used for sleeping purposes.
52. ---Secretary---and---Assistant Secretary mean the secretary
and assistant secretary of the Sanitary Board respectively.
53. -. Storey--- means the space between the upper surface of
every floor and the, upper siirface of the floor next above it, or, if
there be no such floor, of the roof next above the said floor, but does
not include any space which is provided for the purpose of ventilu
tion or any space which has a less height tban 9 feet.
54. ---Street---includes any square, court or alley, highway, lane,
road, or passage whether a thoroughfare or not.
55. ---Tenant---
householder the whole or any part of any floor or floors of any
building.
56. ---Tenement house---means any domestic building construct.
ed, used, or adapted to be used for hunian habitation by more than
one tenant.
means any person who holds direct frorn any
As amended by No. 8 of 1912.
As amended by No. 23 of 1903.
As amended by No. 14 of 1908.
5 7. ---Urban district---includes the City of Victoria and any such
other area as the Governor-in- Council may define and notify in the
Gazette.
158. ---Verandah ' means any stage, platform, or portico project-
ing from the niain wall of any building and supported by piers or
columns.
59. ---Vessel--- means any steam or sailing ship, latinch, motor-
boat, junk, lighter, sanipan, or boat.
59a. Wall--- includes ' cross wall external wall main
wall ', rartitlon wall ', ---party wall and every other kind of
wall whether supporting any structure or not.
60. ---Width of street. '-For the purposes of this Ordinance
the width of a street on Laileased Crown Land sliall 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 land held under least from the Crown
the width of a street shall be the shortest distance ineasured be.
tween the building lines as shown on a block plan of the property,
whic h plan shall extend, on all sides, to the Dearest streets over
unleased Crown Land. Provided that in the case of divided owner-
ship 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. furthei block plan for
the laying out of the entire property in some other inanner shall have
been submitted to and approved by the Building Authority and
subscribed to by the respective owners. For the purpose. of deter-
mining such btulding lines, the main walls of the building includ.
ing any buttresses or projection party walls, shall be taken.
60a. ---Window--- means a structure placed in an opening in the
wall of a building and consisting of glazed sashes hinged to or sliding
within a framework of wood, metal, brick.or cement, so arranged as
to admit light and capable, when opened, of also admitting air.
61. ---Works ' includes the partial or total constructing, recon-
structing, pulling down, opening, cutting into, adding to, and
As amended by No. 1 of 1912.
As amended by No. 2 of 1912.
As amended by No. 14 of 1908.
As amended.by No. 14 of 1908 and No. 8 of 1912.
altering any building, wall, retaining wall, chimney-stack, flue,
ground, road, well, drain, sewer, pier, wharf, fence, and any other
building operation whatsoever.
62. ---Workshop--- means any building or part of a building in
which manual labour is exercised for purposes of trade.
[para. 63, rel). No. 8 of 1912.]
7. The Governor-in-Council shall notify 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 per-
formed by an ---authorised architect -, which shall include the
names of the Director of Pubtle Works and of such other officers of
the Public Works Department as the Governor-in-Council may
think fit. The. Governor-in-Council may also add to such list the
names of any other persons whom he may deein qualified as afore-
said, 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 counjel, before such removal is made. All such altera-
tions shall be dotified in the Gazette. Such list as altered shall be
deemed to be the list of authorised architects.
PART 11.
PUBLIC HEALTH.
Constitution and General Powers of the Sanitary Board.
8. The Sanitary Board shall consist of the Head of the Sanitary
Department (who shall ex officio be President of the Board), the
Director of Public Works, the Registrar General, the Medical
Officer of Health, and not more than six additional members, four
of whom (two being Chinese) shall be appointed by the Governor;
and two elected by such persons as are included in either of the
jurors lists referred to in section 7 (3) of the Jury Ordinance, 1887;
and also by the following persons exempted from serving as Jurors---
unofficial members of the Executive or of the Legislative Council ;
barristers and solicitors on the roll of the Supreme Court; medical
practitioners; dentists in actual practice in the Colony.; persons
registered under the Pharmacy Ordinance, 1908; clergymen of the
Church of England, Roman Catholic priests, ministers of any
As amended by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912
As amended by No. 14 of 1908, No. 60 of 1911 and No. 1 of 1912.
congregation of Protestant dissenters or of Jews functioning in the
Colony; masters of any school, other than a vernacular school, in
the Colony; professors, lecturers and other academic officers of the
University of Hongkong; editors, sub-editors and reporters of any
daily newspaper published in the Colony; pilots licensed under the
Pilots Ordinance, 1904; and persons of sound mind who have
previously been inehided in either of the said jurors lists but have
been removed ther'efrorn on accotint of age or infirmity. Non-official
members shall hold office for 3 years.
The Head of the Department shall give such directions as may
be necessary for carrying out and giving effect to the decisions of
the Board, and shall be responsible for the adinimstration of the
Department.
9. All matters relating to the election of the said menibers shall be
governed by the rules contained in schedule C until they are altered
by the Governor-in-Coun ell.
10. The Governor shall appoint the vice-president of the Board,
and the names of all members appointed to the Board shall be forth-
with notified in the Gazette.
. 11. If any member of the Board be at any time prevented
for more than 6 months by absence or other cause from acting, the
Governor may appoint, or if the member has been elected, the
electors inay nominate, sorne other person to replace such member,
until he shall return or be able to resume his functions.
12. The Board shall be held to be legally constituted notwith-
standing any vacancies occurring therein by the death, absence,
resignation, or incapacity of any member.
13.-(1) The Board shall meet 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 2, requisition signed by 3
members of the Board, summon a meeting thereof.
(2) Any 4 members shall be a quorurn, and at every Meeting the
President or vice-president shall be chairman, or, in their absence,
A2 amended by No. 14 of 1908, No. 50 of 1911, No. 1 of 1912 and
No. 2 of 1912.
As aniLeiided'by No. 23. of 1903 and No. 1 of 1912.
As amended by No. 8 of 1912.
As amelided by No. 1 of 1912 and No. 2 of 1912.
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 regulating the
procedure at its meetings.
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.-(1) The Board inay by resolution delegate any of its powers
and functions to the medical officer of health or to any assistant
inedlical officer of health, or to such select conirnittees as aforesaid,
with full powers to enforce any of the provisions of any Ordinance
or by-law conferring powers on the Board or providing for the more
effectual sanitation ofthe Colony, and inay revoke such delegation.
(2) Any failure to comply with the or ders of the medical officer
of health or of any assistant medical officer of health, or of such
select committee, duly signed by the secretary of the Board, shall
be punishable in the sanie nianner 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 whetfier the same are in an
overcrowded condition;
(b) for the purpose of ascertaining the sanitary condition, clean-
liness and good order thereof or any part thereof -and of any
mezzanine floors, storeys, cocklofts or partitions therein, oi the
condition of any drains therein or in connection therewith.
[paras. 2, 8, 4, rep No. 14 of 1908, s. 6.]
5. The erection of public latrines and applications for permission
to erect such latrines.
6. The sanitary maintenance of public latrines, urinals, dust-
bins, and manure-dep6ts.
A- ainended by No. 23 of 1903, No. 50 of 1911 and No. 1 of 1912.
,^70. .50 of 1911 and No. 1 of 1912.
+ As arnended by No. 14 of 1908, \
As aniended by No. 14 of 1908, No. 1 -of 1912 No. 2 of 1912 and
No. 8 of 1912.
7. Surface scavenging, the removal and disposal of night-soil and
of other refuse.
8. The cleansing and removal of refuse and all objectionable mat-
ter 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 buildings.
11. The cleansing, lime-whiting., 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 Ithereoll, and marking on the
exterior or interior of such buildings the number of persons
permitted to occupy the saine 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 ayainst the earth or soil.
[para. 16, rep. No. 14 of 1908, s. 6.]
17. The licensing, regulation and sanitary maintenance of
common lodging-houses, and the sanitary maintenance of emi-
gration houses or dep6ts, factories, workshops, brewerie.s, distilleries,
theatres and places of public instruction, recreation, or assembly.
18. The prohibition of the establishment within certain limits of,
and the control of, any noxious or offensive trade, business,
or manufacture.
19. The regulation of bake-houses, dairies, aerated water manu-
factories, and food-preserving establishments.
20. The regulation of public baths, laundries, and wash-houses.
21. Prohibiting the importation or landing of cattle, swine, sheep,
and goats otherwise than at such times and places, and subject to
such conditions regarding inspection, marking, isolation, subse--
quent disposal, and payment of inspection fees, as may be prescribed
by such by-laws.
22. The licensing and regulation of depots and pens for cattle,
swine, sheep and goats.
23. The construction, licensing, and proper sanitary maintenance
of pig-sties in private premises.
24. Providing for the regular inspection of all places where
animals are kept.
25. The regulation and sanitary maintenance of slaughter-
houses, including the slaughter of cattle, swine, sheep and goats
therein, the removal of their carcases therefrorn, the conveyance
of the same through the streets or otherwise, and such other
matters and things in relation to the management 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 suspected
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.
1
28. Authorising the declaring 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, fodder, 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, includ-
ing the sale of food provisions and meat therein, the removal of food
provisions and meat thereto or therefrom, and such other matters
or things in relation to the management of markets as may
be deemed desirable.
[pain. 31, rep. No. 14 of 1908, s. 6.]
32. The prevention of the man-afacture or sale of unsound,
adulterated, or unwholesome food.
[para.. 33, rep. No. 14 of 1908, s. 6.1
34. The compulsory reporting of infections, contagious, or corn-
municable disease.
35. The prevention as far as possible, or mitigation of any
epidemic, endemic, contagimis or infectious disease, including,
inter alia, provisions---
(a) for the removal of persons suffering 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, cloth-
ing or other articles ;
(e) for the compulsory vacating of hotises;
(f) with regard to rats, and the ineans and precautions to
be taken on shore or on board vessels In the ,vaters of the Colony,
for minimising their numbers and destroying them, and for pre-
venting them from passing from such vessels to the shore or frorn
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 mat ters or things as inav appear to the Board
advisable for preventing or mitigating such diseases.
36. The compulsory vacating of infected premises, and the dis-
infection 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.
39. The disposal of the dead, the regulation and sanitary main-
tenance of cemeteries, 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 therewith ; also the regulation and
Canitary maintenance of mortuaries and the disinfection of dead
bodies.
The Board may in any such by-laws impose fines for any breach
thereof not exceeding 50 dollars in each case.
17. All by-laws made by the Board shall be submitted to
the Governor, and shall be subject to the approval of the Legis-
lative Council; and, when so approved, they shall be published in
the Gazette in English and Chinese.
18. The President may punish any officer or servant of the De-
partment whose salary does not exceed $2,000 or X2200 per annum,
for misconduct or for neglect or breach of duty by a fine not
exceeding 10 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 rernit 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 ---Miscondtict Book.---
Such fines shall be applied to the general good of the officers and
servants of the Department in sneh nianner as may be directed by
'overnor.
Sanitary Staff and its Poicers.
19. The Governor may appoint a secretary and an assistant.
secretary to the Board, a medical officer of health and assistant
medical officers of health, sanitary sw-veyors and sanitary inspec
tors, and a colonial veterinary all of whom shall be officen,
of the Department: and may also appoint such servants of the
Department as the President 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 President to per-
form all or any of the duties of the secretary or of the medical officer'
of health respectively, and all notices, certificates and other instru-
As amended by No. 8 of 1912.
Asamended by No. 23 of 1903, No. 50 of 1911, No. 1 of 1912,
No. 2 of 1912 and No. 8 of 1912.
As amended by No. 23 of 1903, No. 50 of 1911, No. 1 of 1912 and
No. 8 of 1912.
ments signed by any such person under the authority of the
President shall be deemed to have been duly signed.
Ls. 20, rel). No. 8 of 1912.]
21. The medical officer of health and any assistant medical officer
of health may, with or without assistant as he may deem desir-
able, at all tunes between 6 a.m. and 6 p.m. enter and inspect
any house or premises for the purpose of ascertaining the sanitary
condition thereof, or of ascertaining whether any infectious or
contagious disease exists therein.
Provided always that unless in the opinion of such officer any
delay in entering and inspecting may, or is likely to, prove injuriou's
or detrimental to public health, lie shall in each case before entering
and inspecting, if the occupiers oller any reasonable objection
thereto, give them 2 hours' notice in writing of Ills intention, by
leaving such notice with thein or at the house or premises which he
intends to enter and inspect. In the case of Chinese occupiers such
notice shall be in the Chinese character.
22. The inedleal officer of health and any assistant medical officer
of health may also enter and inspect any hotise or prenuses at -any
hour of the day or night for the purposes mentioned in the foregoing
section without giving any stich notice as aforesaid, provided the
officer so entering has a special order in that behalf signed by the
President.
23. The Board shall have power by officers of the Department
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 thereof, and of the partitions, niezz.anine floors, storeys, and
cocklofts therein, or of the condition of any drains tnerein or in
connection therewith.
24. Any select committee of the Board, or any officer specially
authorised by the President, and subject to such directions as he
may impose, may enter and inspect at any time any domestic
As aniended by No. 1 of 1912 and No. 2 of 1912.
As amended by No. 1 of 1912.
As amended by No. 23 of 1903 and No. 1 of 1912.
As alixeudedby No. 23 of 1903, No, 51 of 1911 and No. 1 of 1912.
building for the purpose of ascertaining whether such building or
any part thereof is in an overcrowded condition.
Is. 25, Tel). No. 31 of 1911, s. 47.]
Niiisanccs.
26. The following shall be deemed to be -nuisances- liable to be
dealt with summarily in the manner provided by Part II of this
Ordinance :-
[para. 1, rel). No. 14 of 1908, s. 7.]
2. Any building or part ol 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 inmates.
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 to effectually exclude rats therefrom.
4. Any premises which are in such a dirty or in such an insanitary
condition as to be dangerous or prejudicial to health.
-5. Any street or road, or any part thereof, or any ivater-course,
nullah' ditch, gutter, side-channel, drain, ash-pit, sewer, privy,
urinal, or cess-pool so foulas to be noxious, or noisome, or unhealthy.
6. Any water-course, well, tank, pool, pond, canal, conduit, or
cistel.ii, the ~-atei. ol which, froin any cause, is so tainted with
impurities, or so unwholesome as lo be injurimis to the health of
persons living near, or tising siieli water, or which is likely to pro-
rnote or aggravate epidetnic disease.
7. Any- stable, cow-house, pig-sty, or otlier premises for the use of
animals, or in which live fisli or birds are kept, which is in such a
condition as to be injurious to the health of man or of such animals.
8. Any accumulation or deposit of stagnant water, still age-water,
manure, house-reltise, or other rnatter, wherever situated, which is
unhealthy.
9. Any noxius matter, or waste water, flowing or discharge,]
from any premises, wherever situated, into any public street, road,
or into the gutter or side-cliannel of any street or road, or into any
nullah, or water-course, or the bed thereof.
* As airiended by No. 14 of 1908 and No. 2 of 1912.
10. Any manufacture, trade, or business of a noxious, noisome,
or unhealthy nature.
11. Any cemetery or place of burial, so situated, or so conducted,
as to be unhealthy.
1.2. Any chimney (not bein,g the chimney of a private dwelling
house) or any furnace sending forth black smoke in such quantity as
to be a nuisance.
13. Any act, omission, or thing which is, or inav lie, dangerous to
life or injurious to health or property.
27.-(1) It shall be lawful lor the inedical officer of health or any
assistant niedicul officer of health on reasonable of the
existence of a nuisance on any premises, by an order in to
authorise any officer, with an assistant or assistants, to enter such
premises at any time between 6 a.m. and 6 p.m. and to inspect
the saine.
(2) The inspecting officer shall produce and show the order to any
person being, or claiming to be, the occupier of such premises
Provided that the inspecting officer shall not enter any house, or
upon any land which may be occupied at the tline, should such
occupier object to his entry, without previously giving the said
occupier 2 hours notice in writing of his intention to do so.
28. Any person refusing admittance to the sald inspecting officer,
alter such notice has been given, shall be liable to a fine not
exceeding 2.5 dollars.
29. On the recelpt of any information respectinp the existence of
a nuisance, the Boaid shall, if satisfied of its existence, serve a
notice on the person by whose act, default, or sufferance, the
nuisance arises or continties, or if such person cannot be ifflind, on
the owner or occupier of the premises on which the nuisance arises,
requiring him to abate the sanie within a reasonable time to be
specified in the notice, and to execute such works, and do such
things as may be necessary for that purpose; Provided that-
(1) where the nuisance arises from the want, or defective con-
struction, of any structural convenience, or, where there is no
occupier of the premises notice tinder this section shall be served
on the owner;
As ainended by No. 14 of 1908 and No. 51 of 1911.
As arnended by. Xo. 30 of 1911.
As amended by No. 2 of 1912 and No. 43 of 1912 Supp. Sched.
(ii) where the person causing 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.
30.-(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 tirne to be stated in the said notice.
(2) The secretary, th6 medical officer of health, any assistant
medical officer of health, or such other officer as the Board may
depute, may, however, institute suniniary proceedings before a
-Magistrate against any person contravening any by-law without the
previous issue of such notice by the Board, and the Magistrate may
impose a fine not exceeding 50 dollars.
31. If the person served with notice under section 29 or 30, is
dissatisfied therewith it shall be lawful for him within the time
therein specified, to apply to the Board to review the sarne, stating
the grounds of his application, and the Board shall, thereupon,
inquire into the matter, and shall confirin, inochly, suspend, or
discharge the said notice, or extend the time allowed for compliance
theriwith.
32. If such person has not obtained froni the Board a modifica-
tion or withdrawal of the notice, and continues to make default in
complying with the requirements thereof, or, in the case of
a nuisance, if the sarne, 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 summons,
requiring the person on whoni the. notice was served to appear
before him.
33.-(1)If the Magistrate is satisfied that the requirement of
the Board is legal, or that the alleged nuisance exists,-or that,
* As amended by No. 14 of 1908, No. S( of 1911 and No. 1 of 1912.
+ As amended by No. 2 of 1912.
As amended by No. 1 of 1912 and ~No. 2 of 1912.
As amended bY No. 30 Of 1911, 'NO. 51 Of 1911~ ~NO. 1 of 1912 and
No. 2 of 1912.
although the said nuisance is abated, it is likely to recur on the
same premises, he shall make an order on such person.-(a),
requiring him to comply with all or any of the requisitions of the
notice, or otherwise to abate the nuisance, within a tinte specified
in the order, and to do any works 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 recurrence of the
nuisance.
(2) The Magistrate may, by his order, inipose a fine iiot exceed-
ing 50 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 or 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 hunian
habitation, he inay by an order in writing probibit the use thereof
for that purpose until, in his ludgmeDt, it has been rendered fit for
lhat purpose, arid may direct that a copy of such order be. affixed to
the building in question, and inay 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, froin the dale thereof, such building
may be inhabited.
35.-(1), Any person not obeying an order to comply with the
requisitions of. the Board, or of the medical officer of health, or of
any assistant inedical officer of health, or of any select committee
of the Board, and failing to satisfy the Magistrate that lie has used
all due diligence to carry out such order, shall be flable to a
penalty not exceeding 10 dollars per day, during his default; and
any person knowingly and wilfully acting contrary to an order of
prohibition, shall be liable to a penalty not exceeding 2.5 dollars
per day so long as such action continues; moreover, the Board
may, by any officer of the Department, enter the premises to which
any order relates, and abate the nuisance, and do whatever inav
6e necessary in execution of such order, and recover, in a summary
manner, the expenses incurred by them from the person on whom
the order is made.
As amended by No. 1 of 1912 ard No 2 of 1912.
As amended by No. 23 of 1903, No. 14 of 1908, N2o. 30 of 1911
No. 1 & 1912 and No. 8 of 1912.
(2) Any person defacing any copy of a Magistrate's order which
has been affixed to any building or premises, shall be liable to a
fine not exceeding 50 dollars.
36. Notices issued by the Board relating to a nuisance shall
in the form in schedule D, with such modifications as may
be necessary.
37. Any such notice or order may be served by any officei or
servant of the Department by, delivering the same to or at
the residence of the person to whom it is addressed, and when
addressed to the owner of any premises it may, 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 sarne to some conspicuous part of the
premises.
Common Lodying-houses.
38. No person shall open, or keel) open, a common lodging-house,
unless the house is registered and the keeper thereof is licensed by
the Registrar General. If any person who opens or keeps open
any common lodging-house contrary to the7 provisions of this Or-
dinance, 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 house and shall be liable accordingly.
29. Any personwho in making application for the registration
or licensing of a common lodging-bouse, knowingly makes any false
statement regardiner aiiv of the particulars required to be stated in
such application, shall be liable to a fine not exceeding 25) dollars.
40. The keeper of a common lodging-house shall keep a register
of the naine, occupation, and native place of each lodger, and of
the dates of his arrival and departure, and shall at all times, when
required by any officer of the Department, give him free access to
such house, or any part thereof, and shall allow him to inspect such
register, and any such keeper who refuses such access or such
inspection shall be liable to a fine not exceeding 25 dollaw,
As amended by No. 50 of 1911 and No. 1 of 1912.
As amended by No. 23 of 1903 and No. 1 of 1912.
As amended by No. 2 of 1912.
As amended by No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912.
As amended by No. 23 of 1903, No. 30 of 1911 and No. 1 of 1912.
Public Washermen.
41. The Board may, by public notice, prohibit the washing of
clothes by washermen in the exercise of their calling except
at public wash-houses or at such other places as it may appoint for
.the purpose.
Factories and Workshops.
42. No person shall, after the commencenient of this Ordinance,
establish or carry on in any premises 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 Magistrate
may in addition to any penalty which he. may inflict for a, contra-
vention of this section, order the closing of any such premises for
such period as he may deem necessary.
For the purposes of this sect.ion any sneh business shall be
deemed to be established atter the date of the commencemetn ofthis
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 sarne set of premises after having been dis-
continued for a period of 12 months or upwards, or if any premises
on which it is carried on are enlarged without the permission of the
Board; but a business shall not be deemed to be established anew
on any premises by reason only that the ownership or occupancy of
such premises is wholly or partially changed, or that the building
in which it is established having been wholly or partially pulled
down'or burnt down has been reconstructed withourt 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.
43. Whenever it appears to the Board that any brewery or dis-
tillery, or any factory, workshop, or work-place is danip, or that it
is not adequately lit, or is not ventilated in such a manner as to
render harmless, as far as practicable, any gas, 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 during 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
As amended by No. 60 of 1911 and No. 1 of 1912.
As ainen(ledby No. 2 of 1912.
thereof to take such steps as the Board may consider necessary to
prevent such dampness, or to adequately 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 any building in which any
dangerous or any offensive trade is carried on.
Bassement
45. It shall not be lawful, without the written permission of the
Board, to live in, occupy, or use., or to let or sublet, or to suffer or
permit to be used, any basement for habitation or for occupation as
a shop, workshop, or factory, or for the preparation or storage of
food, and no basement shall be so used unless it is well lit and
ventilated, and is free from danip 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 superficlial area, and 5.50 cubic feet
of clear and -unobstructed inlernal air space, shall be deemed to be
in an overcrowded condition :
Provided that-
(a) 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.
(b) Every domestic building within the European Reservation,
or within the Hill District, and any part thereof, (with the
exception of quarters occupied by servants), which is occupied by
more than one adult for every 1,000 cubic feet of clear and
unobstructed internal air space shall be deemed to be in an
overcrowded condition.
(c) The provisions of this section shall not apply in the case of
temporary structures provided for housing workmen during the
progress of works.
* 4s amended by No. 14 of 1908 and No. 1 of 1912.
47.-(1) It shall not be lawful for any 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
as to cause the same. to be in an overcrowded 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.m.
and 5 a.m. such overcrowding shall be deemed to be facic
evidence that such building, or part thereof, was let or sub-let in
contravention of this section.
48.-(1) If any domestic building or part thereof shall be found
to be in an overcrowded condition, any officer of the Department
being duly authorised so to do niav within .5 days apply to
a Magistrate to suinnion before him each tenant or householder of
such building.
(2) If it be proved that the said domestic buildinG, or any part
thereof was overcrowded within .5 days prior to the issue of the
summons the Magistrate may inflict a fine not exceeding .25 dollars
on the person summoned, and may further iiiake an order for the
.abatement forthwith of such overcrowding.
Any person not obeying any such order shall, if lie falls to satisfy
the Magistrate that he has used all due dilitrence to carry out such
order, be liable to a penalty not exceeding 10 dollars per day during
such default, and any person knowingly and wilfully acting contrary
to any such order shall be liable to a penalty not exceeding
2.5 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 doinestle building or any part thereof as the circumstances of
the case may require. Such order shall continue in force for a
period not exceeding one month.
[Proviso-No. 23 of 1903, s. 14-rep. INTo. 8 of 1912.]
* As amended by So. 51 of 1911 and No. 1 of 1912.
f As allicuded by No. 23 of 1903, No. 1 of 1912, No. 2 of 1912 aud
No. 8 of 1912.
49. Any room of a tenement-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
room to the height of the ceiling, be included in the calculation of
the cubic capacity for human habitation.
50. In the calculation of cubic space for the purposes of this Or-
dinance, two children of 10 years of age or tinder shall be counted
as one person, and every person over 10 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 any person
keeping any such animal, either without a licence front the Board,
03, in a inamier contraveninlg such sanitary conditions as may be
endorsed on such licence, shall be liable to a fine not exceeding 50
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 preinisses, ans, animal or other
creature used for human food in any way which may cause it need-
less or avoidable suffering.
Compensation for slaughter of Infected Cattle
54. The Governor-in -Council shall direct the following compen-
sation to be paid out of the public revenue for any infected cattle
Alaughtered tinder the provisions of this Ordinance
(1) when. the anitnal bas shown no symptoms of disease within 3
days after importation but has shown symptoms of disease within
14 days after importation, one third of its value when imported;
* As amended by No. 14 of 1908.
+ As amended by '.'s7o. 2 of 1912.
As amended by '-\o. 30 of 1911, i\o. 1 of 1912 and No. 2 of 1912.
As amended by No. 1 of 1912 and No. 2 of 1912.
As amended by No. 14 of 1908, No. 1 of 1912 and M' . 2 of 1912
(2) when the animal has shown symptoms of disease after being
over 14 days in the Colony, one half o its value immediately before
it became affected;
(3) when the animal has been bred in the Colony and has shown
symptoms of disease, one half of its value immediately before it
became affected;
(4) when the animal has shown no symptoms of disease but has
been in contact or in the same herd with diseased cattle, its full
value ;
(.5) when the animal has shown symptoms of disease on
importation or within 3 days alter importation no compensation
shall be given :
Provided that the compensation for one animal shall in no case
exceed 400 dollars.
55. The amount of compensation for animals slaughtered and
articles destroyed in connection with the disinfection of premises
infected with animal diseases, shall be fixed by the colonial
veterinary surgeon, and any person dissatisfied with his valuation
may appeal therefrom to the Governor-in-Council.
Dep6ts for Aninials.
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 dep6t for a longer period than 21 days; and pro-
vided also that any such animal which is condemned 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 grazing by an order
in writing.
Slaugh ter- houses.
58. A sufficient number of fit and proper slaughter-houses to
meet the requirements of the Colony shall be provided by the
As amended by No. 1 of 1912.
Asamended by No. 23 of 1908, No. 50 of 1911, No. 1 of 1912,
No. 2 of 1912 and No. 8 of 1912.
Government; and it shall be lawful for the Governor-in-Council to
grant to any person the sole privilege of slaughtering 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 such conditions as shall be deemed
expedient; provided always that the Governor-in-Council may at
discretion either lease the privilege of slaughtering such animals by
private contract, or appoint any officer of the Department or other
person to manage any or all of the public 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 or keeping open the slaughter-house a fine
not exceeding 50 dollars.
60. The lessee of the privilege of slaughtering cattel, swine, sheep
and goats shall enjoy, during the whole of the term of his lease, the
sole and excInsive privilege of slaughtering such animals in the
Colony, or in such such part as his lease may relate to, and shall
give such security for the payment oi the rent thereof and for the
due observarice of the by-laws re-ulating slaughter-houses as the
Governor-in-Council may direct.
61. The lessee of the privilege of slaiightering cattle, swine, sheel.)
and (foats shall not sub-let or assign any part thereof. without the
written permission of the Board.
62. No person shall slaughter any cattle, swine, sheep or goat, er
dress any carcase thereol, except within a slanghter-house*appointed
for that purpose; provided always that goats or sheep may be slaugh-
tered or dressed elsewhere byor 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 consideration as a fee, fine,
toll, rent or otherwise lor access or admission to, or for - slaughtering
any cattle, swine, sheep, or goat in any, slaughter-house. -
As amended by No. 8 of 1912.
As amended by No. 1 of 1912.
64. The mark known as the ---Broad Arrow--- shall be used for
the purpose of denoting the fitness of cattle or sheep to be slaughter-
ed for human food.
65. No cattle or sheep shall be slaughtered for human food in any
slanghter-house unless marked with the Broad Arrow.
66. If any person 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, he shall be liable,
on summary conviction, to imprisonment forany term not exceeding
6 months, or to a fine. riot exceeding 2.50 dollar,-,.
67. If any person passes, or attempts to pass into any slaughter-
house, any cattle, swine, sheep or goat which has not been inspect-
ed, passed, and (In the case of cattle or sheep) rnarked 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 anirvial shall each
be liable, on suminary conviction, to a fine not exeeding 100 dollars,
or to imprisonment for any terin iot exceeding inonths, and,
further, the Magistrate may order sitch aninial to be forfeited, and
thereupon it may be dealt with as the Governor rnay determine.
68. The colonial veterinary surgeon may cause starrips or other
instruments to be made for the purpose of establishing a special
official mark for beef, mutton, and pork before 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
rnark for the time being in use at any slaughter-house under the
authority of the colonial veterinary surgeon shall be the official mark
within the meaning of this section.
69. No person shall counterfeit or make use of, or attempt to
counterfeit or to make use olf, the official mark which is used for
beef, mutton, and pork. Any person committing an offence against
this Section shall be liable, on summary convictioli, to imprisonment
for any term not exceeding 6 months or upon conviction in the
* As amended by No. 2 of 1912.
f As amended by No. 30 of 1911, No. 1 of 1912 and No. 21 of 1912.
As amended by No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912.
As amended by No. 50 of 1911, No. 1 of 1912 and No. 8 of 1912.
As amended by No. 30 of 1911, No. 8 of 1912 and No. 21 of 1912.
Supreme Court, to imprisonment for any term not exceeding 2
years.
70. If an 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 any person in respect of
such destruction.
71. The Director of Public Works, the Registrar General, and
the Captain Suiperintendent 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-
house.
Markets.
72. All markets established at the commencement of this Ordi-
nance 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 market 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 of 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 the night
in any market except the police and caretakers recognised by the
President,
74. All market buildings shall be let by the Head of the Depart-
ment in such manner and on such conditions as shall be approved
As ai;iended by _No. 1 of 1912, No. 2 of 1912 and No. 8 of 1912.
Asamended by No. 23 of 1903, -No. 1 of 1912, No. 2 of 1912,
No. 8 of 1912 and No. M of 1912 Supp. Sched.
Supp. Sched.
1 As ameDded by No. 8 of 1912 and No. 43 of 1912 Supp. &hed.
As arneDded by No. 11 of 1909, No. 50 of 1911, No. 1 of 1912.
No. 2 of 1912 and No. 43 of 1912 Supp. Sched.
by the Governor-in-Council. Until such conditions and Manner of
letting shall be so established they shall be as follows
(1) They shall be let without fine or premium, either from month
to month, or for a term of years, for the highest rent 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 1Tead of the Department
or the lessee as the case may be..
(3) If the lettints is for a year or more, no notice of the expiration
of the term shall be necessary.
(4) No market building shall be let for more than 3 years except
at a higher rent than can be obtained for a 3 years' lease, nor for
any term exceeding a 5 years' lease, without the approval of the
Governor.
(5) All rents of market buildings shall be paid to the Head of the
Department in advance within the first 7 days of each nionth.
(6) The Governor may order the forfeiture of any lease of a
market building if it is proved to his satisfaction that the lessee has
used such market building for any other purposes than those per-
taining to the business of a market, or if such lessee has been con-
victed of a contravention of any by-law for the regulation or sanitary
maintenance of markets.
75. No lessee of any market building shall sub-let or assign the
same or any part thereof without 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 market building or any
fittings thereof shall be made or commenced 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 connection with
As ~amended by No. 11 of 1909, No. 1 of 1912, No. 2 of 1912 and
No. 43 of 1912 Supp. Sched.
As amended by~No. 43 of 1912 Supp. Sched.
the same, the Director of Public Works may summon such lessee
before a Magistrate, who may. summarily order him to execute such
repairs or other works within a reasonable time to be specified in
such 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 Quarry Bay, or in such
other villages as shall be named in any G'overnment notification,
sell or expose for sale in any place not being a public market within
the meaning of this Ordinance any articles of food for man usually
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 con-
siderations, 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;
(31) of fish, by licensed boatmen at a distance of at least 100 yards
frorn shore;
(4) of cooked provisions by and 7 licensed victualler or keeper of a
boarding house or refreshment room,.
(.5) of any food commoniv sold by chandlers and purveyors not
being rqw butcher's meat.
(6) public sales by licensed auctioneers.
80. Except as provided by this Ordinance, no person shall de-
mand 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 Superin-
tendent of Police, and their respective officers, as well as members
of the Board aDd officers of the Department, shall have at all times
tree access to every part of every market building.
As amended by No. 50 of 1911, No. 2 of 1912, No. 8 of 1912 and
No. 43 of 1912 Supp. Sched. This section also applies to the
villages of Aberdeen and Aplichau see G. N. 114 of 1912.
As amended by No. 1 of 1912.
As amended by No. 23 of 1903, No. 11 of 1909 and No. 1 of 1912.
Unwholesome Food.
82. No person shall sell or expose for sale or bring Into the Colony
or into any market, or have in Ins possession with out reasonable
excuse any food for man in a tainted, adulterated, diseased or un-
wholesome state, or which is unfit for use, or any food for any
animal which is in an unwholesome state or uDfit 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 President on the recolli~
mendation 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 irom being used
as food for man or animal, as the case may be.
83. Any member 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 be-
lieve is intended to be used as human food; and in any such
food appear to such meinber or officer to be unfit for such use, he
may seize the same, and tbe President may order it to be disposed
of as in the foregoing section. The proof that such food was not
exposed or deposited for any such purpose shall rest with the person
charged.
83a. Any person in whose possession there is found any food liable
to seizure under section 82 or 83 shall furtlier be liable to a fine not
exceeding 100 dollars.
84. Whenever the medical officer of health or any assistant medi-
cal officer of health shall be of opinion or have reason to suspect that
any person in the Colony is suffering from an infectious disease
attributable to milk supplied from any dairy situate within the
Colony, or that the coDsumption of milk from such dairy is likely
to capse infectious disease to any person, he shall have power to
i nspect such dairy, and to medically exarnine 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
As amended by No. 23 of 1903, No. 14 of 1908, No. 11 of 1909,
No. 1 of 1912 and No. 2 of. 1912.
As. antelided by No. 51 of 1911, No. 1 of 1912 and No: 8 of 1912.
As aniended by No. 8 of 1912.
As ainended by No. 14 of 1908, No. 1 of 1912 and No. 2 of 1912.
writing from a medical practitioner that he is not suffering from an
infectious disease), and, if accompanied by the colonial veterinary
surgeon, lie 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 car-
cases, or on examination or analslsls of the milk supplied from such
dairy, or on examination of any person employed or residing therein,
or on investigation of the sources of the railk supplied to such dairy,
the medical officer of health or any assistant medical officer of health
is satisfied that infectious disease is caased, or may be caused by the
consumption of the milk supplied therefrom, he shall report forth-
with to the Colonial Secretary for the information of the Governor,
and the Colonial Secretary shall, thereupon, give notice to the dairy-
man to show cause in writing within such time, riot less than 24
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 falls to show good cause.. then the Governor-in-Council may
make such order as aforesaid. A copy of such order shall be furnish-
ed to such dairyman and the order shall also be published in the
Gazette. An order so made shall be withdrawn on the medical
officer of health or arty assistant medical officer of health reporting
that he is satisfied that the cause of the infection has been removed :
Provided always, that no dairyinan shall be liable. to ein action for
breach of contract if the breach be due to an order from the
Governor-in-Council rnade under this section.
85. Every person who shall refuse to permit any inspection or
examination authorised by the foregolmy section or who shall
wilfully obstruct any autherised officer in carrying out the provisions
of the said section, or who shall refuse or ne-lect to forthwith com-
ply withor to carry out any order of the Governor-in-Council made
thereunder shall, on summary conviction, be liable to a fine not
exceeding 500 dollars, and, if the offence is a continuing one, to a
daily penalty not exceeding 50 dollars a day so long as the offence.
continues.
86. Any dairyman who shall allow any person suffering from au
infectious disease, or who has recently been in contact with a person
so suffering, to milk cows, buffaloes, or goats, or to handle vessels
As amended by No. 30 of 1911, No. 2 of 1912 and No. 21 of 1912
As amended by No. 30 of 1911 and No, 21 of 1912.
used for containing mmlk for sale, or in any way to take part or assist
in the conduct of the trade.of the dairy so Far as regards the produc-
tion, 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 any 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 milk 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 be liable, on. summary conviction, to a fine not exceed-
ing 100 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.
Remcal of Infected Persons.
87. Where any person is suffering frorn plagtie, cliolera, small-
.pox, or any other contagious or infectious disease, and is without
proper lodging. or accommodation, or is lodged in a domestic build-
inI,f occupied by more than one family or is on board apy ship or
vessel, a Magistrate may, on the certificate of any medical. practi-
tioner, order the removal of such person to such suitable hospital or
other like place as may be provided for the purpose.
1
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 aforesaid), shall knowingly carry or permit to be carried
in such conveyance or vessel any person suffering as aforesaid.
(2) No public conveyance, and no vessel which has been used to
carry any person suffering from plague, cholera, or small-pox, or
any other contagious or infectious disease, shall be wrain 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
As amended by No. 1 of 1912 and No. 43 of 1912.
As amended by No. 23 of 1903, No. 14 of 1908, No. 30 of 1911
No. 1 of 1912 and No. 43 of 1912.
,p
officer of the Department or of the police may detain any such public
conveyance or any such vessel lintil it has been disinfected as afore-
said.
(3) Any person committing an ofTence against this section shall be
liable to a fine not exceeding 100 dollars.
89. The Board shall have power by officers of the Department to
enter and to cleanse and Ousinlect any premises where any person
suffering from plague, cholera, or small-pox, or any other contagious
or infectious disease, is or has been recently located, and the Board
may recover the cost of such cleansing and disinfection from the
householder; but compensation may--- be given to such householder
for any bedding, clothing, or other articles which have been destroy-
ed during such cleansing and disinfection.
Provided that where the case of infection has been duly reported
no charge sball be made for the cost of such cleansino, and disinfec-
tion, and reasonable compensation for property destroyed or
damaged shall in such case be given.
Cemeteries
90, It shall be Jawful for the Governor-in-Council to select and
appoint, and to notify in the Gazette, sufficient and proper places to
be the sites of, and to be used as cemeteries; and in such cemeteries
it shall be lawful thereafter to bury the dead in conformity with the
provisions ol by-laws made by the Board. Any person who shall be
guilty of a breach of any such by-lass, shall be liable, on summary
conviction, to a fine not exceeding 50 dollars.
91. The cemeteries hereinaiter mentioned and such other
cemeteries as may be authorised by the Governor-in-Council,
notice whereof shall be published in the Gazette, shall be deemed
authorised cemeteries: wid whosoever shall, without the written
perinisnon of the Governor on the recommendation of the Board,
bury any corpse in any ground not being an authorised cemetery,
shall be liable to a fine not exceeding 100 dollars'.
As amended by No. 1 of 1912, No. 2 of 1912 and No. 43 of 1912.
As ainended by No. 50 of 1911, No. 1 of 1912, No. 2 of 1912 and
No. 8 of 1912.
AS amended by No. 30 of 1911, No. M of 1911, No. 1 of 1912,
No. 8 of 1912, No. 43 of 1912 and No. 43 of 1912 Supp. Selled.
AUTHORISM CEMETERIES.
Chinese.
The Mount Caroline Cemetery.
The Mount Davis Cemetery.
The kai Lung Wan Cemetery.
The Aberdeen Cemetery.
The Shek O Cemetery.
The Stanley Cemetery.
The Chai Wan Cemetery.
The Ma Tau Wai Cemetery.
The Kai Lung Wan East Cemetery.
The Rai Lung Wan Extension Cemetery,
The Po Ring Po Cemetery.
The Sai Yu Slick Cemetery.
The Sam Shui Po Cemetery.
The Christian Chinese Cemetery (Kowloon City).
The Tsong Loong Tin Cemetery.
The Cheung Chau Cemetery.
The Tai Po Cemetery.
The No-Moon Tong Cemetery.
The Tsun Wan Cemetery.
The Kowloon City Cemetery.
The Tsi-in Wan Christian Cemetery.
The Chinese Christian Protestant Cemetery (Kowloon Tong).
The Chinese Christian Protestant Cemetery (Pokftilam Road).
General.
The Colonial Cemetery
The Roman Catholic Cemetery
The Mahomedan Cemetery at Happy Valley.
The Hindoo Cemetery
The Zoroastrian Cemetery
The Jewish Cemetery
The Eurasian Cemetery, Mount Davis.
The Cemetery of the French Mission, Pokfulam.
The Hindoo Cemetery, Kowloon.
The Infectious Diseases Cemetery, Kennedy Tow.p.
The Infectious Diseases Cemetery, Cheung Sha Wan.
Added by No. 43 of 1912.
This cernetery has been closed.
Added by No. 43 of 1912 Supp. Sched.
_r
91a.-(1) Subject to the provisions of section 91b, it shall not be
lawful to exhume any body or the remains of any body which may
have been interred in any authorised cemetery or in any other
cemetery, burial ground, or other place without a permit granted in
manner hereinafter provided. '
(2) Such permit shall be granted only to the legal personal repre-
sentative or next of kin of the person buried, or to his or their duly
authorised agent.
(3) Such permit way be granted-
(a) by the Board, tinder the hand of the Secretary, in respect of
any body or the rernalns of any body interred in any authorised
cemetery, and
(b) by the Governor, under the hand of the Colonial Secretary,
in respect of any body or the remains of any body interred in any
other cemetery or burial ground or any other place.
The permitting authority may prescribe such precautions as he
may deem fit as the condition of the grant of such permit, and any
person who shall exhume any body or the remains of any body
contrary to this Ordinance, or who shall neglect to observe the pre-
cautions prescribed as the condition of the permit, shall be liable to
a fine not exceeding 200 dollars.
Provided always that nothing herein contained shall be deemed
to affect the right of a Magistrate to order the exhumation of a body
or the remains of any body for the purpose of holding an inquiry into
the cause of death of any person.
(4) No such permit shall be. uranted in respect of any grave on
land held under lease from the Crown without, the written consent
of the Crown lessee or his duly authorised agent.
91b. -(1) It shall be lawful for the Governor whenever he shall
deem it expedient for the execution of any public work or any public
purpose, to remove any body or the remains of any body from any
grave on unleased Crown land, whether in an authorised cemetery
or elsewhere, and by order under his hand to direct such removal to
be made in such manner as he shall think fit.
(2) No such order shall be made in respect of any grave situated
in an authorised cemetery until 6 months notice of the intention to
As amended by No. 11 of 1909, No. 30 of 1911, No. 1 of 1912,
No. 2 of 1912, No. 21 of 1912 and No. 22 of 1912.
As artielided by No. 11 of 1909, No. 50 of 1911, No. 1 of 1912.
No. 2 of 1912, No. 8 of 1912, No. 21 of 1912 and No. 43 of
1912 Supp. Sched.
make it shall have been given by notification in the Gazette. Copies
of such notice shall be posted at or near the grave aforesaid, and
copies shall be sent by post in a registered letter to the legal personal
representative or next of kin ol the person buried, if his or their
address can be ascertained. Such copies shall be accompanied by a
translation in the language of the race to which the deceased person
belonged.
(3) When an order is made directing a removal froin any grave
aforesaid elsewhere than in an authorised cemetery, due notice of
such order shall, so fait as, it is possible to do so, be given to the lecral
personal representative or next of kin of the person buried before the
work of removal is undertaken.
(4) The Government shall make proper and fitting arrangements
for the re-internient in an authorised cemetery of any body or re-
mains of any body removed under this section, and for the removal
and re-erection of ,buy molminent, all charges in connection there-
with being defrayed out of the public revenue : Provided that, when
it is desired otherwise to dispose of the bodies or rewalns m bodles
of persons of Chinese race in accordance with Chinese custom, the
necessary pernAssion shall be given, subject to stich conditions as
the Governor may prescribe, all reasonable expenses in connection
with such disposal, if within the Colony, defrayed out of the
public revenue.
91c. There shall be kept at the Sanitary Board offices a record
of every perinit granted and oL' evers, order made under the pro-
visions of the last two sections. Stich record shall contain particti-
lars, so far as the same can be ascertained of the race, nationality,
name, sex, and age of the persons buried, date ol burial and of the
places of original burial, and of re-bvirial or removal. Such record
shall be open during office. hours to inspection by any person.
92. It shall be lawful for the Governor-in-Council to notify in the
Gazette that any cemetery or burial ground shall, from a tilne in
such notification to be specified, be closed, and the same shall be
,closed accordingly, and whosoever, after the said specified tinie,
shall bury any body or the reniains of any body in the said cernetery
or burial ground, shall be liable to a fine not exceeding 100 dollars.
As amended by No. 11 of 1909, No. 60 of 1911 and No. 22 f 1912.
As amended by No. 30 of 1911~ No. 50 of 1911, No. 1 of 10912 and
No. 2 of 1,912.
Recovery of expenses by the Board.
93. All reasonable 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 re-
quired by that Ordinance shall bc signed by the Secretary.
Certifictes
95. Certificates and written permissions of the Board under Part
II of this Ordinance or under any by-law inay 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 prima facle evideuce, of the, matters therein stated.
PART III.
BUILDINGS.
Building Matchrials
96. Except as hereinafter provided, the walls of all permanent
buildings shall be constructed exclusively of good hard well burnt
brick, sound stone, or other hard and incombustible material
approved by the Building Authority.
Buildings.
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 inY6nded to be.
used, shall be approved by the Building Authority.
As amended by No. 1 of 1912 find No. 2 of 1912.
As amended by No. 1 of 1912.
98. Buildings inade wholly or partly of glass or iron or other
material not provided for in this Ordinance may be designed other-
wise than herein provided, anl shall 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
buildings, if entirely detached from other buildings and separated by
a distance of not less than 150 feet from any neighbouring building
in dillerent ownersbip, ntay have walls, verandahs and balconies
constructed wholly or partly of wood, and such buildings shall be.
deemed to bc 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-mortax or good lime-mortor composed of good cement or
lime and clean sliarp 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 bonded into main walls. Sound blue
bricks may be used in the walls of the uppermost storey only of a
building or, where soch storey exceeds 15 feet in height, in the
uppermost 15 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.
1OL-(1) Every person who erects a new building shall construct
every external and every party wall of such building not exceeding
40 feet in length, clear of cross walls, in accordance with the follow-
ing rules, and. in every case the thickness prescribed shall be the
minimum thickness of which such wall may be constructed
(i) Where the wall does not exceed 12 feet in height, it shall be
9 inches thick for its whole height.
(ii) Where the wall exceeds 12 feet but does-not exceed 25 feet in
-height, it shall be 131 inches thick for its whole height.
2
As amended by No. 14 of 1908.
As amended by No. 14 Of 1908, NO. 1 of, 1912, No. 2 of 1912 and
NO. 21 Of 1912.
(iii) 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 131 incheg thick.
(LY) Where the wall exceeds 40 feet but does not exceed 55 feet
in height, the wall in the lowerinost storey, and in any space for
ventilation underneath such storey, shall be .22 inches thick, the
wall in tbe next storey 18 inches thick, and in the other storey or
storeys 1-c3~, inches thick.
(v) 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
veutilation underneath such storey, shall be 27 inches thick, the wall
in the next storey 22 inches thick, the shall in the next storey 18
inches thick, and in the other storey or storeys 131 inches thick.
(vi) Where the wall exceeds 70 feet but does not exceed 80 feet
in helIght, the wall in the losvermost storey, and in any space for
ventilation underneath such storey, shall be 311 inches thick, the
wall in the next storey 127 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 131j>, 'Inches thick.
Provided tbat-
(a) in cases wlicre the, nun)ber of storevs is less than that
indicated in the foregoing rules, the respective thicknesses of the
walls shall be. determined by the Building Authority :
(b) in the case of two-storied buildings and of the uppermost two
storeys of buildings containing a greater number of storeys, the walls
may be IM, inches thick tbroughout the height of such two storeys,
provided such height does not exceed 2.5 feet
(c) 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 in-
crease 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 may
require.
. (2) If any wall exceeds 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 permit, be increased by adding 41
inches to the thicknesses specified in sub-section (1) of this section.
101a. The provisions of the last section 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 determilied by the Building Authority.
102.-(1) No wall, other than a boundary wall, shall exceed 60
feet in length, clear of any return or cross wall, without the approval
of the Building Authority.
A wall shall not be deemed a. cross wall for the purpose of deter-
mining 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 76 feet in height without the approval
of the Building Authority. The height of every wall shall be
measured from the level oi the adjacent footpath, 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 g-able, 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 3
feet in height shall not be included in measuring the height of such
wall.
(3) Any external wall of a building execedling 30 Ifeet in length,
clear of cross walls, shall be secured at the level of each upper floor,
and at the ceiling or rool, with wrougbt iron tie-rods not less than
11 inches in diameter, spaced not more than 12) feet apart and ex-
tending 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 18 inches
square by hal
approved by the Building Authority, and the brickwork of each wall
for its full thickness and for an area. of 2 feet square round the end
of each tie-rod shall be built in 'cement mortar.
As amended bv No. 14 of 1908 and No. 50 of 1911.
As amended byNo. 14 of 1908, No. 1 of 1912 and No. 2 of 1912.
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 wail or party wall of the same height and length and be-
longing 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
sairie height and length and belonging to the same class of building
as that to which such cross wall belongs.
103a. Partition walls may be constructed of brick in cement-
mortar of a thickness ol 4-,l inches, or of re-inforeed concrete or of
such other material and of such thickness as the Building Authority
may permit.
104. Every wall of every new domestic building, and also every
wall of any other new building of brick or stone having a timber
floor, shall have a proper damp prooi course o.1 sheet lead, asphalt,
or cement-mortar (such asphalt or cement-mortar to be not less than
half an inch in thickness), or other impermeable material approved
by the Building Authority, beneath the lowest timbers and near the
ground, but in no case at a height of less than 6 inches above the
surface of the ground adjoining such wall.
105. The foundations of every wall of a building shall be of foot-
ings of sound stone, brick, concrete, or other equally hard substance,
carried down to a depth of not less than twice the thickness of the
wall in the loweststorey of the said building; and the lowest course
of every such foundation shall be of a width of not less than twice
the thickness of the wall in the said lowest storey, and the width
of such foundation shall diminish gradually towards the upper sur-
face thereof in regular steps or offsets : Provided that on rock or
hard ground of an incompressible nature, or in sandy, lanstable or
soft ground, the Building Authority may permit or require the
foundations of all works and buildings to be of such 'special depth
* As amended by No. 43 of 1912.
f As amended by No. 14 of 1908.
9 As amended by No. 14 of 1908 and No. 2 of 1912.
and width, and of such materials as shall be approved by him as
being in each particular case applicable to such ground.
Any portion 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 super-
incumbent wall the Building Authority shallnot require such portion
to be of greater thickness at the base than one-third part of its
height.
106. Every party wall shall be carried up above the upper surface
of the roof of every building to a height of at least 18 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 thaii one part of cement to
every two parts of sand, or of such other material as the Building
Authority may approve, or shall be otherwise protected in order to
prevent water soaking into such wall.
107.-(1) Openings may only be made in partyto an extent
not exceeding two-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-mortar 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 or 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 only be made 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 may be made in party walls and in external walls
Provided that the aggregate area, of such recesses 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 13 inches in party walls, and 9 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
* As amended by No. 14 of 1908.
f As amended by No. 14 of 1908 and No. 8 of 1912.
12 inches where the house has inore, and for at least 9 inches where
the house has not more, 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 2 feet.
(5) Every opening and every recess in any wall shall either be
arched over with brick or stonework in cement-mortar or spanned
by a steel girder or ferro-concrete beam of such dimensions and con-
struction as the Building Anthority may consider necessary for the
support of the superincumbent weight.
108. No lath and plaster wall, or other hollow wall, shall be here-
after constructed in any building outside the European Reservation
or the Hill District, except with the permission of the BuildiDel
Authority as signified by the approval of the plan required tinder the
provisions of this Ordinance.
BovdIng for the Wall of Doviestic Buildings.
109. Every domestic building bereafter 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 ntain watts 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 caves. Each such course shall consist of 3 bands in the
case of foundations and of all walls of a. thickness not less than
18 inches, and of two bands in the case of all walls of a less thickness
than 18 inches; each hoop-iron band shall measure not less than one
inch and a quarter lit 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 arranged as the Building
Authority may require.
Bressummers and Lintels
110. Every bressummer and every lintel, exceeding 5 feet in span,
used in a building, shall have a bearing of at least 6 inches at each
end, and shall rest upon a sufficient pier of brick, stone iron,
erected on a solid foundation, or upon an external, paity, or cross
wall, and every such bressummer and lintel having such bearing
As amended by No. 14 of 1908.
As amended by No. 8 of 1912.
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 the bressummer or lintel. Every such bressummer and
every such lintel shall be of sufficient strength.
Concreting of Ground Surfaces.
111-(1) The ground surface of every domestic building shall be
properly covered over with a layer of not less than 6 inches of good
lime concrete or not less than 3 inches of cement concrete composed
of one part of cement, 3 parts of sand and 5 parts of stone broken
to pass through a one-inch ring, finished oil smooth, and the ground
surface of every basement, area, kitchen, latrine, or open surface
connected therewith, such as back-yards, court-yards, alleyways or
spaces on which slops may be thrown or from which foul waters
flow, and the ground surilace of every stable, cowslied, or other
building in which animals are kept, shall be properly covered over
with a layer of good lime concrete not less than 6 inches thick
finished of smooth with not less than 2 inches of ceinent concrete
or with hard ulazed bricks or granite paving or glazed tiles bedeled
and jointed in cement inortar or with such other material as may be
approved by the Building ,'Authority, or with a layer of not less than
4 inches of cement concrete composed of one part of cement, 22 parts
of sand and 4 parts of stone broken to pass through a one-ineb ring.
(2) The ground surface of every area, kitchen, latrine, back-yard,
court-yard, alley-way or space on which slops may be thrown, shall
have a fall of not less than 1 in 40 frorn 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, latrine, or open surface connected therewith, such as
back-yards, court-yards, 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
As atnended by No. 14 of 1908 and No. 8 of 1912.
As arnended J.~y No. 14 of 1908 and No. 30 of 1911.
been subsequently 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 completion of any
work for the execution of which the saine has been broken or other-
wise disturbed, or within 14 days from the receipt by him of written
notice frorn the Building Authority so to do; and in default thereof
he shall be liable to a fine not exceeding 2.5 dollars for each offence,
and to a further penalty not exceeding 10 dollars for each day after
such conviction during which such offeiice continues.
Floors,
113. The level of the ground floor of very domestic buildin here.
after erected shall be not less thall 6 inchs hihger than the highest
level of the ground outside such buildign: Provided that the Build-
ing Authority may reduce. this requirenient in any case where in his
discretion it may appear desirable.
114. No floor timbers of any one building shall approach nearer
flian 9 inches towards the floor tinibers of any other coritiortiolls
buildign and the space intervening the, ends of such
tlinbers shall be properly and substantially built tip solid with whole
bricks or with stone laid in mortal..
115. The floors of all buildings including verandahs shall not
(unless constructed of concrete or other incombustible material) be
built into the thickness of ally wall, but shall either rest upon the
top of the wall or upon corbelling or all offset, so arranged as to give
a bearing of at least 41, inches for the floor.
116.-(1) In the case of every domestic building hereafter erect-
ed, the lowest storey used or adapted to be used for human habitation
shall contain a clear space of at least 12 feet, measured vertically,
and every upper storey shall contain a clear space of at least 11 feet
measured vertically : Provided nevertheless that in the case of any
caretaker's quarters, servants' quarters, kitchen, bath-room, pantry,
drying-room, or latri ' lie, a clear space of at least 9 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 underside of the tie or collar-
beam of the roof, when ceiled at such level, or up to half the vertical
height of the rafters or purlins when the roof has no ceiling.
1
As arnended by No. 14 of 1908.
117. Every person who shall erect a new domestic building 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 ventila-
tion, between the underside of every Joist on which such floor may
be laid, and the upper sunace of the concrete with which the ground
surface or site of such bmIding may be covered, a clear space of an
average height of not less than 2 feet 6 inches above the level of the
ground outside, and he shall cause such space to be properly venti-
lated, any openings for such purpose being protected in such manner
as to effectually exclude rats from such premises.
118.-(1) No mezzanine floor or cockloft shall be erected or main-
tained in any storey of a. domestic building other than the ground or
the top storey of sincli building.
(2) No mezzanine floor or cockloft shall extend over more than
one half of the floor area of the rooni, nor shall it without the per-
mission of the Building Authority exceed 200 square feet in area,
and every mezzanine floor or cocklolt shall have a clear space below
every part of 'it of not less than 9 feet measured vertically. No
mezzanine floor or cockloft shall so obstruct ally doorway or window
opening into the external air as to prevent the saine being opened to
its full extent.
(3) NO portion of the space either above or below any mezzanine
floor or cockloft shall be enclosed except by wire nettling, lattice
work or carved woodwork, arranged in such a way as to leave at
least two-thirds open, and as far as practicable evenly distributed.
(4) No mezzanine floor or cocklolt shall be erected, or lif already
existing be allowed to remain, in any kitchen.
Provided that any existing niezzanine floor or cockloft, for which
a permit in writing has been issued by the Board ov 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
watertighi.
120. The floors of all domestic buildins hereafter erected outside
the European Reservation or the Hill District shall, unless specially
As arnended by No. 14 of 1908.
As amenaed by No. 2 of 1912.
exempted by the Building Authority, have skirtings of cement or of
other impervious material approved by the Building Authority, at
least 12 inches in height and of a thickness of not less than 1 inch.
Staircases.
121. Every staircase hereafter erected shall be so arranged as to
have a minimum tread of 8 inches and a maximum rise of 8,1 mches
per step.
No staircase erected after 3rd July, 1908, shall be constructed
with a soffit so as to form any enclosed space between the treads the
risers and such soffit in any building outside the European Reserva-
tion 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 hereafter be erected in any building outside
the E'uropean Reservation or the Hill District except with the per-
mission of the Building Authority as signified by the approval of the
plan required under the provisions of this Ordinance.
CorbelIrng.
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 9 inches in
length set in cernent-niortar. The entire thickness of the walls
throughout the height of sucbshall also be built in
cement-mortar. No one corbelling course if of brick shall project
beyond the course immediately beneath it more than 2J, inches.
Roofs.
124. The roof of every building and of any minor superstructure
placed above such roof except the doors, and frames of dormers or
sky-lights, shall be externally covered with tiles, glass, metal, or
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 ex-
ternally in sheet zinc or other metal approved by -the Buildin
Authority.
As amended by No. 14 of 1908 and No. 2 of 1912.
As amended by No. 14 of 1908.
125. No roof-timbers of any one building shall approach nearer
than 9 inches towards the roof-tinibers 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.
126. No platform, superstructure, 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 permission for the erection of a tem-
porary platform, superstructure, staging, or framework of aily such
material as aforesaid : Provided nevertheless, that any fraine which
is affixed to a roof and which is used or intended to be used 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 materials, 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 41 inches for the roof.
Wood-work.
128. No bond timber or wood-plate shall be built into the, thick
ness of any party or external wall.
129. No timbei. or wood-work shall be placed in any wall or
chimney-breast nearer than 9 inches froill the inside oi arty flue or
chimney-opening nor tinder any chimney-opening within 6 inches
from the upper surface of the hearth of such chininey-opening.
Arches.
130. Every arch under any public or private way used as a
thoroughfare shall be formed of brick, stone, or other incombustible
material. If an arch of brick or stone is used, it shall, in cases
where its span does not exceed 10 feet, be of a thickness of not less
than P2 inches; where its span exceeds 10 feet but does not
exceed 15 feet, it shall be of a thickness of not less than 15 inches;
and where its span exceeds 15 feet, it shall be of such thick-
ness and built of such materials as may be approved by the Building
Authority. If an arch, bridge, or platform of iron, concrete, or
other incombustible material not being brick or stone is used, it shall
be deemed to be an exceptional building, and shall be constructed in
such manner as may be approved by the Building Authority.
Projections, etc.
131. Every coping, cornice, facia, window dressing, portico,
verandah, balcony, and balustrade, and every architectural projec-
tion 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 30 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
incombustible material. Every projection constructed of incom-
bustible materials other than stone shall be built in cement-mortar,
and the entire thickness of that portion of the wall covered by such
projection shall also be built in cenient-mortar.
132. The roof of every building (including every verandah and
balcony) 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 any water being discharged upon or over any public foot-
path or roadway.
133. Save as by this Ordinance provided, it shall not be lawfuL
for any person to make any door or gate- in such manner as to open
over a public thoroughfare, nor to project any door step or landing
on; or across any public foot-path, nor to extend or affix any
sun-shade, telegraph wire, sign-board, lanip, grating, gutter, or
other unauthorised projection from any building, in such manner as
shall cause obstruction danger, or annoyance, in any street or to
the passengers thereon, or so as to cause any encroachment on or
over any street or unleased Crown land.
Provided that in the case of threatres and other public buildings
the doors may with the consent of the Building Authority be made
to open outwards over a public thoroughfare; and 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 18 inches.
* As amended by No. 8 of 1912.
Verandahs, Balconies and Areas.
.134. No encroachment. shall be made on, over or into unleased
Crown land by any verandah or balcony, or by any area, or by any
structure whatsoever-
(1) unless with the previous consent of the Governor; and
(122) until the applicant for leave to make such encroachment shall
have previously signed an undertaking in the form contained in
schedule E or F; and
(3) unless subject to the regulations- contained in schedule G or
such other regulations as mav be in force; and
(4) unless the building to which such verandah, balcony, area or
structure appertains shall comply in all respects with every provi-
sion 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 125 feet in width.
136. No balcony shall, except with the consent of the Governor-
in-Council, be hereafter projected from ans- building which exceeds
in height one and a quarter tinies 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.
137. No verandah shall, exceptwith the consent of the Governor-
in-Council, be hereafter projected over any street, whether public
or private, which is less than 50 feet in width.
188. No verandah shall hereafter be erected, except with the con-
sent of the Governor-in-Council, of a greater height than 12) storeys,
unless such verandah fronts on a street. of not less than 60 feet in
width.
Restriction on Partitions, Obstructions and Enclosures
in Verandahs or Balconies.
139. No partition (other than such as may be necessary for the
separation of the verandah or balcony of any bul-1ding from the
As aniended by No. 50 of 1911, No. 1 of 1912, No. 8 of 1912 and
No. 43 of 1912 Supp. Sched.
As a-nended by No. 14 of 1908.
As aznpnded -! by No. 14 of 1908 and No, 8 of 1912.
verandah or balcony of any adjacent building) shall be erected or
maintained in 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 enclosed wholly or in part, or used as a bath-room, urinal, water-
closet, sleeping apartment, store-room, or kitchen, nor shall any rain
or other water be discharged 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 may be necessary for the separation of
one room or suite of rooms from any adjacent room.
Kitchevs, Fire-Waces wid Chimneys.
140. Every domestic building, and every-floor of a domestic build-
ing which is separately let for dwelling purposes, shall be provided
with adequate kitchen acconimodation, the internal area of which
shall not, except with the permission of the Building Authority, as
signified by the approval of the plan reqnIred under the provisions
of this Ordinance, be less than .50 square feet., and every kiteben
shall be provided with a properly constructed fire-place, and every
kitchen on an tipper floor shall be properly paved or floored with
cement, concrete or other non-absorbent material approved by the
Building Authority. The internal surface of the walls of every
kitchen shall also be rendered in cement-mortar, or other non
absorbent material approved by the said Authority, to the height
of at least 4 feet froni the floor level, and the thickness of such
material shall not be less than half an inch.
141. No kitchen of any dornestic building outside the European
Reservation or 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, hereafter be constructed so
as to extend across more than one half of the width of such building
if such building has other buildings abutting against it on both sides
or is separated froin any adjacent building or from land on which
any building may be erected by a less space than 20 feet throughout
one side. The width of a buildlins 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.
As arnended by No. 14 of 1908 and No. 1 of 1912.
As amended by No. 14 of 1908.
142. Every fire-place 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 chminey or smoke-flue shall be
smoothly rendered with mortar, or lined with earthenware pipes,
and no such chimney or smoke-flue shall have less than 28 square
inches of internal sectional area, equivalent to a diameter of 6 inches
in the case of -circular pipes, unless with the approval of the Building
Authority. Except when required for heating purposes snioke-flues
shall be encased with brickwork properly bonded into the wall in
connection with which they are constructed, and when added to
existing buildings, such brickwork shall be built in cement-mortar.
Provided that in the case of chimneys or smoke-flues requirino, to
be extended to a greater height tbaii 5 feet above the roof, am,
extension in excess of that height may consist of iron pipes.
143. Whenever any fire-place is adapted for the use of charcoa.l
or wood as fuel, such fire-pla,ce sha.11 be provided with a flood 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 fire-
place shall be of incombustible materials, extending over the whole
area covered by such oven, stove or fire-place and beyond to a
distance of 9 inches at least on everv side of such oven, stove or
fire-place; 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 9 inches to any wood-work or combustible, material
unless encased in non-conducting and incoinbustible material to the.
satisfaction of the Building Authority.
146. Every brick or masonry chimney or smoke-flue shall be con-
tinued up above the roof in brick or cut, stone-work, of a thickness
all round of not less than 4 inches, to a, height of not less than 3 feet
above the highest point in the line of junction with such roof.
147. Chimneys of brick, stone, or other incombustible material,
may be corbelled outin the upper storeys of buildings, provided that
the work so corbelled out does not project from the wall more than
* As aniended lyy No. 14 of 1908.
the thickness of such wall, but all chimneys built in the ground
storeys of buildings shall, unless with the consent of the Building
Authority, rest upon solid foundations and upon footings similar in
every respect to the foundations ol the. walls against which such
chimneys are built.
148. The back of every chimney-opening from the hearth up to
the height of 4 feet above the level ol the fire-grate, shall be at least
9 inches Gick if in a, party wall, or at least 4-1 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 40 feet above the level ol the street, with such
nicans of escape in the case of fire for the persons dwelling or em-
ployed therein, as the Bullding Authority may reasonably require.
Any means of escape so provided shall be maintained by the, owner
to the satisfaction of the Building Authoritin all respects.
Windows, Citbicks and Rooms
150. Every storey of every doniestle building hereafter erected
shall be provided with one window, at least opening either directly
or across a verandah or balcony inte, the external air, and the total
glazed area of stich window or windows shall be at least one-tenth of
the floor area of everv such storey.
Every storey of every such building shall also be provided with a
window of at least 10 square feet superficial glazed area opening
either directly or across a, verandah or balcony 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
greater depth than 40 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-eicfhth of the floor area of such storey aDd so arranged that, in
the opinion of the Building Authority, the whole of the storey will
be adequately lit.
As amended by No. 14 of 1908.
AS amended b'y No. 23 of 1903.
(2) Provided always that the provisions of this section shall 'lot
apply in any case in which the Crown lease has specially provided
for the eiection of buildings of a greater depth than 40 feet ; and
provided further that the Governor-in-Council may in any other case
in his discretion grant exemption from or modification of the provi-
sions of this section.
(3) In the event of the refusal of tbe G'overnor m 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 open spaces required in the front and
rear of such building shall be determined by arbitration as herein-
after provided.
152. The depth of a binlding shall be ineasured on the ground
level from the outer face of the rtiain wall at the centre of the prin-
elpal front, to the outer face of the wall in the rear of such building,
exclusive of any kitchen or out-office attached to the btulding when
such kitchen or out-office does not extend across more, than one-half
of the width of such building.
153. No room shall be constructed, maintained, or used for
sleeping purposes in anv storev of any existing domestic btiilding,
or of any don-iestic building hereafter erected or re-erected, unless
such room is provided with a skylight or with a 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 beinlo, opened to the ex-
tent of one hall at least, and unless the glazed area of such window
-or windows is equal to one-haIA' at least of the total area of such
window or windows.
Provided that in the case of existing or re-erected domestic
buildings the Governor-in- Council shall have power to niodify the
requirements of this section in respect to the external air upon such
conditions, if any, as may be deeined expedient.
(2) No cubicle shall be constructed, maintained, or used in any
room of any domestic building erected on any site which on 3rd
July, 1908, was either vacant or occupied by a domestic building of
the European type or by any non-domesticand in the case
of any domestic building erected as a tenement house for Chinese
As arnended by, No. 14 of 1908, No. 11 of 1909, No. 60 of 1911 and
No. 2 of 1912.
-T
tenants on any such site as aforesaid, the Building Authority shall
(unless such building is on the reclamation formed under the Praya
Reclamation Ordinance, 1889, and is not more than 100 feet deep)
require the provision of such windows as shall admit of the sub-
division of every storey above the ground storey into rooms each of
which shall contain an area not exceeding 100 square feet and of
which the least dimension shall not be less than 7 feet.
(3) No screens or partitions shall be constructed or maintained in
any room on the ground floor of any doniestle building with the
exception of such as forin one'ping ping', one show case,and one
accountant's office.
Such structures must comply with the following requirements,
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 nianner 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 inore tha.n two-thirds across the
'-lcltli of the roon, and suall leave a space of not less than 4 feet
ineastired vertically between the top of such show case and the
underside of Gle floor or joists of the floor above.
(c) An accountant's office must either :-
(i) have its partitions with the exception ol the one formed
by a sliow case composed of wire netting, lattice work, railings
or carved woid-thirds; arranued in such a manner as to leave at
zn
least two-thirds open and as tur as possible evenly distributed;
or
(ii) have the whole of its front open with the exception of
a counter not exceeding 3 feet 6 inches in height, or in the case
of a pawnbroker's shop not exceeding 7 feet 6 inches in height.
(d) An accountant's office shall not be occupied as a sleeping place
by more than 2 persons.
(4) All cubicles and partitions referred to in this section shall be
constructed of wood, metal or other material approved by the Build-
ing Authority, and shall be painted, whitewashed or otherwise kept
clean to the satisfaction of the Board.
154.-No cubicle shall be erected, or if already erected be
maintained, in any room unless such room be provided with a sky-
As amended by No. 23 of 1903, No. 14 of 1908, So. 2 of 1912,
No. 43 of 1912 and No. 43 of 1912 Supp. Sched.
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 of one half at least, and unless the
glazed area of such skylight, window, or windows is equal to one
half at least of the total area of such skylight, window or 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.cubjele shall be erected, or if already erected maintaine
on the ground floor of any domestic building.
(4) No cubicle shall be allowed within 4 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 in 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-fifths.
(5) No Cublelc shall have a less floor area Lhan 64 square, feet, nor
a less length or width than 7 feet.
(6) There shall be a, space measured 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 4 feet, which space may be closed
only by wire netting, lattice work, railings or carved wood-work,
arranged in such a way as to leave at least two-thirds open and as
far as practicable evenly distributed.
(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 6 feet
in height.
(9) No Portion of the structure of any cubicle except the necessary
corner poAs shall be nearer than 2 inches to the floor of such cubicle,
and no structure shall be erected, or if already existing shall be
allowed to remain, within any cubicle which is of.a greater height
c
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 approved by the
Building Authority and shall be painted, whitewashed or otherwise
kept clean to the satisfaction of the Board.
Provided that the Board, with the consent of the Governor-in-
Council, sball have power in all case to grant a modification of or
exemption from the requirements of this section upon such condi-
tions, if any, as the Board may deeni expedient.
154a.-(1) Whenever the Board on the representation of the
medical officer of health is satisfied Onat any of the rooms in ally
block of domestic buildings are so dark as to be dangerous or pre-
judicial to the health of the Ininates, the Board may recommend in
waithing to the Governor-in-Coiiticil the demolition of all storeys
above the lowert-nost storey oi every tbird building in such block,
and the provision of additional windows for such of the buildings as
are allowed to remalin, and themit of such consequential
works as the Board may decn necessary to render such buildings
healthy and secure, and the Governor-in-Council may thereupon
direct that such demolition and such consequential works be carried
out, and the amount of compensation to be paid by the Government
in respeet 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 reconstruction of buildings may
be involved in the carrying out of any such works, it shall not be
held to bring such buildings witliirL the scope of sub-section (39) of
1 1 mance.
section 6 or of section 180 of this Ordinance.
(2) The cost of any works carried out under this section, exclusive
of any such compensation as aforesald, shall be certified by the
Building Authority, and the Govenor-in-Council may thereafter
impose, in such proportions as lie 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 30
Years, as may be agreed upon, which shall be calculated at the rate
of 5 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 provisions of the Ratin,g Ordinance, 1901. The owners may,
W
As arnended by No. 14 of 1908, No. 50 of 1911, No. 1 of 1912 and
No. 2 of 1912.
however, pay sach cost into the Treasury at any time within one
month frorn.its being notified to them as certified by the Building
Authority, and, furtber, may at any tinie, 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
directed 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 honse shall be obstructed by the
erection of any structure or fittingor by any household
goods or merchandise.
Water-closets and Latrives.
156. Every latrine shall be constructed ol.' brick, stone, or other
impervious material approved by the, Building Authority and shall
have a clear internal area, of not less than 7 square leet, and such
latrine shall open into the outer air and not nito the building.
157. Every latrine hereafter erected shall have a. suitable door and
an opening or openings for ventilation the exteriial air of not
less than 2 square feet in aggregate area immediately under the roof.
The walls of every latrine shall also be rendered in cement-inortar or
other non-absorbent rnaterial to the height, of' at least 3 feet from the
floor level.
158. The floor of every latriDe hereafter erected on any ground
floor shall be raised at least 6 inches above the level of the Surface
outside, and the floor surface of such latrine shall be laid and main-
tained in the manner required b). sections 111 and 112. The floor
of every latrine 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 inaterial approved by the
Building Authority.
159. No latrine 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 communication
shall have the same completely cut off by-the owner when so re-
quired by the Building Authority.
As amended by No. 14 of 1908 and No. 43 of 1912.
Az amended by No. 43 of 1912.
As amended ~y No. 14 of 1908, No. 2 of 1912 and No. 43 of 1912.
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 moveable water-tight
receptacle of non-absorbent material for the reception of excreta,
which shall have a capacity not exceeding 12 cubic feet; and every
latrine shall also be provided with a stand or seat fitted in such a
manner as shall enable the receptacle to be readily removed and
adjusted for the purpose of emptying the saine and of cleansing the
floor and sides of the latrine.
162. NO person shall construct, except in a hospital, any water-
closet or urinal having -any conimnnication with any public sewer or
private drain, without the permission of the Board and the consent
of the Governor-in-Council in and any existing water-closets or urinals
so communicating for which no such permission has been given shall
be rernoved by the owner when so required by the Board.
162a. Any Water-closet or urinal whieli is in the opinion of the
Board and of the Governor-in-Council in an unsanitaxy condition
shall be re-noved by the owner so required by the Board.
163. Every factory, refinery, distillery, godowD, or other industrial
establishment whatsoever, employing 'lot less than 20 persons, shall
1 1
be provided by the owner thereof with proper latrine accommodation
on the premises, for the. separate use of persons of each sex, to the
satisfaction of the Board.
164. Every block of tenement houses hereafter erected shall be
provided by the owner or owners with all adequate private latrine
for the use of the tenants thereof, to the satisfaction of the Building
Authority, and the said latrine shall be cleansed and the night-
soil removed and disposed of daily by such persons as the Board may
direct.
165. If it appears to the Board that any building is without a
latrine,and that a latrine is necessary for the use of the occupants
* As amended by No. 43 of 1912.
+ As amended by No. 2 of 1912 and No. 43 of 1912.
As amended by No. 14 of 1908 and No. 2 of 1912.
As amended by No. 8 of 1912.
As amended by No. 43 of 1912 Supp. Sched.
As amended by No. 1 of 1912 and No. 48 of 1912.
of such building or for the use of the persons employed in such build-
ing, or that the existing latrine available for use by the occupants of
any building or by the persons employed tlierein is insufficient, or
for sanitary reasons ob'ectionable, the owner of such building sbali,
upon receipt of a written notice to that effect from the Board, pro-
vide 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 be-
come a nuisance, or its erection be contrary to agreement or be
otherwise wrongful.
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 pudic latrine, and the accommodation to be provided
by such latrine.
168. If such application is approved of by the Governor a notifica-
tion shall be published, in English and Chinese, in. 3 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 writino, to the Colonial Secretary so as to reach his office not
~n
later than one week after the publication of the last of such
notifications.
Such obi . ection must state the reasons and specify the property
with regard to the ownership or 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 withdrawn, the
Government. shall not he entitled to claim the immunity conferred
* As amended by No. 1 of 1912.
+ As amended by No. 8 of 1912.
~ As arnendeekby No. 2 of 1912.
by the following section, unless, after such objection has been con.
Slidered, a resolution of the Legislative Council is passed approving
o' the site and the erection thereon of such latrine.
171. Where such resolution as is mentioned in the preceding
section has been passed, or where no objection has been so duly
made or has been withdrawn, no injunction shall be granted against
the erection, eontijuance, or use of such latrine, nor shall any suit
bc bron-1 it, for damages or compensation in respect of such erection,
continuance, or use.
172. The uninunity regard to inl'iipction and suits conferred
bv the foreping section hereby extended to all the Government
IniblIc latrines existing at the coinmencement of tbis Ordinance, as
rully as if the resolution referred to had been passed in each case.
173. The Board shall have the control and management of all
1
Government public latrines erected under the provisions of this
Ordinance, or protected thereby, and any by-laws relating to public
1 C_
latrines shall apply to all Government public latrines.
174. Nothing in thts Ordinance contained relating to public
latrines shall in any was, be deemed to derogate from any existing
or powers of the Government.
Open Spaces, Scavenging Lanes, etc.
175.-(1) Every existing domestic building shall be provided by
the owner with ,in open. space in the reax, by opening out on each
storey one-balf of the eritire space intervening 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 back-yard of at least
50 square feet in area; the building must further be provided on
every storey with a window of it least 10 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 inain frontages in different streets
shall be regarded as two domestic buildings if the entire flepth from
frontage to frontage exceeds 50 feet.
As amended by No. 1 of 1912 and No. 2 of 1912.
As amended by No. 50 of 1911 and No. 1 of 1912.
As amended by No. 23 of 1903, No. 8 of 1907, No. 14 of 1908,
l~o. 1 of 1912 and No. 2 of 1912.
(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 3 feet 6 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 requirements 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 abut against the hill-side, but a clear inter-
vening space or area of a width of not less than one-fourth of the
height of the cutting resulting from such excavation shall be left
between such building, along its whole extent, and the toe o', the
slope of the hill-side : Provided that such intervennig space or area.
shall in no case be ol a less width than 8 feet in any part as
measured on the ground level of such building, and shall not en-
croach in any way upon any street, and provided further that the
Governor-in-Council may grant exemption in any case in which the
provisions of this section may appear to hini to be inapplicable.
The height of the cutting shall be ' 1-licasured on a vertical line
drawn from the toe of such cuttitig, and extending from the
finished ground or concreted surface to a. point where it meets a.
line drawn at an angle of 30 degrees with the horizontal from the
top of the cutting.
This section shall not apply where the basement storey of a shop
is lit by a window of at least 10 square feet superficial 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 the fore-
going section, 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 least 6 inches lower than the level of the lowest
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
* As amended by No. 14 of 1908 and No. 1 of 1912,
f As viniende4by No. 1 of 1912A
slope of the hill-side, and to a, depth of at least 12. inches below the
surface, a line of hard, sound, stone-ware fleld-pipes, of not less
than 3 inches diameter, for the purpose of effectually draining the
sub-soil of such area, and lie stiall not cause such sub-soil drain to be
passed out under the floor of any building, unless any other wode
of outlet may be impracticable; and, in such case, he shall cause
the sub-soil drain to be so laid under the ground floor of such new
building, that there shall be a distance of at least 9 inches between
the top of such drain and the surface oi such ground floor. The
floor of every such area shall have a fall of not less than 1 in
40 towards 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 kind other than a bridge or flight of steps not
exceeding 3 feet 6 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.
Evexy area abutting on or adjacent to a street shall b2 provided
with a suitable, parapet wall, or safe iron railing or fence, along its
upper edge.
179.-(1) Every, domestic building erected on land leased from
the Crown after the commencement of this Ordinance shall be pro-
vided by the owner with an open space in the. rear, or partly in the
1 1 1
rear and partly at the side, exclusively belonging to such 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 scavenging lane in compliance with a plan to be prepared
by the Building Authority with a view to promoting uniformity in
the laying out of such lanes, unless such a lane has been provided
1
for on the sale plan of such land.
Provided that-
(a) a scavonging lane shall not be required in the case of any
detached or semi-detached domestic building, which has a side
street extending the entire depth ol the building and of a width
throughout of not less than 4 feet ; but no building shall---be deemed
to be senii-detached unless it is one of a pair of buildings each of
which has a side street as above described;
I-
As amended by No. 14 of 1908, No. 1 of 1912, No. 2 of 1912 and
No. 8 of 1912.
(b) kitchens, bath-rooms and latrines not exceeding 11 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) 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;
(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 domestic buildings are occupied only as shops;
(c) the open space in the rear shall not be enclosed except by
boundary walls of a height not exceeding 10 feet., containing a door-
way communicating with the scavenging lane (if any)
(f) 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;
(g) in no case shall the Building Authority require the space for
a scavenging lane to be of a greatei width than 6 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 inuch of aliy street
upon which no domestic building fronts as 1.3 iminediately in the
rear of any domestic building, and belongs to the owner of such
building (whether subject to.any rights oll way or riot) may, if the
domestic building has a back-yard of an area of at least 60 square feet
,exclusively belonging to it, be included with such back-yard 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 donieslic building shall
be included in calculating the area ol any other open space; and pro-
vided fuxther 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 lane required by this section. '
180-(1) Every domestic building hereafter erected or re-erected
.on land leased from the Grown before 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 be-
As aniended by No, 14 of 1,908, No. 1 of 1912, No. 2 of 1912 and
No, 8 of,1912.
longing 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 pro-
moting uniformity in the laying out of such lanes, unless such a lane
already exists in the rear of such building.
Provided that-
(a.) The Governor-in-Council may modify the foregoing require-
ments in any case in which the Grown 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 case, make such modifications as may be recommended
by the Board upon such conditions, if any, as may be deemed
expedient ;
(b) kitchens, bath-rooms, and latrines not exceeding 11 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 scavenging lane shall not be. required in the. case of any
detached or seini-detached domestic building which has a side street
extending the entire depth of the building and of a width through-
out of not less than 4 feet ; but no building shall be deemed to be
senii-detached unless it is one of a pair of buildings each of which
has a side street as above described;
(d) a scavenging lane 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 ex-
tending throughout not less tha.n three-fifths of the depth of such
building and of a width throughout of not less than 13 feet;
(e) in the event of the open space being provided partly in the
0
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 side 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 Dot be enclosed except by
boundary walls of a height not exceeding 10 feet, containing
a doorway communicating with the scavenging 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;
(i) in no case shall the Building Authority require, the space for
a scavenging lane. to be of a greater width than 6 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 sue],
building (whether subject to any rights of way or not) may, if the
domestic building has a back-yard of an area of at least 60 square
feet exclusively belonging to it, be included'with such back-yard in
calculating the area of the open space required under this sectiou :
Provided that no portion of any 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; and
provided further that before including any portion of any such
street as part of an open space a sufficient area shall be deducted
from Ach street to form the scavenging lane required by this
section.
(3) The amount of compensation, without reduction in Crown
rent, to be paid to the owner for any such public scavenging lane
shall be determined by arbitration as hereinafter provided, and such
land shall upon payment of such compensation revert to the Crown
and shall be deemed to have been resumed.
(4) In every case connulg within the scope of provisoes (c) or
(d) of sub-section (1), the street or space referred to in such
provisoes 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 either of the two preceding sections shall
provide means of access to the open space of his domestic building
from such scavenging lane, and, if such open space is enclosed, the
communicating door or gate shall be opened by the occupier
whenever required by any authorised person for the purpose
As ainended by No. 14 of 1908, No. 1 of 1912 and No. 8 of 1912.
of inspecting, scavenging, or cleansing any part of such domestic
building.
(2) Eveiy scavenging lane provided under either of the two
preceding sections may be used at any tline by any public officer;
and every such scavenging lane may be used at any time by any
authorised person for the purpose of inspecting, scavenging, or
cleansing any part of any building communicating with such lane.
Prirate Streets.
182. No new street on land held under lease from the Grown
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-twentle~th of an
inch to the foot, showIng such proposed street and its connec-
tions with neioIbouring streets together with the proposed levels
and any scavenging lanes, as well as the proposed method of
surface drainage, shall have been subinitted to and approved by the
Building Authority.
183. No new, street on land held tinder lease from the Grown
within the City of Victoria, on which domestic buildings front shall
be of a less width than 30 feet, and no such street outside the City
of Victoria shall be of a less width than 40 feet. Every such street-
shall open, at one end at least, upon soine existing 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 71 feet in
width, rneasured from the centre line of such lane.
185.-(1) No building shall hereafter be erected or recrected
over any entrance to or over or upon any portion of any stree ' t 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 sale 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.
As amended by No. 14 of 1908.
As amended by No. 14 of 1908 and No. 8 of 1912.
(2) In the event of the refusal of the Governor-in-Council to
consent to the re-erection of any building to which this sec-
tion applies, compensation shall be paid by the Government to the
owner of such building, the amount of such compensation to be
determined by arbitration as hereinafter provided.
186. Every street on land held under lease frorn the Crown on
which buildings front, adjoin, or abut, shall be and shall be kept
concreted or otherwise surfaced at the discretion of the Building
Authority, and shall be channelled and dra,ined, and mav, if the
Building Authority thinks fit, be provided with lighting apparatus
by the Government, at the expense of the owners of the land
frontinu, adjoining, or abutting on such street, and the several
owners of such land shall bear the cost of such concreting or stir-
facing, channelling, draining, and providing such apparatus, in
proportion to the width of their land respectively at the place where
it fronts, adj'olns, or abuts on such street ; and the Government
may recover such proportionate cost together with interest Ifiereon
at the rate of 8 per cent. pet. annum from the date of' deinand 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 Suprerne Court. The cost of the
illumination of such strect. shall, however, be borne by the
Government.
All household refuse shall be regularhy removed by, the Govern-
ment from every such street,.
[s. 187, rep. No. 14 of 1908, s 56.]
Height of Buildings.
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 per-
mit:-
-it
(1) No existing building, which does not at the commencement
of this Ordinance exceed in height one and a half tinies the width
of the street upon which it fronts, shall hereafter be raised to
a height exceeding one and a half times the width of the street upon
which it fronts.
As amended by No. 14 of 1908, No. 1 of 1912 and No. 2 of 1912.
As amended by No. 14 of 1908, No. 1 of 1912, No. 8 of 1912 and
No, 43 of 1912 Supp. Sched.
(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 buillding on land leased froin the Crown before the com-
inencenient of this Ordinance shall hereafter be erected or re-erected
to a height exceeding one and a hall' times the width of the street
upon which it fronts.
Provided that in the ease of any street existing on 29th December,
1894, which opens at both ends into main thoroughfares, if the
length of such street does not exceed 421 feet, and if such street is
clear of any obstruction including verandahs and balconies, either
vertical or lateral, throughout its entire length as measured from
the inain thorouo-lifares on to which it leads, the height of any build-
ing hereafter re-ereeted may be eqtial to the height of the existing
building, if stich existing building does not exceed in heioht twice
the width of such street.
If such existing building does exceed in height twice the width of
such street, the height of any building hereafter re-erected place
thereof shall not exceed in height twice the width of such street.
The arnount of compensation to be paid to the owner of any build-
ing re-erected within 10 'Years alter the commencement of this
Ordinance for the loss of any storey or storeys necessarily resulting
frorn the operation of this sub-section, shall be determined by arbi-
tration 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 froin the Crown after the com.
mencenient of this Ordinance shall be erected to a height exceeding
the width of the street on which it fronts.
(.5) INTo building shall exceed 76 feet in height above the level of
the street without the permission of the Board, and no domestic
building hereafte erected shall, except by permission of the
Governor-in-Council, exceed 4 storeys in height inculding the
ground storey.
189.-(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 principal front of such building
abuts the full vertical heights allowed by the foregoing section, and
by drawing from the points thus ascertained lines at angles of 30
degrees with the horizontal, and any part . of. the building, except
any chimney or party wall, or any ornamental tower, turret, or other
architectural feature or decoration, or any parapet not exceeding 3
feet in height, falling outside such lines, shall be deemed illegal.
(2) In the event of the street on which the principal front of a
buildirn, abuts not being level throughout the extent of such build-
C 0
ing, the height shall be measured from the central point of the
frontage of such building, and in the event of a building having two
or more principal fronts respectively abutting on streets which are
dissimilar in width or level, the Building Authority shall de(ermine
from what point or points the full vertical height as specified in the
foregoing clause shall be measured.
rD
Drainage Works.
189a. Where in the opinion of the Building Authority the site oil
n
which any domestic building is about to be erected or re-crected is'
so damp as to require sub-soil drains, adequate provision of such
drains shall be made to the satisfaction of the Building Authority.
190. Every owner of a new building erected within an urban dis-
trict shall conArtiet the ground floor oil such building at such
sufficiently higgb 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, at a point in the
upper half-diameter of such sewer.
191. All works connected with the construction, repair, amend-
ni.ent, disconnection, 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 satisfaction.
191-M The Building Authority may, by a written notice, re-
quire the owners of existing buildings, the drains of which are, i
c 1 1 in
his opinion, in a defective or insanitary condition, to construct,
within a reasonable time, new drains in accordance with the provi-
sions 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.
* As amended by No. 14 of 1908 and No. 1 of 19A.
f As amencled'by No. 43 of 1912.
As amended by No. 14 of 1908.
As amended by No. 14 of 1908, No. 1 of 1912 and No, 8 of 1912.
(2) -Drainage regulations shall be inade by the Governor-in-
Council, and shall be included in the schedule M.
193. If the Building Authority considers that a group of con-
tinguous buildings may be drained more advantageously in combina-
tion than separately, lie, may order that such group be drained upon
some combined 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 5vithout a sufficient drain, and if a public
sewer of sufficient size be within 1.00 feet of the premises or outer-
most boundaries of the lot on which such building is situated, and
ty
if stich public sewer be on a lower level, it shall be lawful for the
Building Authority to require the owner of such building to con-
struct a drain in such a nianner as shall allow of, the requisite
conit'minication with such public sewer, and such drain shall be
adequately trapped and ventilated to the satisfaction of the Building
Authority.
Provided always, that it anly owner, by order of the Building
Authority, drains his building into a public sewer, he shall not be
reqi,ilred to drain such building at his own expense into any other
public sewer.
195.Whenever the Building, Authority shall have reason to be-
lieve that the drains, of any building are defective and in a condition
injurious to health, it shall be lawful for lilin 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 groiind to be opened in any place lie may deeni fit, doing as little
darnage as may be, and shoLild such drains be found in a satisfactory
condition, they shall be reinstated and made. good at the public ex-
pense; but should such drains prove to be defective, the Building
Athority shall cause tbent to be properly reconstructed, repaired,
or amended by the owner in accordance with the provisions of this
Ordinance.
196. Every owner of a new building in places other than urban
districts shall construct the ground floor 1 or of such building at such
As amended by No. 14 of'1908 and No. 2 of 1912.
+ AS amended by No. 14 of 1908 and No. 1 of 1912.
As amended by No. 14 of 1908, No. 50 of 1911 and No. 2 of 19i2.
: As amended by No. 8 of 1912.
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 lawlully empty orwith any other
means of drainage with which such drain may lawfully comnium-
cate.
197. Whenever feasible, every drain in places other than urban 1
districts shall' hereafter be an open drain, consisting of a semi-
circular channel ol glazed stoneware jointed in cement-mortar or of
cement rendering oi a thickness ok' not less than half an inch, and
laid to adequate falls on a, bed of good lime or cenient-concrete to
the satisfaction of the Building Authority.
198. In isolated places not provided with any public drainage
systern, every such open drain shall lead to and enipty into a covered
sump or cesspit built of brick or lime-concrete, rendered sinooth in
good cement-mortar in such manner as to be water tight, or shall be
otherwise provided for as the Building Authority may approve.
~n
199. Every drain on private property shall be laid as directed by
the Building Authority under the provisions of this Ordinance; and
upon its completion, every such drain shall be connected with the
Government main sewer by the -Director of Public who shall
have power to regulate the number and position of the connections
to be made.
design of Buildings.
200. It shall not be lawful to ereet miy Chinese domestic building
other than quarters occupled by servants, within the European
Reservation or the Hill Distriet, and no non-Chinese domestic
building whether now built or hereafter to be built within such
European Reservation or 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 building has been built
within the European Reservation or Hill District, or that any
domestic building in either of such districts is sub-divided, in con-
e)
As amended by No. 14 of 1908 and No. 8 of 1912.
As amended by No. 14 of 1908.
As amended by No. 14 of 1908 and No. 1 of 1912.
As amended by No. 50 of 1911 and No. 21 of 1912.
As amendo by No. 2 of 1912.
travention of the provisions of this Ordinance, the Building Authority
or any-officer deputed by him for the purpose, shall inspect such
building, and any person in any way obstructing such inspection
shall be deemed to be acting in contravention of this Ordinance.
202. Nothing in the two foregoing sections shall be held to pre-
vent the owners of Chinese domestic buildings now existing within
the European Reservation or Hill District from repairing such
buildings in accordance with their present structure, nor shall any-
thing in this Ordinance be held to preclude 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 Depart-
ment, but they shall apply to any land now in the occupation of the
War Department whenever such land ceases to be in such occupa-
tion.
203. Nothing contained in the foregoing sections shall be held to
affect the right, which has hitherto been exercised by the Govern-
ment, of forbidding the erection in any part of the Colony (whether
in the European Reservation or the Hill District or elsewhere) of
buildings of a different character from those previously existing on
the same site. The Building Authority shall have the power to
refuse his appoval of the plaiis of any building which differs in
design or character from those in the immediate neighbourhood.
The Governor may, however, in his discretion permit the erection
within the European Reservation or the Hill District of buildings
of any type of architecture if he be satisfied that they are intended
for a useful public purpose other than habitation.
Occupation of new Buildings.
204.-No new building, except any matshed, shall be occupied,
except by caretakers only not exceeding two in number, until an
authorised architect shall have reported in writing to the Building
Authority that such building complies in all respects with the pro-
visions of this Ordinance, nor until the owner shall have received
from the Building Authority a certificate that the requirements of
this Ordinance have been complied with.
As aniended by No. 1 of 1912. For a modification of the provisions
of this section by a later Ordinance see No. 4 of 1904.
As ainended by '-\~o. 14 of 1908, No. 1 of 1912 and No. 8 of 1912.
Provided that if the Building Authority does not, within 14 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
may be occupied; and provided further that in the event of any
contravention of this section, the occupier and also the owner shall
be liable for such contravention, unless such owner proves that such
occupation has taken place without his knowledge or consent
~1 L .
Dangerous Buildings.
205. Every owner of a building which may be declared by the
Building -Authority, or an officer deputed by the Governor-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 on. the owner of an order in
witing from the Building Authority, or an officer deputed as
ri C
aforesaid, declaring that such buildin,g is in a dangerous condition
0
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 owner of a dangerous building cannot be found,
or if, on such notice in writing as aforesaid, he refuses or. neglects
within the time fixed in such notice to shore or otherwise properly
secure or to take down such dangerous building or such portion
thereof as may be declared to be dangerous by the Building
Authority, or an officer deputed as aforesaid, such dawrerous build-
ing 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 cost
thereof. from the owner.
As amended by No. 2 of 1912.
As arnended b
y No. 1 of 1912.
(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
recoverable from the owner.
The decision of the Building Authority or of the officer deputed
as aforesaid, that the particular case is one of emergency, shall be
final and binding on all persons.
207a. It shall bc lawful for a Magistrate on a representation
being made to him by the Building Authority, or by an officer
deputed by the Governor-in-Council in that behalf, that the whole
or any part of a building, by reason of any crack, settlement or
other defect having shown itself in it, or by reason of the materials
used or inethod of its construction having been found by examina-
tion to be defective, is liable to become dangerous, to order such
building or part of such building to be closed by or under the
n
1 b
direction of the Captain Superintendent of Police, and to remain
closed until the Building Authority, or an officer deputed as afore-
said, has certified in writing that the defects have been remedied
to his satisfaction. Provided that at least 7 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.
Any person found inhabiting or using any building or part thereof
closed as aforesaid shall be liable, on summary conviction, to a
fine not exceeding 100 dollars, and to a further penalty not exceed-
ing 50 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 aforesaid in the last three
sections.
Hoardings and Scaffoldings.
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 of the
Building Authority, who may grant such permission-on a written
application, and upon such conditions as will provide for the safety
ASamended by No. 14 of 1908, No. 30 of 1911, No. 50 of 1911,
No. 1 of ~912 and No. 21 of 1912.
As amended by No. 1 of 1912.
and convenience of passengers and the occupiers of adjoining pro-
perty. In all such cases the ground occupied must be enclosed with
a 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 pavement, side-eliannel and concrete
covering of any public thoroughfare shall not be broken up, or into,
by the excavation of holes for the purpose of securing any hoarding
or scaffolding poles.
Matslieds . and other Inflaniniable. Stmetures.
209.-(1) It shall not be lawful for any person to erect or main-
tain, whether for temporary or for permaDent occupation, any
buildin'e, of wood, mats, palin leaves, thatch, or other inflammable
material, without permission in writing from the Building Authority,
or an officer deputed by him 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.
(2) No such building shall. be erected on any land which is
situated within the gathering groand of any public reservoir, nor,
1 11 m
s ic reservoir, nor,
without the special permission of the Building Authority, on any
hill-slope draining into the City of Victoria.
(3) Any person who erects or maintains any building in con-
travention of the provisions of this section shall be liable, on
summary conviction, to a fine -not exceeding 100 dollars, and the
T 1
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 sufficiently heavy timber
shield, or taken such other precautions as shall effectually prevent
any fragments from being projected in such a manner as to
be dangerous, and unless, in addition, he shall previously have fully
warned all persons within a radius of 500 feet froin the proposed
blast by means of red flags and by the beating of a gong continued
for at least 5 minutes, previous to the firing off of such blast. No
blast shall be fired off except between the hours of 12 and 12.30 in
Asainended by No. 30 of 1911, No. 50 of 1911, No. 1 of 1912,
No. 2 of 1912 arod No. 21 of 1912.
As amendog by No. 1 of 1912 and No. 2 of 191.2.
the day and 4.30 and 4.45 in the evening, or between such other
hours as the Governor-in-Council may, by notification, appoint:
Provided that in all Government quarries, whether leased or other-
wise, the Wasting of stone shall be subject to regulations made by
the Govern or-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 any
land not under lease from the Crown, except subject to the
regulation s contained in schedule J, or such other regulations as
may be made by the Governor-in-Council, or without the permis-
sion in writing of the Director of Public Works, or in such manner
as sliall undermine or in any way prejudicially affect 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 like-
wise the contractor or foreman under whoin such labourer is
working.
Timber Yards.
212. Every timber yard for the storage of timber, other than
timber in baulk, situated within the City of Victoria, shall be
enclosed on all sides by a brick wall at least 10 feet in height and 14
inches thick, and shall have a clear passage riot less than 6 feet in
width between the exterior face of such wall and the nearest
buildings adjoining. It shall not nioreover be lawful to store more
than 300 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 .50 feet from any building.
Wells and Pools.
213. It shall not be lawful to sink or re-open any well, or
to permitany well to be sunk or re-opened, without the permission
of the Building Authority, who may grant the same on a written
application, provided there be no structural, sanitary, or other ob-
jection.
* As. amendel by No. 50 of 1911 and No. 8 of 1912.
As ainended by No. 14 of 1908 and No. 1 of lgig.
Every well shall be so donstructed 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 tbny 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 may 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 within the time limited in such notice.
If such notice is not complied with, the Board way 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 Ma gistrate order the well to be closed and filled up he may
impose a penalty Dot exceeding 5 dollars for each day his order is
not complied with.
Nullahs, Storm Water- Channel and Drains.
216. No building shall hereafter be erected over any public
drain, nullah, or storm water-channel, whether natural or artificial,
without the written consent of the Governor-in -Council.
217. No nullah, or storm water-channel, whether natural or
artificial, shall hereafter be covered over except by a bridge not
exceeding 50 feet in length, without the written consent of
the Director of Public Works.
218. All work permitted under the two preceding sections shall
only be carried out under such conditions as may be imposed by
the Director of Public Works, and to his entire satisfaction. In
framing such conditions, he shall make due provision for the subsoil
As aniended by No. 2 of 1912.
As arnended by No. 43 of 1912 Supp. Sched.
As ainendedmby No. 1 of 1912 and No. 2 of 1912.
drainage of adjacent land, -and for access for the purpose of
inspection and cleansing
0*
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, obst ruct, dam, or otherwise interfere with any drain,
nullah, catch-water or water-channel, whether situated on leased
or unleased Crown land, unless he ha.s provided to the satisfaelion
of the Director of Public Works for the esea,l)e of any waters
flowing through such drain, nullah, catch-water or water-Channel.
Boundary and Retaining Walls
220. No person shall construct or reconstruct any boundary wall
or enclosure wall, fronting any public road or thoroughfare within
an urban district, unless it is solid throughout its entire thickness
and built of brick or stone properly bedded and bonded together,
surmounted by a coping of dressed stone or properly moulded bricks
set in cement-niortar or constructed of such other materials as may
be approved by the Building Authority.
221. No person shall construct or reconstruct any retaining
wall whether of rubble masonry built dry or in mortar, or of
concrete, exceeding 1.2 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 6 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 1 foot square, or layers of c ern en t -concrete 1 foot
thick, extending back at least 2 fee; 6 inches into the thickness of
the wall. Provided that. the Building Authority
cases modify the above conditions.
Whenever such wall is built with mortar, adequate weep-holes
shall be provided.
may in special
Mans, Drawings, (iiid Notices.
221-M It shall not be lawful to conimence any building or
to repair or reconstruct any existing building without the consent
As ainended b * v No. 1 of 1912, No. 2 of 1912 and No. 8 of 1912.
As arnended by No. 50 of 1911, No. 2 of 1912 and No. 21 of 1912.
As amended by No. 50 of 1911 and No. 21 of 1912.
As alnended by No. 14 of 1908, No. 11 of 1909, No. 3o of 1911,
,~o. 51 of 1911, No. 1 of 1912, No. 2 of 1912, No. 8 of 1912,
W
1NO. 21 of 1912 and No. 43 of 1912 Supp. Sched.
of the Building Authority, and the following procedure shall be
adopted
(a) Notice in writing, in or according to the form contained 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 with the nurnber and section or sub-section of the lot on
which it is intended to build, and,shall give ally special or material
particulars in connection with the same which it is not, possible
to denote on the plans. Such notice shall also state the name and
address of the lessee or occupier of the lot or of the owner
or 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 signing such
notice shall state whether lie signs as lessee or owner or occupier
or agent, and the person so signing or, if he be absent
from the Colony, any contractor employed oil or abont 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, on summary conviction, to a fine not exceed-
ing 100 dollars.
(b) Proper plans of such building signed by an authorised 1
architect showingfigured dimensions and the position of all portions
of the building, and the purpose for which they are in-
tended, shall be submitted to the Building Authority with the
aforesaid notice and require to be approved by him as being
in conformity with the requirements of this Ordinance. Every
such plan shall, in the case of repairs or re-construction, 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 clearly differentiate
the old from the new, and shall also, unless crispensed with by the
Building Authority, show the details of any drainage to be
constructed. Every such plan shall 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 con-
struction, and shall also show the position and levels of the surround-
ing ground and buildings.
(c) A block plan showing the neighbouring streets and buildingd
and drawn to a scale of not less than 1 inch to 60 feet, shall also
be deposited with such plans.
(d) The Building Authority may also require any other informa-
tion concerning the proposed building and the uses to which it is
to be put that he may deem necessary.
(.2) The Building Authority shall within .28 days of the submis-
sion of such plans notify the person submitting the same or his
architect or other representative, of evers. mattel. 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
niav be coninienced in the same inaimer as if the approval of the
Buildin,a Authority had been received: Provided that in the event
of such plans having been withdrawn for alteration during such
period of '228 days by the persoii submitting the same, or his
architect or other representative, the salid period shall be calculated
from the date of their final submission.
(3) If the Building Authority shall within such period of 28 days
notify the person submitting the plans or his architect or other
representative of any matter in respect of whicb 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 aniendnients within a period of 14 days from the time the
amended plans are deposited with him, and if lie shall riot signify
his approval or disapproval within sucii period the building may be.
commenced in the same nianner as if the approval of the Building
Authority had been received.
(4) All plans subinitted to the Building Authority and not dis-
approved by him under siib-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 froin 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, any owner,
architect, engineer, or clerk of works who knowingly condones such
divergence, and any contractor employed in the building who
carries out such divergence, shall be liable, on summary conviction,
to a fine not exceeding 200 dollars in respect of every such diver-
gence.
(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 satis-
faction of the Ruilding Authority.
(7) In the case of any material misrepresentation in any plan
so deposited, the person who has signed it shall be liable, on
summary conviction, to a fine not exceeding 200 dollars.
(8) in the event of a notice in writing havin,g been given to the
Building Authority and of plans having been submitted to him as
required by sub-section (1), the Building Authority 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 from the person by whom, or on whose belialf, the former
notice or plans were given or submitted, or from his duly authorised
agent, revocation in writing of the former notice or plans.
t,
(9) In this section, and in sections '223 to 2.27, ---building
includes works,' and ---plan ' includes---drawing,' and ---build-
includes carry on works
223. It shall not be lawful to resume any building if work has
been suspended for a period exceeding 3 months, nor to commence
any building if it has not been commenced within 3 months of the
date of the approval by the Building Authority of the plans thereof,
until 7 days' notice in writing of the. intention to resume or
commence such building in or according to the form 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 the preceding section have, been amended (if
necessary) to the satisfaction of the Building Authority so as to
comply with this Ordinance. Every such notice shall specify the
number, if any, and the position or locality of the intended building
together with the number and section or sub-section of the lot on
which it is intended to build, and shall give any special or material
As amended by No. 14 of 1908, No. 30 of 1911, No. 1 of 1912,
No. 2 of 1912, No. 8 of 1912, No. 21 of 1912 and No, 43 of
1912 Supp
Sched.
particulars in connection with the same which it has not been
possible to denote on the plans. Such notice shall also state the
name and address of the lessee or occupier of the lot or of the owner
or 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 signing 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 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 in-
correct, be liable, on suniniary conviction, to a fine not exceeding
100 dollars.
224. In case any accident or eniergene shall render it necessary
to coinnience or resume any building immediately, it shall be lawful
so to do, provided due notice of the same be given to the Building
Authority within 2 days thereafter, specifying, in addition to the
matters hercinbefore nientioned, the nature of the accident or
emergency which has occasioned such necessity.
Alte,ration or Addition to existing Building.
225. No alteration, addition, or other building operation shall
be carried out for any purpose in, to, or upon, any existing building
unless an authorised 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.
Is. 226, rep. No. 14 of 1908, s. 71Poirers and Duties of the Building Authority 4s to entry and
inspection.
227-M The Building Authority, or any officer deputed by hirn
for the purpose, may at any time enter and inspect an.y building
As amended by No. 8 of 1912.
As amended by No. 50 of 1911, No. 1 of 1912, No. 8 of 1912 and
No. 21 of 1912.
Asamended by No. 14 of 1908, No. 50 of 1911, No. 51 of 1911,
No. 1 of 1912, No. 2 of 1912 and No. 8 of 1912.
for the purpose of ascertaining whether the 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 Ordinance have been contravened in any
partictilar, 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 person in charge of the erection of
any' building shall provide planks, ladders, or other reasonable
means of access to 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 necessary for
the purpose of making an efficient inspection thereof. -
(.2) For the purpose of inspecting any building or wall believed to
be in a dangerous condition the Building Authority, or an officer
deputed as aforesaid, may cause such openings to be made therein
as he may deein fit, provId that at least 24 hours' not We in writing
of his intention to inake any such openings shall bt. given to the
owner or his representative.
stoppage or Dirersion of Traffic.
228. The Director of Pubblic Works shall have power, on his being
le orks shall have power, on h's being
satisfied of the necessity therefor, to temporarily stop or divert or
partially stop or divert the traffic along any street, or to block up
or occupy or partially block up or occupy such street, for the
purpose of carrying out works of a public inature : 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 practicable.
Buildiny Nuisavees.
229.-(1) The following shall be deemed to be nuisances under
I'art III of this Ordinance :-
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.
* As. airiended by. No. 1 of 1912, No. 2 of 1912 and No. 8 of 1912.
t As aniended by No. 14 of 1908, No. 30 of 1911, No. 1 of 1912,
No. 2 of 1P12, No. 8 of 1912 and No. 21 of 1912.
3. Any building or works whatsoever hereafter commenced,
resumed, altered or completed in contravention of any of the
provisions of this Ordinance.
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 contrary to
the requirements of this Ordinance.
- 1 ive
5a. Any failure. to supply, or any inadequate or defective
provision of drain, drain trap, ventilating pipe,subsoil drainage or
cesspool accommodation.
ipe, subsoil drainage or
6. Any act, failure, neo-lect, omission, or refusal whereby any,
provision of this Ordinance is contravened.
7. Any act, failure, nealect, onlisslon, or refusal whereby any
condition or terni attached to the grant of any modification of or
exemption from any provision of this Ordinance is contravened.
(2) In respect of any offence against paragraph 5 of sub-section
I,any person who as architect,engineer ,or clerk of works,
specifies or knowingly condones the use of improper materials, or,
spec n ~ 011 1 -
as contractor, inakes use of ini-proper inaterials, and also the owner
of any building or works on which aniv such improper materials are
used, shall be liable, on coiiv~ction, to a fine not exceeding
500 dollars, and to a further penalty not exceeding -50 dollars a day
for every day that the imisance reniains unalbated.
Abatement of Nuisances.
230.-M The competent autliority to deal with nuisances under
this Part of this Ordinance shall, imless the context othenwise
requires, be-
(a) the Building Authority, or any officer deputed by him in that
behalf ;
(b) the head of the Sanitary Department, or any officer deputed
by him in that behalf, but in respect only of nuisances under
sections 139, 153, L-54 and 161, and of such other nuisances
as defined by this Part of this Ordinance as the Governor-in-
Council may empower him to deal with.
As arnended by No. 14 of 1908, No. 50 of 1911, No. 1 of 1912,
No. 2 of 1912 and No. 8 of 1912.
(2) Whenever the existence of a nuisance under this Part of this
Ordinance is brought to the attention of the competent authority as
hereinbefore defined, such authority shall serve a notice in the form
contained in schedule L (with such modifications, if any, as may
be necessary) on the person by whose act, default, or sufferance the
nuisance arises or continues, 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 inanner and the tinic within which it is to be abated, and in
the case of refusal or neglect to coniply with the requirements 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 directing such person or o.,vner to abate such nuisance
within a tinie to be fixed by such Mao-istrate : Provided that nothing
in this section contained shall prevent a conviction, under this Part
of this Ordinance, without service ol- such notice, in any ease in
which, in the opinion of the _Magistrate, service of such notice ougl.lt
not reasonably to have been required.
231. In case the sald musance shall not be aLated within the time
linilted, it shall be lawful lor a Magistrate to make an order em-
powering the Building Authority to abate the nuisance; and all
expenses incurred by sneh Authorilly in causing such nuisance to be
abated as aforesaid, sliall be paid by the person against
whom the, orlluinal order to a.ha-te such nuisance was inade, or failing
him by the without prejudice to any right of such person or
owner to recover the ainowit of such expenses from any lessee or
other person liable for the same.
232. Whenever the de-ttiolition of any building or works or any
part thereof shall take place under any orcler made under the pre-
ceding section, 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 materials thereof, without prejudice
to any other remedy, and, out of the monies arising from such sale
or disposition, to retain or pay the said expenses; and the surplus, if
any, shall be paid to the owner.
233. In case the person liable to pay the same shall not forthwith
pay all expenses incurred by the Building Authority in the abating
As arnended by No. 14 of 1908.
A,,. amendeh 1~ No. 14 of 1908 and,No. 1 of 1912.
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 tills Ordinance contained shall affect any othe'.
rell 1 iedy for the abatement of musances.
Service of Notice,Summons, or Order.
235. Any notice, summons, or order given, issued or made tinder
the provisions of this Part of this Ordinance, may be served upon
the person affected by the document to be served, either personally
or by leaving the saute with arty occupier of the premises to which
such document relates, or by leaving the same with some adult in-
mate at the usual or last known place of bussiness or residence of the
person to be served, or, if there is no occiipler of such premises, by
putting tip the document to be served on a conspicuous part of the
premises to which the same relates : Provided that any notice,
summons, or order re(ltured by this Ordinance to be given, issued or
made to the owner oI any premises, shall be served either by leaving
the same at the place of business or residence within the Colony ol'
such owner or of his authorised agentI, or if the whereabouts of such
owner or agent, be unknown, by lmsfing a registered letter addressed
to such owner, or agent, at his flast known place of residence or of
business in the Colony.
PART IV
RIGHTS OF BUILDING AND ADJOINING OWNERS.
236. Where lands held wider lease from the Crown by different
owners adjoin and are unbuilt oil at the line of junction, and either
owner is about to build on ally part of the line of junction, the
following provisions shall have effect :-
(1) If the building owner desire to build a party wall on the line
of junction he inay serve notice thereof on the adjoining owner
describing the intended wall
(2) If the adjoiDing owner consent 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 irlay be agreed between them;
* As arnendled by No. 1 of 1912.
+ As amended by No. 11 of 1909, No. 1 of 1912 aud No. 2 of 1912
As aniended by No. 2 of 1912.
(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 owrier do not consent to the building., of a
party wall, the building owner shall not build the As-all otherwise
than as an external wall placed wholly on his own land ;
(5) Ifthe building owner do not desire to build a party wall on the
line of junction but desires to build an external wall placed wholly on
his own land, be may serve notice thereof on the adjoining owner
describing the intended wall;
(6) Where in either of the cases aforesaid the building owner pro-
ceeds to build an external wa.11 on his own land, he sball have a right
at his own expense., at any tline after the expiration of one month
1 J 1 in -
from the service of tli6 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 scAld substructure there-
under, making conipensation to the adjoinincy owner or occupier for
any dan-tage occasioned thereby, tbe aniount of such conipensation,
if any difference arises, to be deteriniried in the manner in which
differences between building owners and adjoining owners are here-
inafter directed to be deternilned.
Where an external wall is built agalinst another external wall or
against a party wall, It shall be laAs-itil for the Building 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;
(2) to pull down and re-build 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 tirnber or other partition ishich divides any
buildings, and is not conformable with the provisions of this Ordi
nance, and to build instead thereof a party wall conformable thereto;
As aniended b * v No. 50 of 1911, No. 1 of 1912, No. 2 of 1912,
No~ 8 o
1,312 and No. 43 of 1912.
(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 re-build the same in coinforinity therewith ;
(5) in the case of buildings connected by arches or communica-
tions 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 conlornlitv witb this Ordinance, and to re-build
the same in conformity therewith;
(6) to raise and underpin ally party stnicturee permitted by this
Ordinance to be raised or underpinned, or ally external wall built
against such party structure, iipoii condition of making 'food all
damage occasioned thereby to the adjoining prernises or to the
internal finishlings and decorations and ol. carrying. up to the
requisite height al flues and chimney-stacks belonging to the adjoin-
ing owner on or against such party structure or external wall
(7) to ptill down any party structure which is of insufficient
1 is ol 1
strength for any building intended to be built, and to rebuild the
sarm of sufficlent strength for the above purpose, upon condition
of makling good all damage occasioncil thereby to the adjoining pre-
inises, or to the internal finishings and decorations thereof;
(8) to cut into any party structure upon condition of inaking good
all damage occasioned to the adioining premises by such operation
(9) to cut away ally footing or chimney breast, jamb or flue
projecting, or other projection from party wall or external wall
in order to erect an external wall against such party wall, or for any
other purpose, upon condition of makling good all darnage occasioned
to the adjoining preinises by such operation ;
(10) to cut away or take down such parts of any svall or buildling
of an adjoining owner as may be necessary in consequence of such
wall or building overhanging the ground ol the building owner, in
order to erect an upright wall against the same, on condition of
making good aiiv damage sustained by the wall or building by such
operation ;
(11) to raise a party fence wall, or to pull the same down and
rebuild it as a, party wall;
(12) to perform any other necessary ,works incident to the connec-
tion of a party structure with the premises adjoining thereto :
Provided alway, that these rights shall be subject to this qualifi-
cation, that ally building which has been erected prior to the com-
mencement of this Ordinance shall be deemed to be conformable
with the provisions thereof if it be coll'ormable with the provisions
of the Ordinances regulating building before the connuencement of
this Ordinance.
20.8.-(1) Where a building owner propses to exercise any of the.
foregoing rights with respect to party sturctures, the adjoining
owner may by notice require the building owner to build on any
s 1 y 1 - ainhs, or bi-Casts, or
such party structure such chimney copings,jamgs,or breasts,or
11 1J
flues, or such piers or recesses, or any other like works as may fairly
be required for the convenience of such adjoining owner, and may
j - ing owner, and may
be specified in the notice ; and it shall be the ditty of the building
owner to comply with such requisition in all eases where the execti-
tion of the required works will not be injurious to the building
owner, or cause to him unnecessary inconvenience or unnecessary
delay in the exercise. of his right.
(22) Any dulerence that arises between a building owner and an
adjoining owner in respect of the execution of any such works shall
be determined in the manner in which dofferences between building
c
owners and adjoining owners are hereinafter directed to be deter-
mined.
239.-M A building owner,execpt with the consent in
witing of the adjoining owner, and of the adjoining occupiers in
r 1 of the adjoining oecul-jers, 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 any party fence wall unless at
least one month, or exercise anyIii., rights under this Ordinance
in relation to any party wall. or party structure other than a party
fence wall, unless at least 2 months before doino, 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 and
particulars of the proposed work and the tinie at wbich the work
is proposed to be commenced.
. (12) When a building owner ill 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 hoarding and shoring or temporary construction for protec-
AP anionded
No. 8 of 1912 and No. 43 of 1912 Supp. Sched.
tion of the adjoining land or building and the securlity of the adjoin-
ill's occupier.
(3) A building owner shall not exercise any rlight given to hill, by
this Ordinance in such manner or at such time as to cause unneces-
sary inconvenience to the adjoining owner or to the adjoining
occupier.
(4) A party wall or structure notice sliall not be available for the
exercise of any right, unless the work to which the nofice relates is
begim -kvitbin 6 month., after the service. thereof, and is prosecuted
with due diligence.
(.5) Within one month after receipt of stich notice the adJoining
owner may serve on the building owner a notice requiriting him to
build on any such party structure any works to the contruction of
which lie is hereinbefore declared to be entitled.
(6) The last-nientioned notice sliall specity 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 do not witbin 14 days after the service on him
of any notice, express his consent thereto, be shall be considered as
having dissented therefroni, and thereupon a difference shall be
deerned to have arisen between the building owner and the adjoining
owner.
21l0.-(],) In all cases not specially provided for by this Ordi-
nance, where a differelice arises between a building owner and an
adjoining owner in respect of any niatter arising with reference to
any work to which any notice slveii tinder this Part relates, unles
both parties concur in the appointment of one architect they shall
each appoint an architect, and the two architects so alipointed shall
select a third architect, and the two architect., or three architects,
or any two of them, shall settle any matter from time to fline during
the continuance of any work to which the notice relate~ in dispute
between such bulldinl- owner and adjoining owner, with power by
his or their award to. determine the rllcyht to do,- and the tirne and
manner of doing 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.
Aqamended by No.. 1 of 1912, No. 2 of 1912, No. 8 of 1912,
No. 21 of i912 and No. 43 of 1912.
(2) Any award given 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 14 days froni the date of the
delivery of the award, appeal therefrom. to a Judee in Chambers,
who may, subject as hereafter in this section mentioned. rescind the
award or modify it in such manner as he thinks just.
(3) If either party to the difference make default in appointing
an architect for 10 days after notice has been served on him by the
other party to make such appointment, the party giving tlic, notice
may make the appointment in the place of the party so inaking
default.
(4) The costs incurred in making or obtaining the award shall be
paid by such party as the architect or architects determine.
(5) If the appellant on appearing before the Judge declare his
unwillingness to have the matter decided by him, and prove to his
satisfaction that in the 'event of the matter being decided against
him he will be liable to pay a, sum, exclusive of costs, exceeding 500
dollars, and gives security, to be approved by the Judge, duly to
prosecute an action in the Supreme Court and to abide the event
thereof, all proceedings in Chambers shall thereupon be stayed, and
the appellant may bring an actian in the Supreme Court against the
other party to the difference.
(6) The plaintiff in such action shall deliver to the defendants 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-appear-
ance 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 de-
cided 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.
1.8) Where both parties have concurred in the appointment of one
architect, then, if he refuse or for 7 days neglect to act, or if be die
or become incapable to act before he has made his award, the matters
in dispute shall be determined in the saine 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 lie, refuse, or for 7 (lays neglect
to act, or before such difference is settled, die, or become incapable
to act, the two architects shall forthwith select another architect in
his place who sliall 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 7 days after reqtje,-3t 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 party, appoint
the Director of Ptiblic M7orks or soine other fit person to act as third
architect who shall have the saine. powers and authorities as if he had
been selected by the two architects appointed by the. parties.
(11) Where each party has appointed an architect, then, if before
the difference is settled either architect die, or become incapable to
act, the party by whom he was appointed may appoint some other
axchiteet to act in his place, and if for the space of 7 days after
notice served on him by the other party,- for that ptirpose, he fall 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 ; an architect so substituted
as aforesald shall have the same powers and authorities as were
vested in the former architect at the time of his death or disability.
(1.2) M7here each party has appointed an architect, then, if either
of the architects reftise, or for 7 days neglect to act, the other may
proceed ex parte, and his decision shall be as effectual as if he had
been a single architect in -whose appointinent both parties had con-
enrred.
(13) In Part IV architect - means authorised architect,'
and ' Part - means Part of this Ordiwince.'
1 authorised architect,-
241. A 1)A building- owner, his servants, agents and workmen, at all
usual times of working, may enter and remain on any premises for
C
the purpose of executing, and may execute any work which he has
become entitled or is required in pursuance of this Ordinance to
execute, removing any furniture or doing any other thing which may
AS amended by No, 1 of 1912 and -'Zo. 2 of 1912.
be necessary; and if the premises are closed, be and they may,
accompanied by a constable, 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 14 days'
notice of his intention so to do to the owner and occupier; in case of
emergency lie shall give such notice only as may be reasonably
practicable.
242. Where a building owner intends to erect within 10 feet of a
building belonging to an adjoining owner a building any part of
which within such 10 feet extends to a lower level than the founda-
tions of the building belonging to the adjoining owner, he may, and
if required by the adjoining owner shall (subject as hereinafter pro-
vided), underpin or otherwise strengthen the foundations of the said
building so far as may be necessary, and the following provisions
shall have effect :-
(1) At least 2 months' notice in writing shall be given by the
building owner to the adjoining owner stating his intention to build,
and whether he proposes to underpin or otherwise strengthen the
foundations of the said building, and such notice shall be accom-
panied by a plan and sections, shewing the site ol the proposed
building, and the depth to which he. proposes to excavate :
(2) If the adjoinirig owner shall, within 14 days after being served
with such notice, give. a counter-notice in writing that he disputes
w otice in writincr that he disputes
the necessity of such underpinning or strengthening, or that lie
requires such underpinning or otherwise, then if such counter-
notice is not teqtileseed in, a difference shall be deenied to have,
arisen between the biffiding owner and the adjoining owner
j 11-to
(3) The building ownershall be liable to compensate the adjoining
owner and occupier for any inconvenience, loss or damage which
may result to them by 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 otherwise be subject in
case of injury caused by his building operations to the adjoining
owner.
243. An adjoining owner may, if he think fit, by notice in
writing, require the building owner (before commencing any work
As amended by No. 8 of 1912.
As amende(~ by No. 1 of 1912, No, 2 of 1912 and No. 8 of 1912.
which he 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 ex-
penses, costs and compensations in respect of the work as may be
payable by the building owner.
The building owner may, at any time after service on him of a
party wall or party structure requisition by the adjoining owner, and
before beginning a work to which the requisition relates, but not
afterwards, serve a counter-requisition on the adjoining owner, re-
quiring him to give such security for payment of the expenses, costs,
and compedation for which he is or will be liable, as may be agreed
upon, or in case of difference, as may be settled as aforesaid.
If the adjoining owner do not within one month after service of
the counter-requisition give security accordingly, he shall at the end
of that nionth be deenied to have ceased to be entitled to compliance
with his party wall or party structure requisition, and the building
owner may proceed as if no party wall or party structure requisition
had been served on hini by the adjoining owner.
24C-0) As to expenses to be borne. Jointly bY the building owner
and the adjoining owner---
(a) If any party strncture be defective.or out of repair the ex-
penses of rnaking.good, underpinning, or repairing the same shall be
borne by the building owner 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 be pulled down and re-built by reason
of its being so far defective or out of repair as to make it necessary
or desirable to p-till it down, the expense of such pulling down and
re-building 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, be pulled
down in exercise of the rlight by this Part vesti~d in a building owner,
and a party structure be built instead thereof, the expense of build-
ing such party structure and also of building any additional party
structures that may be required by reason of the partition having
been pulled down, shall be borne by the building owner and adjoin-
ing owner in due proportion, regard being had to the use that each
1 * As aniended by No. 2 of 1912 and No. 8 of.1912.~
owner may make of the party structure and to the thickness required
for the support of the respective buildings parted thereby;
(d) If 1 any rooms or storeys or any parts thereof, the property of
diffetent owners, and intermixed in any building, be pulled down in
pursuance of the right by this Part vested in a, building owner, and
be re-built in conformity with this Ordinance, the expense of such
pulling down and re-building shall be borne by the building owner
and adjoining owner in due proportion, regard being bad to the use
that each owner may make of such rooms 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 communications, or any part thereof,
be pulled down in pursuance of the right by this Part vested in a
building owner, and be re-built in conformity with this Ordinance,
the expense of such pulling down and re-building 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 coin-
munications.
(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 be raised or underpinned in pursuance of the
power by this Part vested in a btulding owner, the expense of raising
or underpinning the same and of making good all damage occasioned
thereby, and of carrying tip 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, 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, be pulled down and re-built by the building
owner, the expense of pulling down and re-building the same and
of making good any damage by this Part required to be 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;
1 (c) If any party structure be 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 build-
ing owner;
(d) If any footing, chimney-breast, jamb or floor be 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 be made good shall be borne by the building owner;
(e) If any party fence wall be raised for a building, the expense
of such raising shall be borne by the building owner;
(f) If any party fence wall be pulled down and built as a
party wall, the expense thereof shall be borne by the building
owner.
(3) If at any time the adjoining owner make use of an party
1 y
structure or external wall (or any part thereol) 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 made 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)-
(1) of raising or underpinning such party structure or external
wall, and of making good all such damage occasioned thereby to the
adjoining owner, and of carrying up to the requisite height all such
fines and chlinney-stacks belonging to the adjoiDing owner on or
against any such party structure or external wall as are by this Part
required to be made good and carried up;
(ii) 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 syboie or part to be borne by an
adjoining owner the building owner shall deliver to the affloining
owner an account, in writing of the particulars and expense of the
work, specifying., aDy 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 average rates and
prices according to the nature of the work, and the locality and the
market price of materials and labour at the time.
216. At any time within one month after the delivery of the said
account the adjoining owner, if dissatisfied therewith, may declare
his dissatisfaction to the building owner by notice in _writing served
by himself or Ins agent, and specifying his objections thereto, and
thereupon a difference shall be deemed to have arisen between the
As amended by No. 8 of 1912.
As aniencled by No. 1 of 1912 and No. 8 of 1912.
parties, and shall be determined in manner hereinbefore provided for
the settlement of differences between building and adjoining owners.
247. If within the said period of one month the adjoining owner
do not declare in the said manner his dissatisfaction with the
account, he shall be deerned to have accepted the saine, and shall
pay the same on demand to the party delivering the account, and if
he fail to do so, the amount so due may be recovered as a debt.
218. Where the adjoining, owner is liable to contribute. to the
1 1 c
expenses of building any party structure., then, until suell contri-
bution is paid, the building owner at whose expense the saine wa,s
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 sarne may be recovered froni hini as a debt.
250. Nothing in this Ordinance sliall authorise amy interference
with any other easeirients in or relating to a party wall, or take
away, abridge, or prejudicially affect 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 pufled down or re-bulilt.
c
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 operation of this Ordinance, but any person
claimiflo- any compensation payable under this Ordinance shall,
unless the assessment thereof is otherwise provided for by this
Ordinance , submit to the Colonial Secretary on the saine date as
the plans relating to the works in respect of which such compensa-
tion 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
* As amended by Not 43 of 1912 Supp. Sched.
f As amended by No. 23 of 1903, No, 1 of 1912 and No. 2 of 1912.
the Board or in the Governor-in-Council, the person claiming shall
await the decision of the Board or ol the, Grovernor-in-Council before
proceeding with the works.
252. In the event of dispute, the amount of compensation, if any,
payable tinder this Ordinance shall he determined by arbitration in
the manner following :-
(1) There shall be two arbitrators, one. of whom shall be nomin-
ated by the Governor and the other, by the person clail-fling
compensation.
The two arbitrators so norninated shall view the premises,
enquIre 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 ol disagreement they shall, and at any stage of the
arbitration they inay, refer the matter in dispute to a. Puisne Judge
9
in Chambers as timpire, and his decision shall be final.
(3) The decision of the arbitrators or unipire shall be forwarded
in writing to the Colonial Secretary.
253.-0) The arbitrarors and timpire in determining the coin-
pensation to be paid and in estimating lor stich purpose the value oF
any land resumed or of any building thereon,-
(a) may take into consideration the rate-able value and the net
rental of the premises as furnished by the owner in pursuance of the
Rating Ordinance, 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 im-
provement oil the premises made after the d ate of the submission of
the claim to the Colonial Secretary (unless such addition or improve-
ment was necessary fQr the maintenance of the premises in a proper
state of repair) ; and
(C) shall not make any allowance in respect of the acquisition
being compulsory.
(2) The said arbitrators or umpire shall also receive evidence to
prove,-
W
As amended by No. 14 of 1908, No. 1 of 1912, No. 2 of 1912 and
No. 27 of 1912.
As amended by No. 14 of 1908, No. 1 of 1912 and No. 2 of 1912.
(a) that the rental of the Preinises was enhanced by reason of the
same being used'as a. brothel, or as a gaming house, for any other
e, or for any other
illegal purpose; or
(b) that the rental of the premises was enhanced by illegal over-
crowding; 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 brotbel, or as a gainino. house or for any
~n
illegal purpose, or had not been illegally overcrowded; and
(b) in ease (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 deductino. the estimated expense
of abating the nuisance, or of putting them into such repair, as the
case 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 arbitra-
c
tors, if either of them sball from arty cause be unable to act, his
place, if he be a person appointed by the Governor, shall be filled
by son-ie other person so appointed arid if he be a person appointed
by the claimant shall be filled by some other person se appointed.
P ART VI.
CONTRAVENTIONS AND PENALT1ES.
255. Every act, failure, neglect, or omission whereby any require-
ment 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 Ordinance.
As arnended,~y No. 1 of 1912.
256. All penalties imposed by Part II of this Ordinance may be
recovered stuninarily at the suit of the secretary, of the medical
officer of health or of any assistant medical ofincer of health, or of
siicb other officer as the Board may depute.
257. Any 1)erson who as architect, engineer, clerk of works, con-
tractor, forcinan, or. workman is responsible, either alone or jointly
with others, for the existence of any nuisance as defined by Part III
of this Ordinance, and also the owner of ally building or works on
le-
which any such nuisance exists shail be fiable, on summary convic-
tion., to a fine not exceeding 200 dollars, and to a further penalty not
exceeding .20 dollars for every (lay that the nuisance remains un-
abated.
258. An person who refuses to obev the order of any -.~laaistrate
inade under the provisions ed Part Ill of this Ordinance, or who,
without re-asonable cause,refuses to permit the Building Authority,
or any officer deputed by such Authority, to enter or inspect any
building or works in the performance,of his duties under this Ordi-
nance, and any person ivho shall obstruct or hinder the Building
Authority, or such officer as aforesaid, in the execution of the
powers vested In him by this Ordinance or by any order of a
Magistrate, shall be liable, on sunin-lary conviction, to a fine not
exceeding 200 dollars for every such offence.
259. Any person who contravenes any of the provisions of this
Ordinance in respect of which contravention no special penalty is
otherwise provided sball be liable, on snininary conviction, to a fine
not exceeding 100 dollars.
Is. 260, rel). No. 8 of 1912.]
261. where a contravention of any of the provisions of this Ordi-
nance is committed by any company or corporation, the secretary or
manager thereof may be surnmoned and shall be held liable for such
contravention and the consequences thereof.
262. Where proceedings under this Ordinance are competent.
against several persons in respect of the joint act or default of such
AR amended by No. 14 of 1908, No. 1 of. 1912 -and No. 2 of 1912.
As aniended by No. 14 of 1908, No. 30 of 1911, No. 1 of 1912 and
No. 21 of ~912.
A. amended by No. 80 of 1911, No. 1 of 1912 and No. 21 of 1912.
As amended by No. 30 of 1911, No. 1 of 1912, No. 21 of 1912 and
No. 43 of 1912 Supp. Sched.
As amended by No. 1 of 1912.
1'
persons, it shall be sufficient to proceed against one or more of them
without proceeding against the others.
Special Powers of Magistrate.
263. It shall be ' lawful 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 be forthwith closed by or under the direction
of the Captain Superintendent of Police, and to remain closed until
the alterations or removal required by sections 1.54 and 17.5 have or
has been certified in writing by the secretary to have been made and
completed to the satislaction of the Board. Any person found living
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 Magistrzite in any case n whihc it is
proved to his satisfaction that any mezzanine floor, cockloft, cubicle,
partition, or shop-division is riot in accordance witi, the provisions
of this Ordinance, to order either in addition to or in substitution for
any penalty specified in this Ordinance, the immediate dernolition'
removal, and destruction thereof or of ally portion thereof by any
officer ol the Sanitary Department and no compensation shall be
payable to any person in respect of ally damage done thereto by such
demolition, removal, and destruction.
264a.-M If admission to premises for any of the purposes of this
Ordinance is refused, any Magistrate on complaint thereof on oath
by any officer authorised by this Ordinalice to enter and inspect pre-
mises (made after reasonable notice in writing of the intention to
make the same has been given to the person having etistody of the
premises, if such person there. be)may , by order tuider his band,
require the person having the custody oi- 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, oil oath before him
of that fact, by order under his hand, authorise any such officer to
enter the premises during the prescribed hours.
As amended by No. 1 of 1912.
As amended by No. 1 of 1912, No. 2 of 1912,'No. 43 of 1912 and
No. 43 of 1912 Supp. Sched.
As amen~ed by No, 14 of 1908, No. 1 of 1912 and No. 2 of 1912.
(2) After a MagIstrate's order has been obtained under this
section any officer authorised to inspect premises tinder this Ordi-
nance . inay, if necessary, break into the premises named in the
order.
(3) Any order made by a Magistrate under this section shall con-
tinue 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 from
any of the provisions of sections 1-51, 1.53, 17-5, 1.76, 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 exemption has been gralited by hini 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.
MISCELLANE0t,'S PROVISIONS.
Aooeal to the Governor-in-council.
265. whenever any person is dIssalisfied 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 Ordinance 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 when-
ever 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 inrelation
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 No. 14 of 1908, No. 1 of 1912 and No. 43 of 1912
As amended by !so. 14 of 1908 and No. 2 of 1912.
The grounds of such appeal shall be concisely stated in writing,
and the appellant may, if he so desire, be present at the hearing
of such appeal and be heard in its support either by himself or by
his representative, and the Governor-inCouncil shall thereafter
determine the matter in the absence of, and without further
reference to, the Building Authority.
The Clerk of the Councils shall give the appellant 7 days notice
of the hearing of the appeal, and shall at the same til-ne 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 decilied to
prevent any person from applying to the Supreme Court for a
mandainus, injunction, prohibition, or other order,. should he elect
so to do, instead of appealing to the Governo-in-Council under this
section.
265a. In any appeal under the provisions of the last section the
Governor-in- Council may at any time in his discretion, dliect 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 terms of such
case shall be agreed upon by the parties concerned, or in the event
of their failure to agree shall be settled by the Full Court. The
Full Court shail hear and detern-tine the question of law arising on
any case stated as aforesaid, and shall reinit the matter to the
Governor-in-Council who'sball give eftect by order to the 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, prohibition,
or other order shall be taken against the Governor-in-Council in
respect of anything arising out of this sectioif.
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.
265c. The breach of or failure to perform any term or condition
attached to any modification of or exemption from any provision of
As amendec~by No. 14 of 1908 and No. 1 of 1912.
As amendexl by No. 14 of 1908.
this Ordinance shall entitle the authority by whom such modifica-
tion or exemption was granted, to cancel 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 inemorandum stating the effect of any modification 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 against the property affected on pay-
nient by such owner of a fee of $3 (such fee to be paid in stamps) ,
and in the event of the cancellation of any modification or exernp-
tion a memorandum thereof signed by or on 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. aniend, 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, 111, and IV of this Ordinance. shall not apply
to any part of the New Territories, except to New Kowloon, unless
the Governor-in-Co,incil shall by order otherwise direct; and the
provisions of sections 111 and 11.2 sliall not -apply to any domestic
building which existed on .29th December, 1894, unless such build-
. ' ' 'ti 1 ;1 -
ing, is sutyated within the City of Victonia, or at Kowloon, New
Kowloon, Quarry Bay, Sliaukiwan, or Aberdeen, or within such
other districts or places as may bc notified by the Governor-in-
Council.
(2) The provisions of sections 204, 222), and 22-5, so far as they
relate to authorised architects shall not apply in any case in which
the Building Authority shall so decide, and the Governor-in-
Council. may direct the Building Authority to prepare type-plans
As amended by No. 14 of 1908, No. 1 of 1912, No. 2 of 1912 and
No. 43 of 1912 Supp. Sched. -
Asamended by No. 14 of 1908, No. 50 of 1911, No. 1 of 1912,
No. 2 of 1912 and No. 21 of 1912.
Asamended by No. 14 of 1908, No. 50 of 1911, No. 1 of 1912,
No. 2 of 1912, No. 8 of 1912 and No. 43 of1912 Supp. Sched.
The Governor-in-Council has applied sections 90 and 211 to the
New Territories see G. N. 119 of 1909 and G. N. 689 of 1908.
and may make regulations in regard to such type-plans if approved,
and domestic buildings may, 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 out-
side an urban district.
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 it the date of the issue of such certificate or
written permission.
269. No matter or thing done by the Board or Building Authority
or by any member of the Board, or by any otficer of the Department
or other person whonisoever acting under tbe direction of the Board
or Building Authority shall, if it was done bona fide for the purpose
of executing this Ordinance, subject theni or any of them personally
to any action, liability, claim, ordemand whatsoever: Providedthat
nothing herein contained shall exempt any person from any pro-
ceeding 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 coinnienced against the
Board or Building Authority or any person acting under their or
his direction or any member of the Board or officer of the Depart-
ment, 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, rel). No. 43 of 1912 Supp. Sclied.].
As amended by No. 43 of 1912 Supp. Sched.
As amended by No. 23 of 1903, No. 14 of 1908, No. 1 of 1912
No. 2 of 1912 and No. 8 of 1912.
As amenjed by No. 8 of 1912.
As amendod by No. 50 of 1911.
SCHEDULE B.
BY-LAWS.
Bake-houses.
Is. 16.]
[21st February, 1903.]
1. All premises now used or hereafter used as a bake-house shall be
registered annually, during the month of January, at the office of the
Board, and every application for registnalion shall be made in the form
attached to these by-laws.
2. Every bake-house shall be adequately lit and ventilated to the
satisfaction of the Board, and the ground surfaces shall be paved with
a layer of not less than 6 inches of good lime-conerete or not less than
3 inches of cement concrete composed oi one part cement, 3 parts of
sand, and 5 parts of stone broken to pass through a one inch ring, and
the surface thereof shall be rendered smooth and impervious with a
laver of asphalt or celnent-mortar of not less than A inch in thickness,
oisuch other material as the Board may approve of.
3. Every bake-house shall have an ample supply of good potable
water and, except 5vith the special permission, of the Board, this water
shall be laid on to the bake-house from the ptiblic water mains.
4. Ever vbake-house shall be so drained as to be in accordance with
the reauirenients of the Public Health and Buildings Ordinance, and
all inlets to the drains shall be placed outside the building,
5. No water-closet, dry-closet, earth-closet, or urinal shall be within
or in direct communication with any bake-house.
G. Everc bake-house shall be kept at all times in a cleanly condition
and free frorn all noxious matter. The troughs, tables and utensils in
use in the bake-house shall be thoroughly cleansed and the floors pro-
perly swept it least once in every 24 hours. The whole of the interior
walls and the ceilings of the rooi`ns of the bake-house shall be properly
lmewashed and the woodwork thoroughIv scrubbed with soap and
water during the months of January and july of each year.
7. No animals except eats 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 manufactre 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 Department.
As amended by G. N. 942 of 1908.
As amended by No. 1 of 1912.
As amended by No. 23 of 1903 and No. 1 of 1912.
10. No pey, other than one caretaker shall occupy between the
hours of 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.
11. _No premises shall 14e used as a buke-house, until such premises
have been approved by the Board as being in accordance with the by
laws relating to the of bake-houses, and have. been re-istered.
Form of Applicaliow
I, the undersinged, hereby notify the Sanitary Board that I propose
to commence/contunue business of a public bakery on the premises
known as No. Street, floor,
Lot No. and I beg leave to request that the said premises may
be duly registered as a public bakery.
Signature of Applicant.
Basements.
[15th MaY, 1908.]
awfl
1. The conditions under which alone it shall be lawful to live in,
occupy, or use, or to let sub-let or to sufter or permit to be used for
habitation any basement shall be-
(i) that such basement is provided witb one window at least opening
n
into the external air, aiid that the total glazed area of such window, or
windows is at least one-tenth of the floor area of such basement;and
(ii) that no side of such basement abuts against, the earth or soil to
an average height ecxeeding 4 feet above the floor level; and
(iii) that throughout the remainder of the heiglit of such basement
the ground outside is at least 8 feet distant horizontally from the ex-
ternal wall of such basement; and
(iv) that the area formed between such ground outside and such
external wall is not obstructed or covered over either whollY or partially
by the erection of structures, coverings or fixtures of any kind whatso-
ever:
Provided alwavs that tbe Board may, if it thinks fit, grant permission
in writing to obstruct or cover such area in any manner which ma be
previously 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 to suffer or permit to be used. for occupation
as a shop, worksliop,or factory any basement shall be that such base-
As atriended by No. 51 of 1911.
As aniended by No. 1 of 1912.
As ainctide~,ky ',\o. 2 of 1912.
ment complies with the provisions of the preceding bY-law, or that 'such
basement does riot exceed 30 feet in depth, as rneasured from the front
wall to the back wall, and is lit, ventilated, arid maintained in a sani-
tary condition to the satisfaction of the Board.
Such shop, workshop, or factor may not be used for habitation
except by such number of persons as the Board may authorise in writ
ing, and in every case in which the Board authorises auy person or
c y
persons to use for habitation any such shop, workshop, or factory,
sleeping accommodation shall be provided by the erection of a cockloft
0
or bunks which shall have a cleat of at least 4 feet between it or
them and such side or sides of the basement as abuts or abut against
the earth or soil.
Cattle-sheds, Pig-sties, etc.
[21st February, 1903.]
1. Annual licences, expiring on 31st, December of the year in which
they are granted, shall be. issued for the keeping of cattle, swine, sheep
and goats.
2. AnY person desirous of obtaining a licence to keep cattle, swine,
sheep or goats shall malke application to the Ijoard by means of a pro-
perly filled-in form, for which purposo blank forms can be obtained
from the Secretary at his office.
3. No building in which cattle, swine, sheep or goats are housed shall
be situated neare- than 6 feet to any dwelling-house, nor shall such
building in any way counect with a public or private sewer, except with
the special permission. of the Board.Such building shall be built of brick
or stone or of other material to be approved by the Board and shall be
linghted and ventilated to the satisfaction cif the Board, aild the flooring
thereof shall be of granite slabs, concrete, or other impervious material
and provided with watertight channels for draining all urine and fluid
noxious matters into a m,atertilglit covered sump or such other place as
may be approved of by the Board.The sninp shall be constructed to
theof the Board and shall be emptied arid the contents
thereof together with solid manure irr the bitilding removed daily. The
Board may Jlowever waive any of these conditions, provided that in
the opinion of the Board such jan be done without danger to the public
health.
4. Each cow shall have at least 32 square feet nett area of standing
0
room, and 360 cubic feet of air-space. In no case shall the, building bo
less than 12 feet in height.
5. Each sheep and goat shall have at least 8 square feet of standing
room and 90 cubic feet of air-space.
6. Each pig shall have at least 8 square feet ofIstanding room, and
every pig-sty shall be not less than 4 feet at height at its lowest part.
1
As amended by No. 1 of 1912.
As amended by G. N. 874 of 1908.
7. The buildings shall be at all times kept in a cleanly condition, and
the walls scraped and limewashed during the months of January and
July of each year.
8. A building for which a licence is held to house cattle, swine, sheep
or goats shall not be used for any other purpose thall 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.
9. Buildings in which cattle, sheep, goats and swine are housed shall
cl
be at all times open to inspection by ally member of the Board or officer
of the Department.
10. Every licensee or, ill his absence, the person ill charge of the
animals shall, with all possible speed., report to the Colonial Veterillarv
Surgeon or to the officer ill charge of the nearest police station any and
every case of disease occurring amongst his animals. In the event of
an animal dying the carcase shall not be removed or buried without an
order in writing from the Colonial Veterinary Surgeon or from some
person authorised by him.
11. The Board may, in its discretion, cancel ally licence to keep
animals if the holder of such licence is a second tinie convicted before
a Magistrate for a breach of these by-laws.
12. In the calculation of cubic Space tinder No. 4 of these by-laws,
two calves under one year shall be counted as one cow.
13. In tile calculation of cubic space tinder Nos. 5 and 6 of these
by-laws, two larnbs, two kids-and two voung pigs under 4 nionths shall
be counted as one sheep, one goat, and one pig respectively.
14. Any person desirous of obtaining a licence for a building in which
5 C>
animals are to be housed shall make adequate provision that such build-
ing shall have a suitable supply of good wholesorrie, water for the use of
the animals to be housed therein, and such supply of water shall be
within such distatice of such buildin. as shall in each case be deter-
mined by the Board.
Cemeteries.
A. 14th December, 1908.]
Ceuieteries other than Chinese Cemeteries.
1. Every cemetery shall be at all times open to inspection by any
nieinber of the Board or by the Head of the Department or any officer
of the Department directed by llim to make such inspection.
2. Each grave shall bear a number.
3. A. register shall be kept by the person or persons in charge of each
cemetery, at or near such cemetery, and the date of burial, name, sex
As amended by 1No. 1 of 1912.
As iLiiei)de(l by Xo. 23 of 1903 aild No. 1 of 1912.
As ainended by No. 2 of 1912.
-10
and age of each person shall be entered therein against the number of
a 0
the grave in which the corpse is interred. Such register shall be open
to inspection by anv member of the public, at ally reasonable hour.
4. Each grave shall be dug to a depth of at least 5 feet, with the
1~ P
exception of the graves of children under 10 Years of a-e whiell need
not exceed 4 feet ill depth.
5. Except in the cases hereinafter specified only one corpse shall be
placed ill one grave. Exceptions: (A) In the case of the interment of
children under 10 Years of age more then one corpse may be interred in
one grave, provided the top of the uppermost coffin is at least 30 inches
below the ground surface; (B) More tlian one member of the same
family may be interred. in one grave, provided the top of the uppermost
coffin is 30 inclies below the ground surface.
6. The interspace between. any two coffins (except when buried in a.
single grave under by-law No. 5) at anY point shall be at least 18 inches.
7. Each gyravel shall be properly covered with turf or such other
material as may be approved by the Board, within 12 months of the
grave being, filled in.
0
8. Except for the purpose of further interment under by-law No. 5,
no grave may be re-opened after a corpse has been interred therein
without the permission of the Board for that purpose, and the
written coi3sciiL of Cle next of kin of the person buried.
9. Any person proposing to inter a corpse shall give not less than 2
hours' notice to the Inspector of Cerreteries at the Head or Brancli
Office of the Department, and the hour at which it is proposed that
such interment shall take place.
10-(1) The fees to be charged in the Colonial Cemetery shall be as
follows:--
For each grave space of 15 superficial feet,
Grave digging......................1.00
~t, i~, -1111---11 ............
Exhumation of corpse . ...........
............... 1M
5.00
Exceptions.
For each grave for children under 10
years of age,
Grave digging
0 01
...................
................. -.
Second burial ill the saine grave . .................
Pauper interment, . c . )
Monuments.
A Mollunient over any grave space or any en-
closure of a grave space not, occupying more
than 15 superficial feet . ...........................
5.00
1.00
free.
free.
-free.
(2) No monument over a grave space or enclosure of the surface of a
grave space occupying more than 15 superficial feet shan be erected or
As amended by G. N. 767 of 1909.
As amended by No. 1 of 1912 and No. 2 of 1912.
made without permission from the Board, which may, if it thinks fit,
grant such permission upon paymen.t of a fee of $2 for each superficial
foot to be occupied by the monument or enclosure in excess of 15
superficial feet.
IL-(1) There shall be set aside special sections in the Colonial
Cemetery for the burial of Naval and Military commissioned officers,
S
civil servants, residents of more than 20 year's' standing, resident of
more than 7 years' standing, children and deslitutes. The President or
in his absence the Vice-President may, hosvever, Ogrant permission for
the interment of any person in any of the above mentioned sections. A
map of the Cemetery showing the above sections shall be kept in the
office of the Board and be available for inspection by any inernber of
the public.
(2) Application for permission to inter a corpsc in ally special section,
not already provided for, shall be made in writing to the Slecretan- and
shall be decided upon by such person or persons is the Board may,
appoint; if no such application is made every corpse shall be buried in
such position as the President shall direct.
12. The burning of joss sticks and firing of crackers is prohibited in
n cl
that portion of the Colonial Cemetery set apart under Ordinance 'No. 38
of 1909 for the burial of persons professing the Christian religion.
B.
Clunese Ceweteries.
13, Each cemetery shall be laid out in sections of stiell. size and
arranged in such rnaiiner as may be directed by the Board.
14. A plan of eack cemetery showing the variotis sections sliall be oil
view at or near to the cemetery and at the offices of the Board.
15. A nmonthly register shall be kept in the Chinese language at or
tl -
near eacii cemetery, and tire date, nanie, sex and age of each person
shall be eidered therein against tbe number of the grave in which file,
0
corpse is interred. These registers shall be, deposited at tire office of
the Board after a period of 2 vears, and shall be filed there.
15a.-Each grave,shall be dug to a depth of at least 5 feet, with the
exception of the graves of children under 10 years of age which need
not exceed 4 feet in depth.
16. Except as regards the corpses of children under 10 years of acre
0 n
only one corpse shall be placed ill one grave. In the ease of the corpses
of children under 10 years of age two corpses may be placed in one
grave.
17. Each grave shall be filled in to the satisfaction of the Board.
18. No grave may be re-opened after a corpse lias been interred
therein without the written permission of the Board, nor (except where
* As aniettded by G. N. 767 of 1909, No. 1 of 1912 and No. 2 of 1912.
+ As amended by G. N. 768 of 1909 arid. No. 43 of 1912 Supp. Sched.
As aniepded by G. N. 62 of 1912.
no charge bas been made for the grave spacewithout the written con
sent of the next of kin of the person buried, if such next of kin can be
found.
19. The following fees will be charged for each grave space and inter-
ment in the various sections of the cemeteries:-
secton A. free . . .
C. $ 2 ......
e cenieteries :-
50 =us fir digging and filling
in each grave.
...............
and $1 for digging and filling
in each grave.
20. The areas of the grave spaces in the various sections shall not
execeed the following dimensions:-
section A. 7 feet long by 2 2 feet wide with 18 inches interspaces
B. 71 2-'~
2
8 3
10 8
Coinmon Lodging-Houses.
11 11
11 11
1 1 1 1
[21st February, 1903.]
1. A register (A all coinnuni lodging-houses shall be kept,by the
Registrarin accordance with form (a) appended to these by
laws.
2. Before a kouse can be registered as a common lodging-house, an
application muse be inade to the Registrar Gencral in accordance with
form (b) liereunto appended, setting forth the situation of the house,
the number of the roorns to be set apart, for lodgers and the cubic
of each rooin so set apart, and for this purposc the schedule
or form will be furnished by the Registrar General,
3, The Registrar General shall transmit each application for the
regustratuib of a house as a common lodging-house to the Board and the
Board shall Mien cause the house specified in such application to be
inspected by one or more of the officers of the Department. who shall
submit a report on the sanitary coidition of such house and its suit-
ability for use as it common lodging-house.
4. Any home to he registered as a common lodging-house must be
substantially built and in a good state of repair, and must be adequate-
h, lit and ventilated to the satisfaction of the Board, and all the room
which are to be used as sleep ing-room s inust be on all sides above the
level of the ground immediately surrounding the house. The house-
drains must 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 eistern for the
storage of water.
aniended by No. 23 of 1903 and No. 1 of 1912.
As ainended by No. 1 of 1912.
5. When the Board is satisfied that a house sought to be registered
as a common lodging-house is sidtable for such a purpose, the Registrar
General shall be informed accordingly and lie may then register such
house as a common lodging-house.
6. Before any person can be, licensed its a keeper of a common
lodging-house, an application must to made to the Registrar General C1
and such application must be accompanied by a certificate of character
from one or more householders-to be approved of by the Registrar
c
General-who shall give security for the carrying out of the regulations
by the licensed keeper.
7. When the Registara General is satisfied with the character of an
0
applicant for a licence to keep a common lodging-house he may issue a
licence to such applicant accordingly.
8. The keeper of a common lodging-house shall reduce the number
of lodger., in any room of his common lodging-house upon receiving
notice in writing from the Board stating the catise for making slich
reduction, and the period. for which it shall continue in force.
9. The keeper of a common lodging-house shall not, perinit his pre-
mises to be occupied, between the hours of 11p.m. and 5 a.m., by a
greater number of person. than tliat specilied on the licence issued to
him by the Registrar General.
10. The keeper of a cominon lodging-liouse shall not permit males
and females above 10 years of age respectively to occupy the same
sleeping apartment except in the eases of husband and wife, and
parents and children..
11, The keeper of a common lodging-house shall not knowinglY per-
mit persons of bad character to lodge in his, house and shall maintain
and enforce good order and decorum therein.
12. The keeper of a common Indging-house shall cause the windows
of each of the sleeping rooms to be kept open to their full width for at
least 4 hours each day, unless prevented by inclement weather or by
the illness of any person occupying any of the rooms.
13. The keeper of a common lodging-house shall cause the internal
' zl
walls and ceilings of every, part of bis house to be thoroughly cleansed
and limewashed during the months of January and July each year.
14. The keeper of a comnion lodging-house shall at all tinnes keep
his premises in a clean and wholesome condition, and the fittings of the
sleeping rooms shall be maintained by him in a thorough state of repair.
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 premises
daily.
'* As amende~f by No. 8 o~ 1912.
16. If any person in a common lodging-house becomes ill from any
infectious, contagious, or cmmunicable disease, the keeper of such,
common lodging-
. house shall forthwith give notice thereof to the sani-
tary inspector in whose district the lodging-house is situated, or to the
nearest police station or to the Registrar General, and the keeper of
such comyrion lodain-house shall cause the house to be vacated and
shall allow the beddiug, clotloing, and other articles used by the infect-
&i to be destroved or disinfected and the house to be fumigated,
disitifeeted ,and limewashed, at the public expense.
FORM (a).
Form of Common Lodging-house Register.
C)
C,
bf W
_z
C)
C)
K'
Reaister.
W
;T .5 bo
FORM(b).
Application for a Hoase to be registered as a Common Lodging-house.
I, the undersigned, hereby make application to have the wider
nebtuibed premises registered as a common lodging-house.
Signature of applicant, . .....................................
Address . ....................
Hongkong
1 19
Situation of premises sought to be registered as
........................ ................ ..................
a comm lodging house
The number of floors to be used as a common
lodging-house ............................................
c n
The number of rooms set apart for lodgers . ...................................
Cubic Capacity of room No. 1
(10.
do.
do.
do.
do.
do. No.
do. No.
do. No.
do. No.
do. No.
To the Registrar GeneTal.
---- Y--
* As ainended by No. 43 of 1912 Supp. Sched.
cubic feet,
do.
do.
do.
do.
do.
Dairies.
[21st February,. 1903.]
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 reaistration shall be made in the form. attached to these by-laws.
0
2. Every dairy shall be adequately lit and ventilated to the satisfac-
tion of the Board, and the ground surfaces shall be paved with a layer
of not less than 6 inch ' es of good lime-concrete, or not less than 3 inches
of cement-concrete composed of one part of cement, 3 parts of sand,
and 5 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-mortar of not less than 1. inch in thickness, or
such other material as the Board may approve of.
3. No person shall use any dairy as a sleeping room or for domestic
purposes.
4. No animals except cats shall be kept in any rooni which is used as
a dairy.
5. Every dairy shall be so drained as to be in accordance with the
requirements of'the Public Health and Buildings Ordinance, and all
inlets to the drains shall be placed outside the building.
6. No water-closet, dry-closet, earth-closet, or urinal shall be within,
or be 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 free from all noxious matter. The whole of
the interior walls (unless tiled) and the ceilings of the rooms of the dairy
n
shall be properly limewashed during the months of January and July
of each year.
8. Every dairy shall be at all times open to inspection by any mem-
ber 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 re-
gistered.
10. No receptacle used for the reception or storage of milk in any
dairy shall be used for any other purpose whatsoever
11. Every 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.
As amended by G. N. 943 of 1908.
As amended by No. 1 of 1912.
As amended b~, No. 23 of 1903 and No, 1 of 1912.
T As amended by G. N. 844 of 1903.
Ar
Form of Application.
1, the undersigned, hereby notify the Sanitary Board that 1 propose
a 1
to commence/continue the business of a dairy oil the premises known as
No. 'Street, floor, Lot No.
and I beg leave to request that the said premises may be duly register-
ed as a dairy.
Signature of Applicant.
Depots for Cattle, Pigs, Sheep and Goats.
[3rd December, 1909.]
1. The fee payable for each head of cattle housed in a Government
Depot shall be 50 cents when cattle so housed are removed to any
place other than the slaughter-house adjoining such Depot or another
0
Government Depot, and the fee payable for each pig, sheep and goat
R~ tl
similary- housed and removed shall be 10 cents. No fee is payable on
admission.
2. No cattle, pigs, sheep or goats shall be removed from a Govern-
ment Depot for any purpose except oil a removal order signed by the
0
Inspector in charge. Such order shall be granted oil the production
and deposit of the receipt given oil the admission of the animals and in
cl
favour of the person therein named or of any other person on his order.
3. The Department provides water only for tile use of the cattle,
pigs, sheep and goats housed ill the Government Dep6ts. The owners
p
oillsuch animals must provide proper and sufficient food and must send
men in sufficient numbers to look after, feed and water such animals,
but no other unauthorised person may be or remain on the preinises
during such hours as, the Depots are closed to the public.
4. Neither the Government nor the Board will be responsible for the
safe custody of any cattle, pig, sheep or goats housed in a Government
Depot.
5. The drenching of any animal with any substance whatever, or the
administration of salt ill any form, in a Government Dep6t, except with
the permission of the Colonial Veterinary Surgeon or of the Inspector
on duty, is prohibited.
Disinfection of Infected Premises.
. [4th December, 1908.1
1. In the following by-laws the words ---epidemic, endemic, con-
0
tagious or infectious disease---shall mean and include plague, cholera,
small-pox, diphtheria, scarlet fever, typhus fever, enteric fever, re-
lapsing fever, puerperal fever, and such other diseases as may from
1
* As amended by 1,1,o. 1 of 1912.
t As aniended by No. 43 of 1912 Supp. Sched.
time to time be defined by the Board by resolution. The words
---infected premises--- shall mean and include any premises in which
any person suffering from any epidemic, endemic, contagious or infec-
tious disease is or has been recently located, -and ally premises in ivilich
any aninial infected with plague or dead from the same has been found.
2. When any person suffering from ally epidemic, endemic, con-
tagious or infectious disease has been removed from any premises or
0
has recovered or has died, the Medical Officer of Health shall take such
steps as lie may deem necessary for tile disinfection and purification of
the said premises.
3. All infected premises shall forthwith after tile removal tlierefrom
of the infected person or animal or of the dead body be thoroughly
cleansed and disinfected to the satisfaction of the Medical Officer if
Health, and if in the opinion of the Medical Officer of Health it is
necessary in the interests of the public health, the ersons residing in
p 0
such building or part of a buildin shall be detained therein or shall be
0 9
removed to such buildings or vessels as the Board may direct and there
be isolated and kept under supervision until such tinic as tliev may, in
the opinion of the said Medical Officer of Flealth or other medical officer
in charge of suell buildings or vessels, be safely released; and it shall not
be lawful for ally person to reoccupy any such building or part of a
building until it has been thoroughly cleansed and disinfected as afore-
said. Such cleansing and disinfection may, with the approval of the
Medical Officer of Health, be done in whole or in part by the immates
or by persons engaged by them. And further if in the opinion of the
Medical Officer of Heall it is necessary for the purification
and disinfection of such premises to take down any lath and plaster or
other hollow partition wall or ansm partition, screen, panelling, wain-
scotting, skirting, stairlining, ceiling or other similar structure, or any
fittings or any portion of such wall, structure or fitting the Medical
Officer of Health shall forthwith have the same taken down, and if lie
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 sunle to be removed from the premises or destroyed or both.
Such destruction shall be carried out with such precautions und in such
manner as lie may deem proper, and compensation for such removal or
destruction shall be given by the Board unless it is proved oil behalf of
the Board that the wall, structure or fitting removed or destroyed had
been unlawfully erected or maintained.
The provisions of this by-law shall apply to all premises which be-
came infected after the 31st day of March, 1912, or shall hereafter
become infected.
4. If any article of clothing or bedding or any article. article which has
been in cintact with any person or dead body in ally way affected by
any such disease or which shall have been found upon any premises
recently occupied by such 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
As ainetided by No. 43 of 1912.
As arpen&ed by G. N. 208 of 1912.
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 articles destroyed shall be given as provided in section 89 of
the Public Health and Buildings Ordinance.
5. 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 sball have been found upon any premises
recently occupied by such person or body can in the opinion of the
Medical Officer of Health or of a Sanitary Inspector specially authorised
by the Head of the Department be preserved without danger to the
public health, and can be effectively disinfected, then such article shall
be removed from any premises in which it may be found by any, person
acting under the inAruction of or with the sauction of the Board or of
one of the duly authorised officers of the Department. with such pre-
cautions and in such manner as 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. The term _Medical Officer of Health includes any assistant medical
officer of health.
Domestic Cleanliness and Ventilation.
[21st February, 1903.]
1. The occupier of any domestic building shall at all times cause such
building to be kept in a cleanly and -wholesome condition and shall see
that the drains, traps, gratings, fall-pipes and other sanitary fittings
and appliances are kept. free from obstruction and in an efficient state
of repair; and he shall keep the windows and veutilating openings at all
times free from obstruction unless prevented by inclement weather or
by the illness of any person occupying such building.
[2, 3, rep. G. N. 179 of 18.3.1904.]
4..The Board shall, if satisfied that any domestic building is in a
dirty condition, give notice to the owner or occupier to have such
building, in respect of which the notice is given, throughly, cleansed
and limewashed within a period of one week from the date of receipt of
such notice, and such owner or occupier shall cleanse and limewash
such premises in accordance with such notice.
5. Any domestic building, or part of such building, which is occupied
by members of more than one family shall, unless specially exempted
by the Board, be cleansed and limewashed throughout by the owner,
to the satisfaction of the Board not less than once in every Year, name-
ly, during the months of October and November in the--- eastern division
of the City and in the eastern division of Kowloon and of New Kowloon;
during the months of December and January in the central division of
As aniended bY No. 1 of 1912.
As amended by G. N. 878 of 1908, No. 1 of 1912, No. 8 of 1912,
No. 23 of 1912 and No. 43 of 1912.*
the City and in the western division of Kowloon and New Kowloon; and
durino, the months of February and March in the western division of the
City; and notice that such cleansing and limewashing has been com-
pleted shall be sent to the Secretary within 3 days after the date of
completion. Provided always that the provisions'of this by-law shall
not apply in the case of domestic buildings within the European Re-
servation, nor to domestic buildings in Kowloon south of Austin Road,
except Haipliong and Canton Roads, lior-to such parts of domestic
buildings as are used as shops, offices or godowns.
Note:--The western boundary of the eastern division of the City is
Gilman Street and Peel Streei; the western boundary of the cel~tral
division of the City is Tank Lane and Cleverly Street; tlie western
division of tile City lies to the west of Tank Lane and Cieverly Street.
Kowloon, together with New Kowloon, is divided into eastern and
western divisions by Nathan Road and a straight line drawn frorn the
north end thereof through the Yatimati service reservoir to the northern
boundary of New Kowloon.
Drainage.
1now dealt with by Regulations,in Schedule(~ M: cf. s. 192.
The By-laws rel). by Regulations, G. '~'. 51 of 9.2.10.1
1 1 0
Entry and Inspection of Buildings.
[21st Februuy, 1903.]
1. The Secretary shall furnish the Sanitary Inspectors with general
authority in writing, in English and Chinese, to enter, between the hours
of 8 a.m. and 6 p.m., and inspect, upon reasonable notice to tile
occupiers or owners, any building and curtilage in their respective dis-
tricts for the purpose Jascertaining the sanitary condition, cleanliness
and good order thereof or of any part thereof, and of ally partitions,
mezzanine floors, storeys and cocklofts therein, or of the condition of
any -drains therein or in connection therewith. If it shall be requisite
for the purpose of ascertaining the sanitary condition of ally domestic
building or curtilage, to open the ground surface of any part thereof,
Iting signed by
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 48 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 off opening tip the ground
surface thereof, may so enter, with such assistants as may be neces-
sary, and open the ground surface of any such premises in any place or
places he may deem fit, doina as little damage as may be. Should the
material which has been used for covering such groun~ surface, and the
nature and thielmess thereof, be found satisfactory and in accordance
As awencled by No. 1 of 1912.
with law, such ground surface shall be reinstated and made good by the
Board at the public expense.
2. The Secretan, shall, upon the requisition of the Aledical Officer of
Health, authorise in writing, in English and Chinese, one or more of
the officers of the Department to enter ally domestic building at
any hour between (3 p.rn. and inidniglit for the purpose of ascertaining
whether sucli building or any part thereof is ill an overcrowded condi-
tion.
3. No officer of the Department. sliall, between the hours of midnight
and 8 a.m., enter any domestic building for the purpose of ascertainmig
whether such building or any part. thereof is in an overcrowded condi-
tion, without the written permission, in Enalish and Chinese, of the
President.
Importation and Inspection of Animals.
[21st February, 1903.1
1. No cattle, swine, sleep or goats shall be landed at Blake Pier,
Queen's Statoe, Pier or Murray Pier, and no such animal shall be land-
ed at any wharf in Kowlon,' or New Kowloon except the Police Wharf
at Yaurnati and the Government Wbarf at Ma Tau Kok. No such
animal shall be landed at ally wharf whatever between the hours of 6
p. m. and 6 a. m.
The arrival of all such animals iniporwd into the Colony, by isater
shall be at once reported by the owner or collsignie to tL Colonial
Veterinars- Surgeon, and such report shall be accompanied by a state.
ment shoswing the nature and the number of such animals, the port of
embarkation and the occurrence of any deaths among such animals
during the voyage.
2. All cattle imported into the Colony by land shall be driven direct
to the cattle. market at the village of Yatunati, and their arrival report-
ed forthwith at the Yaumati Police Station. Tile officer in ebarge of
such station shall forthwith report every such.arrival to the Colonial
Veteritiarv Surgeon together witb suel; other particulars as may be
ascertainable concerning, such animals.
c
Cattle, swine, sheep or goats brought into the City of Victoria for sale
or slaughter shall be at ouce conveyed or driven to the Government
Depots at Kennedy Town.
3. All cattle, swine, sheep and goats imported into the Colony shall
be forthwith inspected, and ill the case of cattle and sheep duly marked
by the Colonial Veterinary Surgeon, and any such animal which he
finds to be diseased or whleh he may suspect to be sufferiug from dis
1
As amended by No. 23 of 1903 and \,0. 1 of 1912.
As amended by No. 23 of 1903, No. 51 of 1911 and No. 1 of 1912.
1912 Supp, Sched.
As amended by G. N. 112 of 1908.
ease or which has been in contact or in the same herd with an animal
suffering from disease, shall be placed in segregation and under observa-
0
tion at! the Depots set apart for the purpose at Kennedy Town and
Yaurnati or at such other place as the Board may appoint'
4. The Colonial Veterinary Surgeon shall in every instance, with all
practicable speed, report to the Board the whole of the ascertainable
particulars concerning the animals he places in segregation.
5. The owner of each animal placed in segregation shall pay 10 cents
per day for the keep of such animal until it is either passed as being free
from disease or destroyed.
6. If it appears to the Colonial Veterinary Surgeon that an animal
placed in segregation is suffering from a dangerously infectious disease,
0
the Board may cause such animal to be forthwith slaughtered and the
carcase thereof to be disposed of in such manner as the Board may
deem fit.
7. If it appears to the Colonial Veterinary Surgeon that any animal
has been in contact or in the sarne herd with animals suffering from
disease, the Board may, in its discretion, cause such animal to be
slaughtered and the carcase thereof to be disposed of in such manner
as the Board may deem fit.
8. The carcase of any animal slaughtered under the provisions of
by-laws Nos,.. 6 and 7 shall be the exclusive property of the Government.
9. No person shall knowingly bring into the Colony any animal suffer-
in. from disease.
10. Such fee as may from time to time be determined by the
Governor-in-Council will be charged for.each head of cattle and for
each head of sheep imported into the Colony.
11. The Colonial Veterinary Surgeon shall visit, at such times as
the Board may direct, all premises where animals are kept and inspect
them, and lie shall immediately report to the Board all cases of infec-
tious disease which lie may detect during such inspection.
12. Where it appears to the Colonial Veterinary Surgeon that disease
exists or has within 56 days existed in any premises where animals are
kept, theBoard may declare such premises to be infected and take such
steps to prevent the spread of disease as the Board may deem fit.
13. When. any premises have been declared to be infected a placard
shall be posted there to that effect, and the removal therefrom, without
the sanction of the Board, of any animal, carcase, fodder, litter, utensil
or other thing therein is prohibited, and any persons residing upon or
visiting such infected premises may be detained thereon by any officer
of the Department, pending the disinfection of such persons and of
their clothing to the satisfaction of the Board.
As amended by No. 2 of 1912.
As amended by G. N. 112 of 1908.
As amended by G. N. 112 of 1908 and No. 1 of 1912.
14. Every person having in his premises or under his charge an
animal affected with infectious disease shall, with all practicable speed,
report the same to the officer in charge of the nearest police station.
15. The police shall forthwith report to the Colonial Veterinary
Surgeon all cases of animal disease coming under their notice.
16. The digging up of the carcase of an animal which has been buried,
by any person other than an officer of the Department acting under the
instructions of the Board, is prohibited.
17. The Board shall cause all premises where a diseased animal has
been kept to be cleansed add disinfected in such manner. as it deems fit
at the public expense.
Latrines.
[21st February, 1903.]
1. Every public latrine to-ether with its fittings shall be kept at all
times in ithorough state of repair.
2. Every public latrine shall be kept, at all times, in a cleanly
condition.
3. While open to the pubbc, every latrine shall have at least one
able-bodied adult attendant constantly on duty therein.
4. All the partitions, seats, floors and channels of every public latrine,
as well as all utensils therein, shall be thoroughtly scrubbed at least once
every day.
5. The whole of the interior walls of every public latrine shall be
limewashed, and any fittings made of wood shall be tarred at least
once every month.
6. Fumigants of such description as may be approved of by the
Board shall be kept burning in every latrine while it is open to the
public.
7. The---contents of soil pans in public latrines shall be kept covered
with either earth, saw-dust, opium-packing, or such other suitable
material as the Board may approve of.
8. The soil and urine collected in public latrines shall be removed
therefrom daily by the public conser;vancy contractor as provided for by
the terms and conditions of his contract.
9. Every latrine open to the public before sunrise or after sunset shall
be at such times adequately lighted.
10. Any building used as a public latrine shall not be- used as a
dwelling.
As amended by No. 1 of 1912.
As amended by G. N. 112 of 1908.
As amended by Cy. N. 879 of 1908.
Laundries.
1 [21st February, 1903.1
1. Every public laundry shall be registered at the office of the Board,
and every application for registration shall be made in the form attach-
ed to these by-laws.
2. Every public laundry shall be adequately lit and ventilated to the
satisfaction of the Board, and the ground surfaces shall be paved with
a layer of not less tban 6 inches of good lime-conerete, or not less than
3 inches of cement-conerete composed of one part of cement, 3 parts of
sand, and 5 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-mortar of not less than 12 inch in thickness,
or such other material as the Board may approve of.
3. Every public laundry shall be so drained as to be in accordance
with the requirements of the Public Health and Buildings Ordinance,
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 condi-
tion and the inside surfaces of the walls thereof shall be limeivashed
during the moriths of January and July of each year.
5. No persons, other than two caretakers, may ocellpy any building
or part of a building which is registered as a public laundry between
the hours of 11 p.m. and 5 a.m. unless such persons are actively
engaged in carrying on the work of the laundry.
6. Ever public laundry shall be at all times open to inspection by
any member of the Board or officer of the Department.
Form. of Application.
I, the undersigned, hereby notify the Sanitary Board that 1 propose
to carry on the business of public laundry on the premises known as
No. street, floor, and request that the said
premises be duly registered as a public laundry.
Hongkong,
' 19
Markets.
Signat?ire,of Applicant.
[Sth October, 1909.]
1. Market stalls shall be classified and set apart by the Board for the
sale respectively of meat, poultry, game, fish, frult, vegetables,'and
other such perishable goods.
As amended by G. N. 880 of 1908.
As amended by No. 1 of 1912.
As amended by No. 23 of 1903 and No. 1 of 1912.
As amended by No. 43 of 1912 Supp. Sebed.
2. All market stalls shall be numbered.
3. A register of all market stalls shall be kept by the Head of the
Department ill the form A appended to these by-laws. Every entry in
such register shall be printd. facie evidence of the facts therein appear-
ing. The person or persons whose name or names is or are entered in
such register as the lessee is or are hereinafter referred to as tbe
---Stall-holder -.
4. Copies of the _Market By-laws shall be at all times posted in con-
spicuous positions in the mirkets.
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 con-
spicuous position at such market. At least one month's previous notice
in writing shall be given to each stall-holder of any alteration in the
hours during which any market is open to the public.
6. No stall-holder shall use such stall for any purpose other than that
for which it is let.
7. Ever stall-holder, who absents himselffrom the Colony for a
period exceeding one month, shall notify such fact to the Head of the
Department, and report to him the naine of the agent responsible for
his stall during his absence.
8. Every occupied stall shall have a sign-board in front showing in
full, both in English and Chinese, the naine or names of the Aall-holder
or holders, and his or their photograph or photographs shall be affixed
thereto. All photographs shall be renewed from time to time as. the
Head of the Department may direct.
9. No sign-board or blind of any market stall shall be so arranged as
to obstruct any thoroughf are in such* market, and no stall-holder shall
place or store any goods outside such market stall or allow them to pro-
ject beyond it.
10. No person shall make use of any avenue or thoroughfare of any
market for the conveyance of merchandise not intended for sale or ex.
posure 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 person shall hawk or cry any article whatever for sale in any
market.
13. No stall-holder shall keep ally dog in any market, nor shall any
person knowingly permit any dog to follow him into a market.
14. Stall-holders 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.
* As arnended by No. 1 of 1912.
15. No flesh meat, (salted meat excepted), other than that which has
been slaughtered in the Government slaughter-Louses maintained and
re-ulated under the provisions of the Public Health and Building Ordi-
nance, shall be exposed for sale in any of the markets of the Colony.
The Board may, however, from time to time ' grant permission in
writing, revocable at the discretion of the Board, to- any stall-holder to
expose for sale in his stall, fresh flesh meat which has been imported
from Shanghai. Japan, Canada and Australia, or frorn such other locali-
ties as the Board may from time to time approve; such permission shall
stAe the name of the person to whom it is granted, the class or descrip-
tion of meat permitted, and the shop or stall oil which such ineat is to
be exposed for sale.
The stall-holder to whom such permission has been granted, shall
cause a board to be posted oil his stall, in a conspicuous position,
stating in English and Chinese that lie deals in imported meat, and
stating also the place from whence such meat was imported; the letters
and characters of sucii notice shall be at least one aild a half inches
long. He shall also make a true return to the Board, quarterly of the
quantity of meat imported by him, specifying whence such meat has
been imported.
16. Every stall-holder shall cause his stall to be properly cleansed as
often as ma be necessary to maintain such stall in a sanita'ry condition.
17. Everv dealer in flesh meat shall thoroughly wash and cleanse all
fittings or utensils belonging thereto at least once a day.
18. No person shall cleave any carcase or part of a carcase elsewhere
than upon a cleaving block or chopping board or upon the hooks provid-
ed for the purpose.
19 Every fishmonger shall thoroughly wash and cleanse his stall and
any fittings and utensils beionging thereto at least twice a day.
20. Ever poulterer shall thoroughly cleanse his stall, pens, and any
fitttings belonging thereto at least twice a dav, and shall providea sup-
ply of fresh drinking water for any live birds, that may be kept in such
21. No person shall phick, scald or clean any poultry or gaine except
ill the places appropriated for the purpose.
22. Every stall-holder, if called upon to do so, shall provide himself
with a portable dust-bin in accordance with one or other of the patterns
on view in the office of the Secretary.
23. No stall-holder shall suffer any garbage or refuse to remain on or
be under or about his stall, and lie 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 thino, on to aiiv market avenue or thoroughfare.
25. No person shall wash or bathe in any fish tank or in any re-
ceptacle wh4ch is used for the storage of food.
As amended by No. 1 of 1912.
26. Begging for alins and loitering in any market are prohibited.
FORM A.
MAPKET
Stall No . ..................
Night-Soil Carriers.
[rep. G. N. 33 of 22.1.04]
Notification of Infectious Disease.
.................. Alarket.
[21st February, 1903.]
1. If any inmate of any premises be suffering from plague, cholera,
small-pox, diphtheria,, scarlet fever typhus fever, enteric fevel., re-
lapsing lever, or puerperal fever, an~ if such inmate be under the care
of a legally qualified and registered medical practitioner the said medi-
cal practitioner shall fortInvith 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 re-
ceive, on application to the Secretary the sum of $1 for each and every
such notification.
2. If any inmate of an premises be suffering from plague, cholera
or small-pox, and if such inmate be riot under the care of a lecallv
qualified and registered medical practitioner, the occupier or keeper of
such premises or part of such premises, or in default of such occupiel
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 be-
coming known to hirn or on suspicion of the existence in such inmate of
any such disease, forthwith notifv the same to the Aledical. Officer of
Health, or the officer in charge of the nearest police station who shall,
As amended by G. N. 331 of 1911.
As amended by No. 1 of 1912 and No. 43 of 1912.
As amended by No. 43 of 1912.
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 lie believed and had reasonable grounds for be-
lieving such false information to be true.
4. Tile Secretary shall upon application furnish every. medical practi-
tioner 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 ally 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 dulv notified in tbe Gazette, shall notify the same
without delay to any officer oil duty at the nearest police station, or bo
some officer of the Department, any such officer receiving any such
notification whether verbal or written or discovering aily such case,
shall notify the same with the least possible delals. to the Medical Officer
of Realth, and inav detain such person or remove him to a public hos-
pital Until lie call be examined by the Medical Officer of Health or by
some legally qualified and registered medical practitioner.
Offensive Trades.
[17th Noveniber, 1911.]
1. ---Offensive Trade -, for the purpose of these by-laws, means and
includes the trades of blood-boiling, tripe-boiling, soap-boiling, tallow-
melting, botic-boiling, bone-crusbing, bone-burning, bone-storing, ra-
picking, ra-storing, nialiure manufacture, blood-drying, fellmongery,
leather dressing, tainiing, glue-making, size-marking, gut-seraping, hair-
cleaning, feather-storing, feather-cleaning, and any other noxious or
offensive trade, business or manufacture whatsoever.
2. It shall not be lawful to carry on any offensive trade in any pre-
mises unless a licence has been issued by the authority of the Governor
in accordance with the terms of the Crown lease of the lot upon which
such premises are situate, where such licence is required, nor unless a
licence has been issued by the Board under by-law No. 3.
3-(1) Every application for a licence shall be made in the form
attached to these by-laws. The person so applying shall receive a
licence from the Board in the form attached to these by-laws, and such
person is hereinafter referred to as the licensee and shall be responsible
for the due performance of the provisions of these by-laws. Every
licence shall expire on 31st December and shall be for a period n0t
exceeding one year.
As itmended by No. 1 of 1912.
As aniended by No. 23 of 1903, No. 1 of 1912 and No. 43 of 1912.
Ar
(2) A licence shall not be required until 1st January, 1912, for any
premises which have been duly registered under the by-laws hereby
repealed, nor for any premises which the Board would not have re-
quired to be licensed under the said repealed by-laws.
(3) Each applicant shall produce either a licence issued by the
authority of the Governor under the Crown lease of the premises to be
registered or a certificate signed by the proper officer to the effect that
no such licence is required.
4. Licences under these by-laws shall be issued only in respect of
premises tbat are substantiaily built, adequately lit and ventilated to
the satisfaction of the Board, and drained in accordance with the pro-
visions of the Public Health and Buildings Ordinance. The ground
surfaces of such premises shall be paved ivith good colicrete-laid down
at least 6 inclies thick and the surface ther6of shall be rendered smooth
and impervious with asplialt, cement or such other material as the
Board may approve of. The interior surfaces of all walls, which must
be substantially built of brick or stone, as well as the surfaces of the
brick or stoue supports of the pans, and other utensils, shall be render,
ed smooth and impervious to the height of at least 7 feet from the floor
level with asplialt, cement or such other material as the Board may
approve of.
All such premises shall be provided to the satisfaction of the Board
with proper and adequate urinal and latrine accommodation for the use
of the work-people einployed therein.
5. Every licensee shall cause all materials which have been received
upon the premises where trade is carried oil and which are not
immediately required for use, to be stored in such manner and in such
a situation as to prevent the emission of noxious or injurious effluvia
therefrom.
6. Everv liectisee sliall cause sticb portions of the internal surface of
every wall upon th premisees whre his trade is carried on as have not
been' rendered imperviews with suitable material, to be thoroughly
elcansed, and after being cleansed, to be thoroughly ivashed with hot
limewash during the montlis of January- and July of each Year.
7. Every licensee shall, at the close. of everv day, cause all fat,
tallow, grease, refuse or filth which has been spilled or splashed, or has
fallen or beeil deposited upon any floor, pavement, or wall upon the
premises where his trade is carried on to be collected therefrom by
scraping or sonic other effectual means of cleansing and, unless it is
intended to be subjected to further trade processes on the premises,
forthwith removed irom the premises. All apparatus must be kept in
a cleardy and wholesome condition.
8. Every licensee, sball cause every part of the internal surface of the
walls and every floor or pavement up'on the premises where his trade is
carried on to be kept at all times in good order and repair so as to pre-
Theby-laws repealed by G. N. 349 of 17.11.11 were those con-
tained in seliedule B of Che Ordinance.
As amended by No. 43 of 1912 Supp. Sched.
vent the absorption therein of any liquid filth, or refuse, or any noxious
or injurious triatter which may he splaslied or may fall or be deposited
thereon.
9. Every licensee shall adopt the best practicable means of rendering
innocuous in vapours or dnt emitted during the process of manufac-
ture upon the premises where his trade is carried on.
He shall in every case wliere boiling is a necessary part of the process
of manufacture either eatise the. vapour to be Ischarged into the
external air in such a manner and -,it such a height as to admit of the
diffusion of the vapour without noxion's or injurious effects, or he shall
cause the vapour to pass directly from the pan or press through a fire,
or into a suitable condensing apparatus and theti through a fire in such
a manner as effectually to consurne the vapour or to deprive the same
of all noxious or injurious properties.
10. No persons (other than two caretakers in respect of each block of
buildingq) shall be allowed to pass the night in any of the room., used
as work rooms unless actually engaged in carrying on works connected
with the trade.
11. Every licensee shall cause every drain or rneans of drainage upon
or in connection with the premises where his trade is carried on to be
maintained. at all times in good order and efficient action. He shall,
wliere it is in the opinion of the 13oard necessarv so to do, provide the
drains on his premises with the appliance as a ---grease-trap
and shall not pass or permit to he passed any hot liquid refuse (i.e-
above, 1100 Fahr.) into the drains or sewers.
12. Every licensee shall, at all times, afford free access to every part
of the said premises to any meinber of the Board, or officer of the
Department.
13. No person under the alge of 10 years sliall be permitted upon any
premises used for tlie trade. of rag-picking, rag-storing, hair-cleaning,
feather-storing, or feather-cleaning,
14. The Board may reanire, in the case of dusty offensive trades, the
adoption of such special measures or appliances for mitigating as far as
possible the danger and nuisance arising from the dissemination of dust
through the atmosphere of such premises, as may, seem to them to be
necessary.
15. The licensee shall cause a duly authenticated copy of these by-
laws in English and Chinese to he hung tip in a conspicuous position in
his promises.
Form of Application.
I, the undersigned, hereby notify the Sanitary Board that I propose
to commence/continue the business of an offensive trade namely
on the premises known as No. Street
As amen~ed by No. 1 of 1912.
floor Lot No. and I bco- leave to
request that the said premises may be duly registered for such purpose.
Signature of Applicant.
Form of Licence
on the trade of
Lot X0.
Dated this day of
is hereby authorised by the Sanitary Board to carr,s
at the premises known as
durim the Year 19 .
Overcrowding.
1 19 .
Secretary of the Board,
. [21st February, 1903.1
The Medical Officer of Health, or suell other officer as the Board may
appoint for this purpose, shall, within suell limits as the said Board
may froni time to-time define, cause to be measured the floor area and
cubic capacity of all domestic buildin gs or parts thereof, and shall cause
to be calculated the number of occupants that may lawfully pass the
night in such buildings or any part., thereof in accordance wil the pro-
visions of the Public Health and Buildings Ordinance, and shall Cause
such number in English and Chinese to be fixed to such buildings or
parts thereof in such manner as the Board may from time to time
direct.
Opium Divans.
[j,ep. No. 23 of 1909, s. 93-0pium.]
Poisons.
[rep. No. 12 of 1908, s. 14-Pharmacy.]
Prevention and Mitigation of Epidemic, Endemic, Contagious,
or Infectious Disease.
[4th December, 1908.
1. The Board may at any time with a view to the prevention or
mitigation of any epidemic, endemic, contagions 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. Such periodical cleansing yshall be carried out either by the
staff of the Department or by the inmates under the supervision 'of an
officer of the Department to the satisfaction of the _Medical Officer of
Health or of such other officer as may be appointed for that purpose by
the Board, and due notice of such cleansing shall be given to the
inmates of such premises, and such inmates may have all the furniture
and coods removed from such premises.
All care shall be taken to prevent unnecessary interference with busi-
ness and the cleansing shall be discontinued if the weather is unfavour-
able or carried out in such a way as shall not expose the inmates and
their effects and furniture to the weather.
2. The Board may declare any epidemic, endemic, contagious or
infectious disedse to exist in any district or districts, and may direct
that in such district or districts or any portion thereof a special general
cleansing and disinfection of the premises shall be carried out tinder
the direction of any officer of the Department and to the satisfac-
tion of the Medical bffieer of Health. Such cleansing and disinfection
may include the removal or destruction or both of any lath and plaster
or other hollow partition wall, or any partition, screen, panelling, wain-
scotting, skirting, stair-lining, 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
necessary. 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 fitting removed or destroyed had been unlawfully
erected or maintained.
The provisions of this by-law shall apply to the premises in any dis
trict in respect of which a special generaland disinfection has
been directed by the Board since the 31st. day of March 1912, or shall
hereafter 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
medical practitioner to be unfit for human habitation even although the
same may have been cleansed and disinfected as provided for in No. 2
of these by-laws, may be closed by order of the Board until such time
as the board shall be satisfied that the said premises have been ren-
dered fit for human habitation, and the occupants of the said premises
mav be removed after 48 hours' notice has been given to the house-
holder or occupier to vacate the premises by the service of a notice duly
signed by the Secretary or by the postincr of such notice upon any
portion if the premises. In no' case shall such Premises be re-occupied
except under the certificate of the Board signed by the Secretary that
such premises are fit for human habitatioli. Subject to the approval
of the Governor, the Board may, when necessary erect matsheds or
hire buildings or charter vessels for the accommodation of the persons
removed.
As amended by No. 1 of 1912.
As amended by G. N. 204 of 1912 and No. 1 of 1912.
4. In any district in which the Board has declared any epidemic,
endemic, contagious or infectious disease to exist, the Board may order
all public latrines, their receptacles and the contents thereof to be
treated with disinfectants or other materials, as the Board may direct
and in such manner as the Board may deem expedient.
5. For the purpose of these by-laws any member of the Board or
officer of the Department may enter premlses without notice between
the hours of 8 a. m. and 6 p. m.
6. In these by-laws the term Medical Officer of Health includes any
assistant medical officer of healtb.
7. No ceiling shall hereafter be erected in a ny building outside the
European Reservation and the Hill District unless the consent of the
Buildino, Authority has first been obtained under section 122 of the
Ordinance, 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, mezzanine, floor or cockloft above the
ceiling.
(b) The ceiling shall be constructed of tongued and arooved boarding
or of rebated boardim, and shall beby substantial timber
bearers.
(c) The ceiling shall have one opening of an area of not less
than 2 feet by 1 foot and G. inches in the clear, placed in such a position
as to afTord ieady access to the space between the roof and the ceiling
and such opening shall be fitted with a hinged and closely fitting trap-
door.
8. Every ceiling shall be maintained at all times in a thoroughly
sound and clean condition.
Prevention of the Dissemination of Plague by Rats,
121st February, 1903.]
In these by-laws, the word ' ship' means an.y description . of vessel
used in navigation not propelled b.y oars, except junks or lorchas not
propelled bY steam, and except launches playing within the waters of the
Colony.
To prevent rats on board ship coming on shore, and the shore rats
frorn getting on 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
us~d for securing ships in dock, must (when such shores are within a
distance of 12 inches from any open port or other opening in the ship's
side, or within 12 inches of the gunwale or rail) have fastened on them
a funnel-shaped appliance consisting of a tube of iron or other metal
1
As arnended by No. 1 of 1912.
As arnended by G. N. 298 of 1912.
about 2 feet in length, with a trumpet-like flange. This trumpet-like
flange must be double, in order to prevent the rats from passing either
way along the cable, and each flange must extend at least 8 inches Clear
of the rope or cable. The rope or cable must be passed through the
tube and the intervening space filled up.
Diagram
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
a distance of 6 feet from the ship and the shore respectively.
3. Brows or gangways for cargo are to be disconnected from the ship
while cargo is not being worked over them; all other brows or gangways
must also be kept disconnected between sunset and except
when required to be used by persons coming oil 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 tile ship with the
shore or wharf.
Prevention of the Dissemination of Disease by Mosquitoes.
[12th November, 1909.]
When larvae 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 owner or occupier shall comply
with such notice forthwith.
Removal of Ceilings and Stair Linings, &c.
[4th October, 1912.
1. If in the opinion of the Board any area or block or blocks of build-
ings is or are specially liable to encourage the spread of epidemic,
endemic, infectious or .contagious disease, the Board may, subject to
tile approval of the Governor-in-Council, with a view to the prevention
as far as possible of such disease, and whether ally such disease exists
within such area, block or blocks of buildings or not, declare that such
area, block or blocks is or are subject to the provisions of these by-laws,
and a notification of such declaration 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, block or blocks
affected by such declaration, and such notice shall be served oil each
owner of the property affected in nianner provided by Section 37 of the
Ordinance. .
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 build-
ing every ceiling and every lath and plaster or other hollow partition
wall, and every hollow partition, screen, panelling, wainscotting, stair-
lining and other similar structure or fitting, and every skirting not
constructed in accordance with Section 120 of the Ordinance.
3, The Board may, on the application of the owner or occupier of any
buildine, affected by any such declaration as aforesaid, grant to such
owner or occupier exemption from compliance with all or ally of the
provisions of by-law 2 it in the opinion of tile Board the granting of
such exemption will not be prejudicial to the public health.
(4) If no such exemption as aforesaid has been granted, and the owner
shall make default in conipiving with the provisions of by-law 2 within
the prescribed period of one month, any office of the Department, who
has been authorised by the Head of tl;e Department to carry out these,
by-laws, may enter the premises ill respect of which default has been
inade, and may witli such assistance as may be necessary remove the
ceilings, walls and other structures and dttings to -which by-law 2
applies.
5. The Board shall pay to the owner or occupier of ally premises
affected by these by-laws compensation, to be fixed by the Board, for
the ren-io~al of every ceiling, wall and other structure and fitting re-
moved under these by-laws, unless it is proved on behalf of the Board
that the ceiling, wall, struettire or fitting removed had been unlawfully
erected or maintained in contravention of the Public Health and Build-
ings Ordinance. Such compensation shall be calculated so as to
cover the cost of making good the portions of the building damaged by
such removal, including the limewashing of any exposed surface and
the rebuilding of any necessary wall in materials approved by the
Board, but no compensation shall be payable for ally loss of rent or
deterioration in the value of the property occasioned or alleged to be
occasioned by the opdration of these by-law . In any case in which the
amount claimed for compensation exceeds $250 an appeal shall lie
from the decision of th6 Board as to the amount of the compensation
to the Governor-in-Council whose decision thereon shall be final and
conclusive provided however that no such appeal shall lie unless notice
Af> amended by No. 50 of 1911.
As amended by' No. 1 of 1912.
As amended by No, 43 of 1912 Supp. Sched.
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 the Board ofany such decision as aforesaid.
6. 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 ally further claim
to compensation by owner or occupier, provided that nothing ill these
by-laws shall affect the rights of the owners or occupiers inter se as to
the ultimate apportionment of any compensation awarded.
Removal of Patients.
[4th December, 1908.]
'1. The Board by officers of the Department inay provide for the
removal of, and may remove to the Government Civil Hospital, the
Kennedy Town Hospital, or other appointed place, any person suffering
from any epidemic, endemic, contagious or infectious disease, and no
removal shall take place except under the orders of the Board or of a
legally qualified and registered medical practitioner, and then only in
such manner and with such precautions as the Medical Officer of
Health may deem necessary. No such removal, however, shall take
place if the _Medical Officer of Health or any legally qualified and re-
gistered medical practitioner certifies that such person is being lodged
and care ' d for without danger to tile public health, or that such person
is-too ill to be removed.
2. The Board by officers of the Department may remove or cause to
be removed for burial or cremation all bodies of person. who have died
from any of the diseases mentioned in the foregoing by-law, and may
bury or cremate or cause the same to be buried or cremated in accord-
ance with the custom of the race to which tlie deceased belonged in
such place and in such manner and with such precautions as the
Board may direct, and no person, unless actin- under the written
sanction or direction of the Secretary or of the Aledical Officer of
Health to bury or cremate, shall remove or bury or cremate any such
bodies.
3. On receipt of a certificate from a duly qualified medical practi-
tioner that anY person suffering from any epidernic, endemic, con-
tagious or infectious clisease is improperly- lodged, the Medical Officer
of Health may, in case the said person is unwilling to be removed,
forthwith apply to a Magistrate for an order for the removal of such
person under the provisions of the Public Health and Buildings
Ordinance.
4. When ally person suffering from any epidemic, endemic, con-
tagious or infectious disease is willing to ~e removed to a hospital or
M amended by No. 1 of 1912 and No. 8 of 1912.
As amended by No. 50 of 1911 and No. 1 of 1912.
-t*
other suitable place, the Medical Officer of Health or any duly
authorised officer of the Department shall take ' such measures as he
may deem necessary for the safe and convenient removal of- the said
patient.
5, For the purpose of these by-laws, the words---epidemic, endemic,
contagious or infectious disease' shall mean and include plague,
cholera, small-pox, diphtheria, scarlet fever, typhus fever, enteric
fever, puerperal fever, relapsing fever, and such other diseases as may
be defined by the Board by resolution.
6. The term ' Medical Officer of Health--- includes any assistant
medical officer of health.
Scavenging and Conservancy.
[22nd November, 1912.]
L-(1) The President shall employ contractors for the general sur-
face, scavenging of the following districts
(a) The City of Victoria.
(b) The Hill District.
(c) The Villages of Shaukiwan, Shauiwan West, Sai Wan Ho,
Wong Kok Tsui, Quarry Bay, Tsat Tsz Mui, Chuen Luna, Ma Shan
Ha, Fo Tau Fat, Tsin Shui Ma Tau, A Kung N-am, Aberdeen,
.Aplieliau, Stanley and Taitanl.
(d) Such portions of Kowloon (including New Rowloon) as are
situated to the South of a line drawn from a point on the sea-shore
North of the Village, of _Ma Lung Kung to a point South of the Village
of Kak Hang and thenee in a South-easterly direction to the sea-shore,
as shown on a plau deposited at the Sanitary Board Offices and dated
the 17th _May, 1910.
Such contractors are hereinafter referred to as Scaven-ing Contrac-
tors.
(2) The President shall also employ contractors for the removal of
excretal matterq from. the following building
(a) All buildings in the Hill District.
(b) All Government buildings (including Government latrines) and
all privately owiied public latrines in the followin- districts:-
(i) The City of Victoria.
(ii) The Villages of Shaukiwan, shaukiwan West, Sai Wan Ho,
Wong Kok Tsui, Quarry Bay, Tsat Tsz _Mui, Chuen Lung, Ma Shan
Ha, Fo Tau Fat, Tsin Shui _Ma Tau, A Rung Nrgarn, Aberdeen,
Aplichau, Stanle.v 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 sea-shore
A% amended by No. 1 of 1912. .
M amended by N o. 50 of 1911 and No. 43 of 1912.
North of the village of Ma Lung Kung to a. point South of the village of
Kak Hang and thence in a South-easterly direction to the sea-shore,
as showm on a plan deposited at the Sanitary Board Offices and dated
the 17th May, 1910.
Such contractors are hereinafter referred to as Conservancy Contrac-
tors.
(3) The terms and conditions of the contracts shall be settled by the
Board subject to the approval of the Governor.
2. The servants of the contractors shall, while at work, wear such
distinguishing badge as shall from time to time be directed bv the
Board.
3-(1) The occupier of any premises which are situated within any
of the districts specified in By-law No. 1 (2) (b), or if there be no
occupier, the owner or immediate landlord, shall, unless such premises
are a Government building or a privately owned public latrine, make
due provision for the daily removal of all excretal matters from such
premises to the conservancy boat at the nearest Conservancy Boat
Station and for the delivery thereof to the servants of the Conservancy
Contractor at such station, and shall not dispose of any such excretal
matters in any other manner.
(2)-(a) The occupier of every privately owned public lairine which
is situated within any of the districts specified in By-law No. 1 (2) (b)
shall provide not less than one bucket per seat for the storage of ex-
cretal 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 latrine which is
situated within any of the districts specified in By-law, No. 1 (2) (b)
shall allow the Conservancy Contractor for that district to remove all
excretal matters from such latrine, and shall pay to such Conservancy
Contractor for-the removal of the excretal matters from the latrine to
Kwai Chung Bay at the rate of ten cents per pictil of nightsoil (tai fo)
and five cents per picul of urine (shui fo).
, (c) The occupier of every privately owned public latrine which is
situated within any of the districts specified in By-law No. 1 (2) (b)
shall make due provision for the reception of such excretal matters at
the conservancy boats anchorage in Kwai Chung Bay.
(d) No excretal matters shall be removed from any privately owned
public latrine which is situated within any of the districts specified in
By-law No. 1 (2) (b) except by the Conservancy Contractor for that
district.
4. All conservancy boats, that is to say, all vessels tised for the con-
veyance of excretal'matters whether in 'the employ of the contractors
or privately owned, shall be registered annually at the offices of the
Sanitary Board and no vessel not so registered shall convey excretal
matters.
5.-(a) All conservancy boats shall be completely decked and pro-
vided with closely fitting hatches and shall at all times be kept in a
thoroulah 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
immediately after the transshipment of any excretal matters.
(c) No conservancy boat shall be loaded above the under side of the
hatch coaming.
(d) No conservancy boat shall enter the waters of the Colony except
with it.. holds clean and its bilges pumped dry.
6. All conservancy boats shall fly such distinguishing flag as shall
from time to time by directed by the Board.
7. No conservancy. boat shall unless otherwise provided for under the
terms of the contracts for the time being in force anchor or lie at any
place within the svaters of the Colony otfler than the conservancy boats
anchorage in Kwai Chung Bay.
8. The occupier of any premises situate within- any of the districts
specified in By-law No. 1 (1) (a) (c) (d) or if there be no occupier 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, dust-bins
or diist boats provided by the Sanitary Board, or by the Scavenging
Contractors.
0. The occupier of any premises which are situated within ani- of the
districts specified in By-law No. 1 (1) shall provide himself -with a
strong substantial movable dust-bin constructed of impervious materials
with closely fitting cover to the satisfaction of the Sanitary Board and
sufficient for the reception of the day's house refuse.
10. The occupier of any 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 of water, stored in accordance with the Drainage
Regulations from time to time in force, for the flushing of every such
water closet and urinal and shall maintain every such water closet and
urinal in a thoroughly efficient and cleanly condition.
11. No excretal matters shall be placed in or upon or conveyed along
or across anv street or open space situated within any of the districts
specified in By-law No- 1 (1) except between the hours' of 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 approved by
the Board.
12. No pigwash shall be placed in 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) except between the hours of midnight and 9 a.rn. and
except in strong substantial buckets with closely fitting covers, and of
such pattern as may from time to time be approved by the Board; and
no such pigwash shall be conveyed in any boat or vessel except in such
buckets as aforesaid or if in bulk in watertight tarred holds with closely
fitting hatches. Pigwash, if not placed in such a boat or vessel, must
be conveyed direct to a licensed pigsty.
13-(a) No excretal matters or pigwash shall be emptied, discharged,
deposited or placed in, or conveved to, over, or upon anY gully, drain,
sewer or any inlet thereto.
(b). No excretal matters removed from any premises situated within
the districts specified in By-law No. 1 (2) shall be emptied, discharged,
deppsited or placed in or conveyed to any place other than the conser-
vancy boats provided for that purpose.
(c) No excretal matters shall be brought from any premises or place
situated outside the districts specified in By-law No. 1 (2) to any pre-
mises 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 beenplaced in a conservancy boat
.shall not. be landed at. any place within the Colony including New
Kowloon but excludimy the rest of the, Territories.
15. In these the term ---excretal rriatters--- shall include
nightsoil and urine.
Slaughter-houses.
[12th November, 1909.]
PART I.
Slaughter-houses at Sham Pu, Shaukiwcan and Aberdeen.
1. The respective lessees of the privilege of slaughtering swine in the
slaughter-houses at Sham Shui Pu, Shaukiwan, and Aberdeen shall pro-
vide all persons necessary for the purpose of slaughtering such animals
and dressin- the careasis thereof, together with a sufficient supply of
hot water, and shall have the same in readiness at all times for the
persons making use of the slaughter-houses.
2. Each of the said lessees shall at all times 'allow any person to
slaughter any such animal or dress any carcase for sale on payment to
him of a fee not exceeding 30 cents for each animal, besides the blood
of such animal which the lessee may retain.
[No. 3, rep. G. N. 61 of 25.2.10.1 .
4. Each slaughter-house shall be provided with a banging shed, in
which the carcase of every animal slau.-htered shall be hung as soon as
it is dressed. Such carcases shall continue hanIging in such shed until
they are removed to the markets, which removal shall be by means of
a . wheeled and covered vehicle or in a boat, in either of which the
carcases shall be bun,-.
5. Each of the said lessees shall cause the. means of ventilation and
drainaud provided in or in connection with his slaughter-houses to be
kept, at all times, in proper and efficient action.
1 . * As amen(kd by G. N. 60 of 1910.
6. Eacil of the said lessees shall cause tile means of water supply
provided in or in connection with his slaughter-liouses 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 soine non-absorbent
material, and furnished with closely fitting covers, for tile purpose of
receiving and conveying from his slaughter-houses all blood, manure,
garbage, filth, or other refuse products of the slaughtering of such
animal or the dressing of any carcase therein. He shall forthwith upon
the completion of the slaughtering of such aninial or the dressing of any
carcase in the slaughter-houses, cause saich blood, manure, garbage,
filth, or otlier refuse products to be collected and deposited in suell
vessels or receptacles, and lie shall cause all the contents of such
-vessels or receptacles to be removed from the slaughter-house at least
once in every 24 hours. He shall cause ever.v such vessel or receptacle
to be thoroughly eleansed immediatly after it shall have been used for
such collection and removal, -and shall cause every which vessel or
receptacle when not in actual use to be kept, thoroughly clean.
8. Each of the said lessees shall provide the pr)per instruments,
appliances, and utensils required for the purpose of slaughtering, and
lie shall cause all sucli articles to becleansed immediately
after the completion of the process of slauIghtering ill which they have
been used, and lie shal also cause every such ntensil when not in actual
use to be kept thoroughly clean.
9. Each of the said lessees shall cause every part of the internal
surface ol the svalls and every part of the floor of slaughtering, and
to be kept, at all times, in good order and repair, so as to prevent the
absorption therein of ally blood or liquid refuse or filth which may be
spilled or splashed thereon, or any offensive or noxious matter which
may be deposited thereon or brought in contact therewith. He shall
cause every part of the internal surface of the slaughter-houses above
the floor to be either thoroughly washed with hot lime-wash, or tarred,
at least 4 times in every year. He shall cause ever part of the floors
of his slaughterc-houses, and every part ot the internal surface of every
wall oil which any blood or liquid refuse or filth inay have been spilled
or splashed, or with which any offensive or noxious matter may have'
been brought in contact during the process of slaughtering or dressing
in such slaughter-houses, to be thoroughly waslied and cleansed within
3 hours after the completion of such slaughtering or dressing.
10. The owner of any animal that is slaughtered shall cause the hide
or skin, fat, and offal if such animal to be removed from the slaughter-
houses within 24 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
suffer ally dog to be kept in his slaughter-house. he shall not at any
time keep, or cause, or stiffer to be kept in any of the slaughter-houses
any such animal 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 4
longer period than may be necessary for the purpose of preparing such
animal for the process of slaughtering. He shall cause animals kept in
preparation for slaughtering to be confined in the stalls, pens, or lairs
provided on tile premises for this purpose.
12. Each of the said lessess shall cause every animal brought to his
slaughter-houses, and confined in any stall, pen, or lair upon the pre-
mises previous to being slaughtered, to be provided during such confine-
ment with a sufficient quantity of wholesoinc water.
13. Swine confined in the stalls, pens or lairs, attached to the
slaughter-houses shall have at least the following space allotted to
them, viz. :-
for every pig ................................
4 superficial feet.
14. No person shall convey or cause to be conveyed or attempt to
convey any dead animal into any of the slaughter-houses for any
purpose whatsoever.
PART II.
Slaughter-huse in the City of Victoria and at Ma tau Kok.
1. Each slaughter-house shall be, provided with a hanging slied, in
which the carcase of every animal slaughtered shall be liting as soon as
it is dressed. Such carcases shall continue lianging in such shed until
they are removed to the markets, which reinoval shall be by means of
a wheeled and covered vehicle, or in a boat, in either of which the car-
cases shall be hunla.
2. The lessee of the privilege of collecting blood and hair shall forth-
with upon the completion of the slaughtering of ally anirrial or 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, and
lie shall cause the contents of such receptacles to be renjoved from the
slaughter-house at least once in every 24 hours. He sliall cause every
such receptacle to be thoroughly cleansed immediately after it sliail
have been used for such collection and removal, and shall cause every
such receptacle when not in actual use to be kept thoroughy clean.
3. The owner of any animal to be slaughtered shall provide the pro-
per instruments, appliances, and utensils required for such purpose,
and shall cause such article., to be thoroughly cleansed immediately
after the completion of the process of slaughterine, in which they have
been used, and shall cause evey such article when not in actual use to
be kept thoroughly clean.
4. The owner of any animal that is slaughtered shall cause the hide
or skin, fat, and offal of such animal to be removed from the slaughter-
house within 24 hours after the completion of the slaughtering of such-
animal.
5. The owner of any animal shall not keep such animal in any
slaughter-house for a longer period than 12 hours.
As ameffied by No. 2 of 1912.
6. No person shall convey or cause to be conveyed or attempt to con-
vey any dead animal into ally of the slaughter-houses for any purpose
whatsoever.
7. Fees in accordance with the following scale shall be paid by the
owner of any animal to be slaughtered
cattle (including calves) 40 cents er head.
sheep and goats
swine ...........
...................... 20
........................ 30
1 1
1 1
The fee shall in all cases be payable on admission to the slaughter-
house.
PART III.
Slaughter of Aniinals.
All animals killed for food in a Government slaughter-house shall be
killed in the following manner:-
(1) All cattle (except buffaloes) shall be killed with a pole axe of a
pattern to be approved by the Colonial Veterinary Surgeon.
(2) All buffaloes shall be killed with a rifle of a size and pattern to be
approved 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, and 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 sktughter-house, are too large to be killed in
this way. Such pigs shall be killed in the same manner as cattle.
Provided always that nothing in this by-law shall affect Jews,
Mahommedans or other peoples holding religious beliefs which compel
them to kill aninials for food in a particular manner.
Water-Closets.
LNow included in'the Drainage Regulations-ef. Schedule M.]
REGULATIONS AND FORMS.
SCHEDULE C. [ss. 9 and 266.1
RULES FOR THE ELECTION OF MAMBERS OR THE SANITARY BOARD
[8th January, 1909.1
1. Elections for members to serve on the Sanitary Board shall take
place at such time and place as shall be previously notified by corn-
mand of the Governor in the Gazette.
* As amended by No. 43 of 1912 Supp. Sebed.
2. The Registrar of the Supreme Court (hereinafter termed the Re-
gistrar) shall in accordance with any such notification summon to an
election the persons by law entitled to vote at such election.
3. The narne of every candidate shall be nominated inwriting by one
elector and seconded by another, and the said nominations delivered to
the Re-istrar not less than 4 clear days before the day fixed for the
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 there-
upon declare such candidates duly elected.
Should the number of candidates duly nominated and seconded ex--
ceed the number of vacancies to be filled the following further rules
shall be observed:
5. The Registrar, or such other person as the Governor may appoint,
shall preside at the. election (the person presiding is hereinafter called
the. Presiding Officer -).
6. No elector shall give more than one vote in respect of each seat
declared vacant.
7. The voting shall be by ballot.
8. The name of every elector voting shall be recorded by the Presid-
in- Officer.
9. The ballot box shall be opened and the votes counted in the pre-
sence of the candidates or the duly authorised agent of each candidate.
0
10. Candidates, as such, shall not be disqualified from voting.
11.In the event of two or more candidates having an equal number
of votes, only one of whom can be elected, their names shall be sub-
mitted within a period of not less than 7 days to another ballot to be
publicly notified by the Presiding Officer, who shall state the time and
place.
12. As to any matters connected -with. the order of proceeding not
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 re-
turn shall be accompanied, for the Governor's information, by:-
(a) a list of the candidates with the nanies 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 stateme--it as to the objections, if any, that may have been
taken to the vote of any elector.
4W
14. On the receipt of the return by the Presiding Officer the 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
thenext largest number of votes, in order according to the number of
vacancies) to be informed that lie has (or they have) been duly elected;
and a notification of the election shall likewise be made to the Pre-
sident.
SCHEDULE D.
NOTICE TO ABATE A PUBLIC HEALTH NUISANCE.
I s. 29. ]
[21st February, 1903.]
Sanitary Board Office,
Honakong
' 19
NOTICE is hereby given to you on behalf of the Sanitary Board that
the nuisance specified liereunder 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 of the Sanitary Board,
Nature of ................................................................
Action to be, taken for the abatement of Uic naisance ....................
* Note-Here insert period of time allowed.
SCHEDULE E.
Secretary.
[ss. 134, 266.1
ON OR OVER UNLEASED CROWN LAND. 112th. February, 1910.]
.........hereby agree in consideration of being permitted by His Ex-
cellency the Governor to erect a Verandah (or Balcony) over unleased
Crown Land adjoining house No . ........on Lot
As amended by No. 2 of 1912 and No. 43 of 1912 -Supp. Sched.
As amended by No. 8 of 1912.
1. That during the construction of the said Verandah (or BalcoRy)
........................will in no way deviate from the plans and drawings
thereof supplied, signed by
the Building Authority.
2. That .will always keep the said Verandah (or
Balcony) in good repair and will colour-wash, paint and cleanse the
same whenever required by the Building Authority to do so.
3. That .. will always give free ingress to the Buildin 'a
Authority or any officer authorised by such Authority to enter the pre-
mises and examine the Verandah (or Balcony),
... 1 and deposited in the office of
4. That should the land oil or over which such Verandah (or Balcony)
is to be erected be, at any future. time, required by the Government for
any public work, improvment, or other public purpose .....................
hereby undertake on receipt of -a notice in writing from the Building
Authority to remove at own expense the whole of the
structuri within a period of three months from the date of such notice,
and without making any claim for compensation on the Government for
such removal.
4a. That in the event of street being hereafter raised .
hereby undertake on receipt of a notice in writing singned by the Build-
ing Authority to raise within a period of three months from the date of
such notice and at own expense the whole of flie grotind floor
surfaces to such levels as shall be determined bv the Building Authority
and further undertake to make no claim for compensation on
the Government in respect of such raising.
5. That will always comply with all regulations
in force relating to Verandahs and Balconies.
6. And that this Agreement shall be binding also on .....................
executors, administrators and assigns.
Dated the day of
Witness to signature.
Signature of Owner of Lot No . .........
SCHEDULE F. [ss. 134, 266.1
UNDERTAKING WITH REGARD TO AREAS FOR THE ADMISSION OF LIGHT
AND AIR INTO BASEMPNTS TO BIG CONSTRUCTED ON
UNLEASED CROWN LAND.
[12th February, 1910.]
.....................hereby agree in consideration of being permitted by His
0 0
Excellency the Governor to construct as an encroachment on unleased
Crown Land the following works:-
As amerided by G. N. 381 of 1910.
As amerided by No. 1 of 1912.
As amended by No. 8 of 1912.
adjoining house No.
Lot No . .............
1. That ...will in no way deviate from the plans and draw-
ings of such works supplied, signed by ..........................................
and deposited in the office of the Building Authority.
2. That ...will keep the whole of the said works in good
repair, and not permit the accumulation of rubbish therein or the use
thereof for storage purposes, or as a smoke-hole or in an way other
than as a channel for the admission of light and air.
3. That ...will alwavs give free ingress to the Building
Authority or any officer authorised by sueb Authority, to enter the pre-
mises for the purpose of inspection.
4. That should the land occupied by such works be at any time
required by the Government for public work, improvement, or
other public purpose hereby undertake, on receipt, of a notice
in writing from the Building to remove at own
expense the whole of such works within a period of three months from
the date of such notice and without making any, for cornJensation
on the Government for such removal.
5. That ....... will always compis,- with all regulations in force
relating to Areas.
6. And that this Agreement shall be binding on executors,
administrators and assigns.
Dated the
Witness to signature.
. day of ......19
Signatvre of Owner of Lnt No . .........
SCHEDULE G.
VERANDAH AND BALCoxy REGULATIONS
[ss-. 134, 266.1
[12th February, 1910.]
Provided that notwithstanding anything contained in the schedule
G published hereunder no structural alteration shall be required to be
made in any verandah, balcony or basement already constructed in
compliance with the regulations hitherto in force.
1. Except as hereinafter mentioned any verandah projected over any
street frorn the ground storey of any building shall not be less than 7
As amended by No. 43 of 1912 Supp. Sched.
f As amended by G. N. 51 of 1910.
feet 9 inches wide, between the face of the wall from which it is pro-
jected and the inside face of the base of the piers, or columns upon
which it is supported.
As far as practicable, unless the Building Authority shall otherwise
direct, the external face of the base of the piers or cohinnis shall align
with the face of the kerb of the side svalk.
2. Any such verandah shall not lie less than 12 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 widerside of the bressummers or
lintels, or if arches are used, to the highest point of the widerside of
each arch.
3. Any balcons- projected over any street shall have a clear height
underneath every part thereof of at least 12 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
strelet from any storey higher than the ground storey of any building
shall not be less tthan 11 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 oil
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 such plans and drawings shall be drawnto a scale of not less than
one-tenth of an inch to the foot, and the details of all brackets, mould-
ings, caps, cornices, balustrades, and sinfilar parts of the proposed
structure, shall be drawn to an uniform scale of 1 inch to the foot.
Such plans and drawings 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 be constructed of iron, stone
or brick, except that within any urban district, the piers of every
verandah shall, on the ground storey of any building, be made of iron
or of cut stone worked straight, the exposed faces of which shall be
extra fine-punched.
8. All bressummers or lintels., in connection svith any such verandah
or balcony, shall be constructed of granite (fine-punched on the exposed
face) or of iron.
9. The roof and floors of any such verandah or balcony shall be pro-
vided, to the satisfaction of tfie Building Authority, with gutters laid
to a proper fall and with downpipes to carry ofE water.
* As ainendqd by No. 43 of 1912.
10. In the case of balconies any bracket whcih is not built into any
prty or cross wall or main wall other than the wall from which it pro-
jects, shall have its top member extended for R length of at least 3 feet
underneath the floorjoists.
11. The footpath or roadway underneath any verandah or balcony
over unleased Crown land or projectin beyond any such verandah or
balcony out to th kerb-stone, shall be paved with fine cement-concrete
at least 4 inches thick, or finely dressed gramite stone nto more than
18 inches square closely jointed and laid on a bed of lime-concrete, or
with such other materials as may be approved by the Builidng
Authoriyt, by the owner for the time beign of the property from which
such verandah or balcony projets, who shall maintain the same in
good order, to the satisfaction of the Building Autouity: Provided
that wherever the Building Authority may consider it expeient to do
so he may lay or repair any such footpath or roadway at hte expense
of the owner, as aforesaid, who shallpay into the Treasury, within 7
days of the date of notice, the amount certified by the Building
Authourity as bein due in respect of the work done, and in default of
such payment the Buildign 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 eacb street, and in no case shall they be of a greater width
than 3 feet 6 inches.
13. No verandah or balcony shall hereafter be constructed over un-
leased Crown land unless the building from which it projects has a clear
and unobstructed courtyard, backyard, back lane, or other open space
extending across the entire width and int he rear of such buildign and
of a minimum depth of 8 feet.
Provided that-
a) a bridge or covered way, not exceedin- 3 feet 6 inches in width,
when such is necessary for giviug access to buildiugs in the rear of the
property, shall not be deemed an obstruction to such courtyard, back-
yard, back lane, or other open space, within the of this regula-
tion;
(b) any building situated at a corner formed by two streets and havincy
on each hoor a windoss, or windows of a total area of not, less than one,
tenth of the floor area opening upon each street Aiall be exempted from
this regulation;
(c) the Building Authority shall have power to modify this, regulation
in any case in which be may consider it expedient to do so.
SCHEDULE H.
MATSHED REGITIATIOXS. 209, 266.]
[9th February, 1910, in force lst April, 1910.1
General.
1. Definition-In these regulations the expression matshed ' in-
As amended bY No. 8 of 1912.
As amended by No. 50 of 1911.
eludes buildings of wood, mats, palm-leaves, thatch or other Inflam-
mable material.
2.Proxinity to Buildings.- No matshed shall be erected or main-
tained within 50 yards of any other building unless with the permission
in writing of the Buildign Authourity.
3.application-Every application for permission to erect a matshed
shall specify the proposed dimensions fo the matshed, the period of time
for which such matshed is required, and, if it is intended for habitation
by more thant wo persons, th maiximum number of persons it is intend-
ed to accommodate at night; and no matshed shal be used for habita-
tion by more than two persons unless thw permission to erect such
matshed expressly states that it may be so used
4. Proximity to telgraph and telephone Wires.-No part of the
strucrure of any matshed shall be within 10 feet any telegraph or
telephone wire.
5.contracentions.- 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 Buldign authority from all
and every claim that may be brought against the Goveernment or tthe
Buildign autbority in respec of sanctonin gthe erection or the
matsheds referred to in such permit.
6.Pewilty-Any contravention of these regulations and any breach
of the conditionsof a permit will entitle the Building uthority to
cancel and withdraw the permit without notice, and will render the
person responsible for any such contravention ro breach liable, on
summary convictio, to a fie nto exeedign 100 dollars.
7.Sanitary Maintenance.-Every matshed shall, at all times, be
kept in a cleanly condition, and all garbage and other refuse matters
shall be removed therefrm at least once every 24 hurs and be pro-
perly disposed of to the satisfactinof the Board.
8.Removal- On the expiry of the permit the permit-holder shall
remove such matshed without delay and shall clear the site to the
Special Regulations for Matsheds used or intended to
be used for Habitation.
9. The following regulations apply only tomatsheds used or intended
to be used for habitation (either temporary or permancetn) by more than
two persons.
10.Preparation of Site.-Teh site of every such matsheds used or intended
levelled, and the site, including th ground surface for a distance of not
less than 3 feet from th outer walls of such matshed, shall be covered
with a lyer of good lime or cemtn concrete at least 6 inches thick and
finished off smooth to the satisfaction of the Building Authority.
* As ~itjieit&d by No. 30 of 1911.
Provided that in all cases in which the floor of the matshed averages
at least 2.1 feet above the ground and the space below such floor is not
enclosed, or in wilich the matslied is erected over water, the foregoing
requirements may with the permission of the Building Authority be
dispensed with.
11. Distance from Hillside-No such inatslied may he erected in
such a manner that any part of any external wall of such matshed is
at a less distance than 8 feet horizontally from any hillside or bank of
earth.
12. Notice to be affixed-A board shall be exposed on the outside of
-very such matshed containing the folio-wing information:-,
(a) name of permit-holder;
(b) number of permit;
(c) date of issue of permit;
(d) duration of permit
(c) imaximum number of persons it is intended to accommodate.
13. Kitchens.-ground surface of every kitchen used in connec-
tion with anv such inatshed shall be covered lime good lime or cement
concrete at feast 6 inclies thick and finished off smooth to the satisfac-
tion of the Buildin- Authority
14. Latrinces- Adequate latritic acconlinodation shall be provided for
the occupants of every such matshed, and the ground surface of every
suchshall be jovered witli good lime or ceinent Concrete at least
6 inches thick and finished off smooth to the satisfaction of the Building
Authority.
15. Drainage-Adequate arrangement, to the satisfaction of the
Building Authority, shall be made for the drainage of every such
matshed, and also of every suefi kitchen and latrine, as well as of the
ground immediately surrounding them. Adequate provision shall also
be made for conducting all sullage waters into a public selver, if avail-
able, failing which, they shall be disposed of as the Building Authority
may direct
16. Overcrowding-Each occupaut of any such matshed shall be
provided with at least 30 square feet of twobstructed floor area and 330
cubic feet of clear and unobstructed internal air space.
17. Sleeping Accommodation- 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 2 feet above
the floor of such matshed.
18. Expemption- In all cases in which any such matshed is intended
to be used for occupation for a period not exceeding 3 months, and is
occupied by not more than 20 persons, the Building Authority may, in
his discretion exempt such matshed from compliance with any or all
of the foregoiyig provision.: *Provided always that such exemption shall
not be deemed to protect the permit-holder from legal action in the
event of a nuisance arising from the erection of such matshed.
19. Protection of Plantations-The Building Authoritv may require
0
the applicant for permission to erect ally matshed intended for the
housing of more than 2 persons, to sign all undertaking in the follow-
ing form, and to make a deposit in the Treasury of a sum to be fixed
by the Building Authority, not exceeding $500 for each matshed, as
security for the performance of such undertaking.
Undertaking to Protect Trees &C. near a Matshed.
In consideration of the issue. to the undersigned ...........................
of a permit to erect .....................matshed at for the housing of [work
..........................................0
vien] .................hereby undertake to make good any loss ordestruction of or
damage to any 6ees, shrubs or undergrom-th`on unleased Crown land
within a dist~nce of 500 yards from any part of any inatshed erected
under such permit, occurring while such matshed stands, unless .........
.....................can prove to the stands, of the Building Authority that
such loss, destruction or damage has not occurred through the act,
neglect or default of any person employed by or any person
making use of any such matshed; and hereby agree that tht
amount of any such loss, destruction or dainage for which maV
be liable under this document, as assessed by the Superintendent of tho
Botanical and Forestrv Department, may be, deducted from the sum off
$ .which ...liave depoAted with the Treasurer as security for
that purpose.
As witness .....hand .this ......day of... 19
1,Vitness.
SCHEDULE J.
is. 211.3
RE'GULATIONS AS TO OBTAINING STONE, EARTH, OR TunF FROM
UNLE'ASEW CR0WX LAND.
[21st FebruarY, 1903.]
1. No person shall cut or ren-love earth or turf, or collect, extract,
split, blast, or remove stone,; from any land not, under lease from the
Crown, without having previoursly obtained a written permit from the
Director of Public Works, and such permit must 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 by the
police, and shall have stated in it the period for which it will be avail-
able.
2. The place where stone, earth, or turf is to be obtained shall, where
practicable, be stated in the permit.
As amended by No. 50 of 1911 and No. 43 of 1912.
As ainended by No. 50 of 1911 and No. 8 of 1912
As aLnetidfid by No. 8 of 1912.
3, As each case may require special precautions, the permit holde'
must obey any special instructions of the Director of Public Works en-
dorsed on tile perinit.
4. Permits for the obtaining of stone will be limilted to the collection
of loose boulders.
5. No stone shall be rolled oil to, or left deposited upon, any public
road or allowed to roll over any hill slope to the danger of life or-pro-
petty or to the dett.iment of trees.
6. All escarpinents caused by the cutting of earth on unleased Crown
land niust be sloped uniformly and properly turfed upon completion of
the excavation.
7. Any infringement of these regulations will entitle tile Director of
Public Works to cancel and withdraw the permit without notice, and
will render the person to whoin the perinit -was granted liable, on suni-
inarv conviction, to a fine not exceedin,- 100 dollars.
8. The Director of Public Works shall have power at any time to
cancel and witlydraw a permit, without giving any notice or assigning-
ally cause for sucli withdrawal.
9. The permit-bolder is to provide a coinpetent foreman, who is to
rennain on the ground during the whole of the time the men are obtain-
ing earth Or stone, for tlie purpose of ensuring that the work is carried
Out without undrmining or prejudicially affecting or endallgering the
stability of any bank or earth or of any land or property adjoining, and
to prevent the rolling of stones over any hill slope to the danger of life
or property or to the detriment of treees, and to se that all regulations
and conditions attaclied to the perinit are properly complied 'with.
Note.-AnY contravention of the Public Ilealth and Buildign Ordi.
liance, as regards the above niatters, tenders not only the labourer doin-
the work, but the perruit holder, contractor, or foreman under whom
such labourer is working, liable to the penalty provided by suell Ordi-
nance.
SCHEDULE K.
NOTICE OF INTE.KTION TO COMMENCE 01, RESUAIE
A..\y BuiLD1NG OR MI-ORKS.
Is. 228.1
[21st Fel)rt~ar,v, 1903. ]
To the Building Authority.
llongkong,
1 19
hereby give you notice, pursuant to the Public Health ano
As amended by No. 8 of 1912.
As amended by No. .90 of 1911 wid No. 2 of 1912.
As amended 6~ G. N. 481 of 1903.
Buildings Ordinance, of intention to con-mience (or resume) the
following building (or works) viz. :-
in accordance with the dran-ing (s) and plan.
Particillars.
No. of'Lot
Locality
Naine and Number of Street (if any)
Width of Street opposite buildign (if any)
Parpose for which it is intendetl to tise
the builgin .............................
Special or material particulars (if any )
Name and adress fo Wener an dOcen-
pier (if any), an(A of the Agent nf
Owiier (if any) . ......................
of Owner, Occapier, dr Agent.]
(Statellient of capacity in which the party signs.)
SCHEDULE L.
NOTICE TO ABATE A BUILDING
No.
Is. 230.]
[21st FebruarY, 1903.1
Office of the Buildging Authority,
0
Hongkong
To A.B.
It has been brought to my attention that a Nuisance exists
1 19
your Lot No. situated
viz. --
which contravenes section of the Public Health and Building.,
Ordinance. I have therefore to give you notice under the said Ordi-
nance to abate tile nuisance within a period of
by
(Signed)
0
Building Authority.
SCHEDULE M.
DRAINAGE, REGULATIONS. [ss. 192, 266. ]
[12th. February, 1910.]
[The Drainage By-laws originally contained in Schedule B of- the
Public Health and Buildin.s Ordinance, 1903, and transfer*r'e'd to
Schedule M by the Public Health and Buildings Amendment Ordi-
nance, 1908, and the By-laws relating to Wate-closets originally con-,'
tained. in Schedule B of the Public Health and Buildings Ordinance,
1903, are hereby repealed, and the following Regulations are substi-
tuted for all such by-laws:
Provided always that such repeal and substitution shall not affect
any existing drain, sewer, water-closet or urlinal constructed and
maintaind in compliance with the by previously in force until
such drain, sewer, water-closet or urinal shall hecome defectivel
In these Regulations
Drain---means any drain of and used for the drainage of one build-
ing 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 prerniRes occupied bY difterent persons iss conveyed;
and ---Main drain--- means the whole of such drain excluding any
branches thereof.
---Sewer--- includes sewers and drains of every description except
drains to ivIiich the word---drain---interpreted as aforesaid applies.
1. Any owner or occupier of private premises about to construct, re-
construct, alter, or amend any drain shall give the notice and forward
the plans required by sections 222 and 223 of the Public Health and
Buildings Ordinance. Such plans must the whole of the drainage
works proposed to be carried out, the diameter of the pipes, their
gradient and their connection to the main drain, sewer, channel, or
nullah, and also the level. and sizes of any existing drains crossed by
or adjacent to such new drains. Copies of schedule K, in English and
Chinese, 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 1b a.m. and 4 p.m.
Provided that when drainage works are being carried out in conjunc-
tion 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 includina such drainaue works.
Note- The approval of plans by the Building Authority under these. regulations
certifies simply to the fact that the plans are in accordance with the Public Health and
Buildings Ordinance and with the regulations made thereunder, but signifies no ap-
proval of flhe sufficieney or otherwise of the plan and throws no responsibility on the
Building Authority.
A& As amended by No. 43 of 1912.
As amended by No. 2 of 1912.
2. Any person carrying out excavations for drainage works on any
premises contiguous to a public thoroughfare, whereby the safety of the
public 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 securing the safety of the public and the pro-
tection of adjoining properties.
3. Covered drains and sewers shall be made of impervious materials,
to be approved by the Building Authority, with smooth internal sur-
faces, such as well glazed earthenware pipes, or cast-iron pipes protect-
ed against rust or corrosion by suitable asphaltie coating, and shall be
so constructed as to be watertight and air-tight. In jointing pipes with
cement, tarred-hemp shall be caulked into the joints before the cement
is applied, and care shall be taken that no cement or other jointing
material projects froin 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.
4. All drains and sewers shall be laid so as to have a firm bed
oughout 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 weli rammed into place.
Where such drains or sewers are laid under a wall they shall be pro-
.ected by means of a relieving arch.
5. All stoneware pipes shall be well glazed and free from cracks and
flaws, and shall have a thickness of not less than one-twelfth of their
diameter.
6. That portion of the drain of any building which is immediately
connected with any sewer shall (unless specially exempted by the
Building Authority) be provided with a suitable and efficient intercept-
ing 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 is connected wtih such
sewer. Adequate means of access shall be provided to every drain by
a manhole or disconnecting chamber or other means of access to be
approved by the Building Authority for the purpose of cleansing the
drain. All manholes and disconnecting chambers shall be constructed
of brickwork at least 9 inches in thickness built in cement-mortar so as
to be watertight up to the level of adjacent ground, and shall be fitted
with manhole covers and frames to be approved by the Building
Authority. If placed within a building surih covers shall be air-tight.
7. All 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 by half channels in manholes.
8. Concrete for encasing drains or sewers shall be composed of 4
parts of good sound clean stone, broken to pass through a one inch ring,
2 parts of red or yellow earth, and one part of lime thoroughly well
mixed and well rammed into place, or of such other materials and in
such proportions as the Building Authority may approve.
9. Cement-mortar for the jointing of pipes or any other work shall be
mixed in the proportions of not more than 3 parts of clean sharp sand
to one part of good Portland cement and used fresh.
10. No covered drain or sewer shall be less than 4 inches in clear
internal diameter, but the Building Authority may require any covered
drain or sewer to be constructed of a larger diameter.
11. Subject to the limitation mentioned in the preceding regulation,
no drain or sewer shall be larger than is necessary in the opinion of the
Building Authority to carry off the sewage of the premises drained or
the sewa e with rain-water, which, under conditions hereinafter
specified in Nos. 33---34and 35 of these regulations, shall be admitted
to the drain.
12. Every drain or sewer shall have the maximum fall, throughout
its length, that the relative levels of the public sewer and of the most
remote inlet, will admit of:
Provided
(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 avail-
able fall, is likely in the opinion of the Building Authority to endanger
the 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 sewer, is less
tban 1 in 30 the Building Authority 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.im-
practicable. Any drain or sewer passing under a building shall be of
cast-iron pipes coated insidl with Dr. Angus Smith's patent composi-
tion, 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 throughout its entire length in 4 inches of con-
crete as specified in regulation No. 8.
0
* As amended by No. 43 of 1912 Supp. Sched.
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 4
inches of concrete as specified in regulation No. 8.
17. No drain or sewer shall be constructed 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 irri-
practicable 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 premises of a fee of 8 dollars,
construct an inlet in the said. 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.
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 4 square
inches, and such waste-pipe shall not have a less internal diameter
than 11 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 be provided with hinged gratings having the net area
of the openings not less than. twice the area of the trap or pipe. Such
gratings shall be sunk to a depili of at least one inch below the sur-
rounding surface with a slope round them equal to half the width of
the grating.
20. Traps shall have not less than 2 inches of water seal and shall be
properly fixed and jointed to the satisfaction of the Building ' Authority.
All stoneware traps shall be surrounded with 4 inches of concrete as
specified in regulation No. 8.
21. No person shall construct or fix in connection with any drain or
waste-pipe the form of trap of the kind known as the Belltrap, or any
trap of the kind known as the D trap.
22. Every covered main drain or sewer carrying sewage or sullap
water shall be ventilated at its upper end by carrying up in the open air
an iron ventilating pipe of a diameter of.not less than 4 inches to a
height of not less than 3 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, skylights or other openings. The joints of all such
pipes shall be properly caulked and run with lead.
23. Every coverei main drain or' sewer. carrying sewage or sullage
water shall have a ventilating opening near to its lower end and in the
As amended by No. 2 of 1912, No. 8 of 1912 and No. 43 of 19-12
Supp. Sched.As amended by No. 43 of 1912 Supp. Sehed.
f
open air, and no trap or other obstruction to the free circulation of air
shall exist between this opening and the one described in the preceding
regulation.
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 at a proper
gradient and connected to rain-water pipes to the satisfaction of the
Building Authority.
25. Rain-water pipes and waste-pipes frorn 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 socketted
pipes jointed with cement, or wrought iron pipes, with screwed joints,
coated with bituminous composition, or galvanised, or of well glazed
stoneware socketted 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 iron spikes not less
than 4 inches long, or in the case of iron pipes by means of ears, made
fast as above described and provided, at each point of connection, with
a suitable llead, and at their losver extremity with a bend, shoe, or
pedestal pipe. Every opening in the wall of a building for.the dis-
charge of sullage water shall be of a suitable size and entirely protected
to the satisfaction of the Building Authority by a fixed gra~ing of cast
iron or other material to be approved by te Building Authority.
Provided that in the case of rain-water pipes and waste-pipes abut-
ting on any street, cast or wrought iron pipes only shall be used, pro-
perly jointed as above described, (unless permission has been granted
by the Building Authority to use pipes of other material), and wherever
practicable rain-water pipes shall be carried under the foot-path and
shall discharge into the side channel. All joints of stoneware pipes
shall be made in the manner provided by No. 3 of these regulations.
NOTE-ZinC, tin -plate, rivetted or lap-jointed sheet-iron will not be pertnitted,
26. No waste-pipe (other than a soil pipe from a water-closet or
urinal) and no rain-water pipe shall be connected directly with any
covered drain, but every such pipe shall be brought down to within one
foot from the ground and shall discharge in the open 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 -,my 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 not cover up such drain,
,sewer, or works until the same shall have been previously inspected and
passed by the Building Authority or an officer depute:~ by him, and
every such person shall give 3`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
AuthoriV in a form of which printed copies in English and Chinese
may be obtained gratis on application at the office of the Building
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 an authorised architect have been submitted under regula-
tion No. 1, tile notice referred to in this regulation shall, if the Building
Authority so require, be signed by an authorised architect.
29. Before anv drain or sewer is covered in it shall be inspected and
tested bythe Building Authority or an officer deputed by him to
ascertain whether it is watertight and air tight; and no drain or sewer
that fails in either of these respects shall be passed. A fee of 10 dollars
shall be paid by the person who signs the notice referred to in the pre-
ceding, regulation 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 6 inches above the summit
of the sockets of the pipes, selected material, free from stones larger
than will Tass through a 2-inell 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 Build-
ing Authority may approve, and shall be finished off smooth and laid
to regular gradients of not less than 1 in 80 unless the Building
Authority shall permit a less gradient.
1 31. The floors of all kitchens, sculleries, bathrooms, stables, cow-
sheds 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 through the wall and de-
livering 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 water-level and below the grating of the
trap, which shall be accessible and in free communication ivith 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 Buildino, Aulority.
32. All surfaces of back-vards and paved areas of premises wherever
practicable shall have a falf 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 back-yards, court-yards or other spaces on
which slops are thrown, or from which foul-waters flow, shall be pro-
vided with trapped connections to the covered drains for the removal of
such waters as well as some of the rain-water.
34. Whenever an outlet is available, surface channels shall be pro-
vided to carry excessive rain-fall from the premises, and these channels
shall be properly connected with a storm-water channel or drain. As
many 4-inch traps as the. Building Authority may approve shall be
placed in such surface channels and connected with the covered drains
for the purpose of flushing the sewers.
35. The rain-water from roofs which slope towards enclosed court-
yards or back-yards may, if diversion to the surface channel is impracti.
cable, be 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, lay any pipe
for conveying sub-soil drainap in such manner or in such position as to
communicate directly with any sewer, cess-pool, or covered drain used
for the conveyance or reception of sewage.
37. In every case where the course of a drain or sewer shall be
diverted, any cess-pool 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
0
such external wall as in the opinion of the Building Authority is practi-
cable.
39. Every water-closet and urinal shall be furnished with a separate
cistern or flushing box, unless the Building Authority shall otherwise
permit. In the case of kn-ater-closets such cistern or Aushing box shall
be so constructed, fitted and placed as to admit of a supply of water to
such closet, pan, basin, or other receptacle of not less than 2 gallons
and not more than 3 gallons each time such pail, basin or other re-
ceptacle is used.
Such cistern or flushine, box shall in all cases, except where it is in
0
connection with a valve closet, be of the type known as the Water
Waste Preventor.
Such cistern shall be provided with a suitable ball-cock fixed on the
supply-pipe, and it shall be furnished with all overflow pipe carried
through the external wall of the building into the open air and termina-
ting in a conspicuous place.
Provided that in the case of trough water-closets and urinals such
cistern or flushing box shall be of automatic. action and of such size and
pattern, and discharging at such intervals, as 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, basin, or
other receptacle with which such apparatus may bi 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 other suitable receptacle or receptacles of non-absorbent material, and
of such shape, capacity, and mode of construction as to receive a
sufficientr quantity of water; and every such receptacle in connection
with a water-closet shall in addition contain a sufficient quantity of
water to allow all filth which may from time to time be deposited
therein to fall directly into the water. Every such receptacle shall be
provided with a suitable trap, having a water seal of not less than
li 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 connection 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 1.1 inches in diameter, and no flush-pipe in
connection with any urinal shall be less than three quarters 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 efficient
soil-pipe of cast or wrought iron securely fixed to the wall in the man-
ner described for ventilatino, and waste pipes; and sach soil-pipe shall
be at least 4 inches in diameter in the case of water-closets, and at least
2 inches in diameter in the case of urinals, and shall be properly con-
nected to the drain at the foot, and shall be continued up in full
diameter without bends or angles except where unavoidable, and shall
terminate in an open end at least 3 feet in height above the eaves of
the building to which it is affixed or of any adjacent building, and not
less than 10 feet from any window.
Such soil-pipe shall be jointed with yarn and molten lead and well
caulked.
. Every soil-pipe shall be provided with proper junctions for connecting
with the water-closet or urinal receptacle, the trap of which shall be
connected in a, sound and substantial manner. No soil-pipe shall re-
ceive any pipe other than that from a water-closet apparatus or urinal,
and no trap shall befixed in any portion thereof.
Every soil-pipe shall be fixed throughout its entire length outside the
building in the open air.
45. When more than one trap from a water-closet or urinal receptacle
is connected with a soil-pipe, the trap of each and every such receptacle
shall be provided with an air-pipe not less than 1-1 inclies in diameter,
which shall be carried up throughout its entire length outside the build-
ing, and shall either be connected to the soil-pipe above the connection
with the uppermost trap, or shall terminate not less than 3 feet above
the eaves of the building and not less than 10 feet from any window.
4 6. All joints, pipes, fittings and apparatus in connection with any
c
water-closet or urinal shall be perfectly watertight and air-tight, and
fixed to the satisfaction o~the Building Authority.
47. All drains, sewers, and drainage works shall be built and carried
out in all respeetb in accordance with the provisions of the Public
Health and Buildings Ordinance and of these regulations and of any
that may be made hereafter, and if no written notice provided by No.
1 of these regulations shall have been given to the Building Authority
by any owner or occupier about to construct, re-construct, alter, repair,
or amend anv drain or sewer on his premises, and if by sucli default the
Building Aithority shall have had no opportunity of inspecting and
approving or disapproving of any such drain, sewer, or drainage works
actually built and already covered in, it shall be lawful for the Building
Authority on discovering the existence of such drain or drainage works,
to call upon such owner or occupier to open and uncover the same 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 afore-mentioned Ordinance anddealt with accordingly.
48. All works connected with the construction of drains, sewers, and
connections shall be carried out in strict accordance with plans and
sections previously submitted to and approved by the Building An-
thority, or with such amendments to such plans and sections as may
have been required by him, to make them comply with the provisions
of the Public Health and Buildigns Ordinance, and such works shall be
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 satisfac-
tion of the Building Authority.
49. Whenever any drain or sewer is about to be constructed or re-
constructed 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,
sculleries, bathrooms, stables, cow-slieds and the like, shall discharge
into such surface channel without the intervention of a trap; but any
communication between 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 connection shall be ascertained by the person submitting.any
plan or notice relating to anydrainage 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 opening and of the re-instatement 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
As amended by No. 2 of 1912.
Aa amended. by No. 1 of 1912 and No. 2 of 1912.
.9 As amended by No. 50 of 1911.
eurtilage or works, 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 recfulations: Provided that any darnage caused to the owner by
reason of such inspection shall be made gond 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 Authourity inav consider the
provisions of any of these regulations inapplicable or inexpedient lie
may grant such modifications; or exeniptions as lie may consider
necessary.
Short title. By-laws. Government wells,buildings,and works exempt. Saving as to tenancy contracts. Interpretation of terms. List of authorised architects. Constitution of the Sanitary Board. No.6 of 1887. No.12 of 1908. No.3 of 1904. Election of members of the Board. Names of members to be gazetted. Substitute 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. By-laws subject to approval of Legislative Council. Power to inflict fines on officers or servants for misconduct or neglect of duty. Misconduct Book to be kept. Constitution of sanitary staff. Power of medical officers 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 Department 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 admission after due notice. Board may serve notice requiring abatement of nuisance. Board may serve notice directing compliance with by-laws. Proceedings without notice. Board may review notice. On non-compliance with notice complaint to be made to a magistrate. Power of Magistrate to make an order dealing with the nuisance. Order prohibiting use,&c., of building unfit for human habitation. Penalty for contravention of order of Magistrate or for defacing any copy of such order. Form of notices. Manner of serving notices. Common lodging house to be registered and the keeper licensed. Penalty for false statements in application. Inspection of common lodging-houses. Regulation of public washermen. Establishment of dangerous or offensive trades. Definition of 'to establish.' Nuisances in factories or workshops. Dangerous or offensive trades in domestic premises. Basements not to be occupied without permission. Overcrowding defined. Overcrowding in European Reservation and Hill District. Overcrowding prohibited. Steps to be taken to abate overcrowding. Magistrate to make order for abatement. Penalty for disobedience of order. Subsequent inspection. Kitchen not to be used as a sleeping room. Calculation of cubic space. Limit of fittings for sleeping accomodation. Licence for keeping cattle,swine,etc. Transport of animals,etc. Compensation for infected cattle slaughtered. Value to be fixed by the Colonial veterinary surgeon. Cattle depots to be provided by Government. Grazing may be prohibited. Establishing of slaughter-houses and letting thereof. Prohibition of private slaughter-houses. Privilege of slaughtering animals for food. Sub-letting prohibited. Slaughtering except in slaughter-houses prohibited. Unauthorised fees or charges prohibited. Marking of animals for slaughter. Only marked animals for human food. Forging marks. Passing of unmarked animals into slaughter-house prohibited. Stamping of beef,mutton and pork. Forging stamps. Seizure of unstamped meat. Slaughter-house to be open to inspection. Establishment of markets;unauthorized markets prohibited. Buildings in markets limited. Letting of market buildings. Sub-letting prohibited. Alterations to market buildings. Repairs to market buildings by lessees may be ordered by Magistrate. Sales of certain articles outside markets prohibited. Exceptions to the prohibition of sales outside markets. Unauthorised fees or charges prohibited. Markets to be open to inspection. Sale of un-wholesome food prohibited. Seizure of unwholesome food. Penalty under ss.82 and 83. Inspection of dairies;power to prohibit supply of milk in certain cases. Penalty for refusal to permit inspection. Penalty for allowing infected persons to milk animals or assist in the conduct of the dairy or reside therein. Removal of infected persons to hospital. Conveyance of infected persons in public vehicles. Disinfection of infected vehicles. Recovery of cost of dis-infection and payment of compensation for damage. Cemeteries to be appointed. Penalty for improper interment. List of authorised cemeteries. Penalty for burials elsewhere. Permit to exhume. Conditions of permit to exhume. Magistrate may order exhumation. Graves on land under Crown lease. Exhumation needed for execution of public works may be ordered. Re-interment. Record of permit for exhumation. Closing of cemeteries by Governor-in-Council. Reimbursement of expenses to the Board. Recovery of expenses by the Board.No.6 of 1875. Granting of certificates by Board. Authorised building materials. Construction of exceptional buildings. Structures of glass,iron,&c., subject to the approval of Building Authority. Buidings 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 hereafter erected or re-erected. Limitation of length of walls. Cross walls. Walls over 76 feet 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. Thickness of cross walls to be two thirds that of main walls. Thickness of partition walls. Damp-proof courses to be provided. Construction of foundations. Retaining walls. Party walls to be arried up above roof. Openings through party or external walls. Recessess. Returns to shop fronts. Openings and recessess to be arched so spanned. Lath and plaster walls prohibied. Bonding of walls of domestic buildings. Bearings of bressummers and lintels. Impermeable floors to be provided. Repairs to impermeable material over ground surface. 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 stonework. Space to be left between floors. Ventilation under boarded floors in the lowest storey. Rules as to mezzanine floors or cocklofts. Wooden floors to be watertight. Cement skirtings required. Rules as to tread and rise of stairs. Ceilings prohibited outside European Reservation. Corbels to be of stone or brick. Convering of roof to be of incombustible material. Space between timbers of contiguous buildings. Platforms on roofs prohibited. Roofs to rest upon brick or stonework. Bond timbers or woodplates not to be built into walls. Tomber or wood-worl near flue or chimney-opening prohibited. Rules as to constuction of arches. Material for coping,cornices,etc. Eaves-gutters,and rain water down-pipes to be provided. Projections into public thoroughfares prohibited. Proviso in case of public buildings. Encroachments on or over unleased Crown land regulated. Balconies forbidden 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 in streets less than 60 feet wide. Verandahs and balconies not ot be enclosed. 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 fire-places. Fire-places adapted for use of charcoal or wood to have hoods. Floors under oven,stove,or fire-place to be incombustible. 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. Compensation. Measurement of depth of a building. Rooms in existing domestic buildings without windows or skylights prohibited. After 3rd July,1908,cubicles to be provided with specified windows. 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. 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. No.6 of 1901. Governor-in-Council may permit owner to carry out work. Obstruction of windows 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 connecting of water service with latrines,etc.,prohibited. Receptacle and seat in latrine to be provided. 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 erection 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 rightrs. Open spaces to be provided for existing buildings. Buildings with two main frontages. Obstructions in such open spaces prohibited. Modifications in special cases. Open space between new building and hill-side. 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. 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. Compensation in case of refusal to allow re-erection. Maintenance and lighting of private streets. Refuse Removal. Limitation of height of buildings. Height of buildings on land not yet leased. Limitation of number of storeys. Methof 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. Groups of buildings to be drained in combination is requred 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 connections with main sewers to be regulated by Director of Public Works. Chinese domestic buildings within European Reservation or Hill District prohbited. Building Authority to inspect any such building on complaint. Restriction not to apply to the residence of Chinese. Existing rights of the Government to regulate type of buildings to be erected preserved. Occupation of new building without a certificate prohibited. Shoring and fencing of dangerous building. Taking down dangerous building. Shoring or taking down dangerous building at cost of owner. Procedure in cases of emergency. Powers of Magistrate in case of dangerous building. Hoardings and scaffoldings in thorough-fares to be sanctioned by Building Authority. Inflammable structures not to be erected without permission; and prohibited within gathering ground of a public reservoir. Precautions to be adopted when blasting. Regulations as to earth cutting ,etc. Timber yards to be enclosed. 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. Nullahs. Powers of Director of Public Works. Interference with any drain,nullah,catch-water or water-channel prohibited. Construction of boundary or enclosure walls. Construction of retaining walls. Consent of Building Authority required in connection with all new works. 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 or resumption of works. In case of emergency notice may be given after commencement of works. Certificate of authorised architect required before alteration to existing building. 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. 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 of order. Provisions concerning buildings on line of junction when adjoining lands are unbuilt on. Rights of building owner in relation to party structures,etc. Existing prior buildings. Requirements of adjoining owner inrelation to party structures. Differences between building owner and adjoining owner. Notice to the given by building owner before work commenced. Differences netween building owner and adjoining owner. Right of entry of building owner. Under-pinning 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. 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. [No.6 of 1901.] Evidence to be received. Effect of each 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 contraventions. 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. Application of Ordinance to New Territoriesm,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.[No.31 of 1911.] Preserving rights of the Crown. Drainage Regulations. Drainage Regulations. Drainage Regulations. Drainage Regulations. Drainage Regulations. Drainage Regulations. Drainage Regulations. Drainage Regulations.