CHINESE BURIALS AND NUISANCES ORDINANCE

CHINESE BURIALS AND NUISANCES ORDINANCE

Chinese Burials and Nuisances.

No. 12 of 1856.

An Ordinance to regulate Chinese Burials, and to prevent certain
Nuisances, within the Colony of Hongkong.

[12th June, 1856.]

WHEREAS the inciease of population and buildings in the City of
Victoria has made it necessary to provide other arrangements
for the interment of the dead, and whereas there exist certain nuisances
which the laws hitherto in force have failed effectually to prevent : Be
` it therefore enacted and ordained by B is Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, in manner
following, that is to say :-
Tnterpreta- 1. For the constriction as well of.this Ordinance as of
Ordinance
tion of terms.
No. 14 of 1845, the Ordinance No. 2 of 1854, the Ordinance No. 8 p
1.856, and the Ordinance No. 11 of 1856, the following males of con-
struction shall be observed in addition to whatsoever other rules are by
the said Ordinances respectively provided, that is to say:-
Public Public Offi- The expressions 'Public Officer' or 'Public
:Department' chill
cer ' or ' De-
vartnieut.' extend to and include Iris Excellency the ,Governor and every
officer erTor
ORDINANCE No. 12 of .1856:

Chinese Burials and Nuisances.

'department invested with or performing duties of a public nature, whe-
ther under immediate control of His Excellency or not.

The expression 11Lawful Authority' shall extend to and denote any
«Lsw°uiAu-
permission which may be lawfully given by a public officer or depart-
tu°hity.°~
ment or by a private person.

Where no specific description is given of the ownership of any pro-
~'rrorerby.'i
perty, the word ~~ Property' shall be taken to apply to all such property
-of the kinds specified, whether owned by the Crown, by a public depart-
ment, or by a private person.

Q. It shall be lawful for His Excellency in Executive Council from time
to time
-to select and appoint, and by advertisement in the Hongkong Government
Gazette to
notify, sufficient and proper places to be the sites of, and to be used
as, cemeteries or
places of burial for the Chinese; and from time to time to alter, vary,
and repeal the
=said notifications by others, to be advertised in the like manner; and
in such cemeteries
'or places it shall be lawful for the Chinese, in conformity with the
provisions of the
notifications actually in force, to bury their dead, yet so as that any
person who shall
use for that purpose a grave of less than five feet in depth from the
ordinary surface
-of the ground to the uppermost side of the corpse or coffin therein
deposited, shall for
every such offence forfeit and pay a sum not exceeding fifty dollars, nor
less than five
-dollars. [Repealed by Ordinance No. 24 of 1887.]

3. His said Excellency in Executive Council is authorized from time to
tame to
'notify, by advertisement in the Hongkong Government.Gazette, that any
Chinese ceme-
tery or burial ground shall, from a time in such notification to be
specified, be closed,
.and the same shall be closed accordingly; and whosoever after the
expiration of the
said specified time shall bury any corpse in the said cemetery or burial
ground shall,
for every such offence, forfeit and pay a sum not exceeding one hundred
dollars nor
less than five. [Repealed by Ordinance No. 24 of 1887.]

4. Whosoever shall bury any corpse or coffin ih any ground not being a
ceme-
tery or burial ground authorized under this or any other Ordinance, shall
(except in
cases provided for by section 3 of this Ordinance) for every such his
offence forfeit
-and pay a sum not exceeding one hundred dollars nor less than five.
[Repealed by
Ordinance No. 24 of 1887.]

5. The penalties in sections 3 and 4 specified shall be deemed to be
cumulative
and not substituted penalties, in any case where the commission of any of
the
offences to which the same are applicable shall occasion a nuisance
within the
meaning of Ordinance No. 8 of 1856, section 14. [Repealed by Ordinance
No. 24
.of 1887.]

6. The offences next hereinafter specified shall be deemed to be Nuisances
nuisances within the .meaning of all .laws, at any time in force within
punishable, n
,,this Colony, for the better repression of nuisances, save .that the
Court °rthe spurt.

The Governor in'
Executive Cotm-
cil to appoint
sites for Chinese

cemeteries, &c.

P,5W01' to close
Chinese cenute-
riea.

Penalties en bu-
rials elsewhere
than in eemete-
1fes, S.c.

Ftzrther penal-
ties on burials
being nuisances,
Indecency.

ORDINANCE. ho. 12 of 186.

Chinese Burials and -7Vuisances:

or Justices before whom any person shall be found guilty of any such
offence, in lieu of all other punishment for the same, shall order him for
every such offence to pay a penalty not exceeding one hundred dollars,
nor less than one dollar, that is to say;

Injury to 1. The felling, cutting, destroying or injuring of any standing
trees, shrubs,
turf, or fen- or growing tree, shrub, or underwood, any grass-sod or
turf, or any fence or portion thereof (except in cases
where any such offence shall be proved to have been coma

Injury or oh-
struction to
ways, sea-
shore, naviga
lion, Sc.

2.

mined with a felonious intention);

The doing any act whereby injury or obstruction, whether

directly or consequentially, may accrue to a public roads
path, or walk, or to the shore of the sea, or to navigation;,
mooring, or anchorage, transit or traffic, or whereby any
other nuisance within the meaning of Ordinance No. 8 of'
1356, sections 14, 15, and 16, whether directly or conse-

quentially, may happen;
Tt.espP6s on 8. The trespassing, by man or beast, upon or in any messuage,
public lands,
tenement, cemetery, or land being vested in or under the
control or management of any public officer, or depart-

9.

merit whatsoever; and

The' obeying the calls of nature on any way or in any public
exposed or other improper place, to the annoyance of others:

Whipping may 7. It shall be lawful for the Court or Justices before whom
any person shall be
be e ge e'suao found guilty of any offence against division 1 or division
4 of section G of this Ordinance,.
offences against
section a atvi- to order him, in lieu of all other punishment, to be once
or twice publicly whipped, yet
dious 1 wd 4.
so as that no offender shall receive in all for any one such offence more
than fifty blows

nor less than five. [Repealed by Ordinance No. 3 of 1881.]

Extension of $. Upon proof made to the satisfaction of the Court or
Justices-
laenaltieg to
accessories. that a person accused of any nuisance or offence under this
Ordinance,
or any of tile said enumerated Ordinances, is in fact guilty of having
pro-
cured, permitted, connived at, or continued any such nuisance or offence,
or of having neglected or refused to perform any duty cast upon hire by
law for the prevention or repression of the same, the said Court or Jus-
tices shall find the said person guilty of the said nuisance or offence,
and
shall award against him the penalty or other punishment to which per.
sons guilty of the said nuisance or offence are or shall be liable.

g. '.Chic Ordinance shall be read together with the Ordinances- ejnu-.

Incorporation
with former

ordinances. merated in section 1, and shall be incorporated therewith.
ORDINANCE No: 12 bF 185'6:

Chinese Burials and Nuisances.

10. All summary proceedings under this Ordinance, or the said
.enumerated Ordinances; (except proceedings under Ordinance No. 8 of
1856, sections 2 to 9, both inclusive) may be had upon the information
.of any complainant: But the disposal of materials of nuisances, of build-
ing materials, and of utensils under sections 17 and 19 of the last
-mentioned Ordinance, shall be at the absolute discretion of the Surveyor
General.

11. The Court, or Justices before whom any proceedings whatso- Costs may
he

.ever shall be had under this Ordinance or the said enumerated Ordinances,
may award costs and expenses to be paid by any offender upon convic-
tion, and to enforce payrnent thereof by any of the ways and means pre-
scribed by Ordinance No. 8 of 1856 in respect of penalties.

12. All nuisances prohibited by the laws for the time being in force
within
England, are equally prohibited within this Colony, and may be abated and
punished
:according to the provisions of this Ordinance and the said enumerated
Ordinances; but
notwithstanding this or any other Ordinance against nuisances now in
force or here-
after to come in force, all remedies compatible therewith for the
prevention, abate.
went, ar punishment of, or the compensation for, nuisances which are or
shall be at
'.any time in force within England, shall, until express provision be
made to the con-
trary, extend to and be enforced within this Colony likewise. (Repealed
by Ordinance
No. 24 of 1887.]

13. Such of the orders and regulations of the General Board of Health
,stab- ome,c.,of
the Board of
lisped in London under authority of the Acts of Parliament for the
protection of the ilealti,.
public health, or any of them, as shall be from time to time by the.
Governor in Ege-
cutive Council determined and notified, with such modifications thereof
respectively
as His Excellency in Council shall think fit to adopt, shall for such
time and to such
-,extent or with such modifications as shall be so notified, extend to
and be enforced
within this Colony 'under the authority of this Ordinance. [Repealed by
Ordinance
No. 24 of 1887.]

14. Nothing contained in this Ordinance, or in any of the ordinan- saving
as to

tact, done or
ces therewith incorporated, shall operate to the restraint or punishment
sanctioned .by
.of any act or thing done under lawful authority or sanctioned by the
thodty~u
same, yet so as that in every case the proof of such lawful authority
shall lie upon the person alleging the same.

x$eept in
case of illegal
works, Sic.,
any complain-
ant ratty lx
heard.

given.

English law or
nnNmuas to
come in force
Within this (:e-
louy.

NoM-For Government Notifications concerning Chinese burial grounds, see
those
,printed at foot of Ordinance 14''0, 24 of 1887.
352

Preamble.
Interpretation fo terms.
'Public Officer' or 'Department.'
'Lawful Authority.'
'Property.'
The Governor in Executive Council to appoint sites for Chinese cemeteries, &c.
Power to close Chinese cemeteries.
Penalties on burials elsewhere than in cewmeteries, &c.
Further penalties on burials being nuisances, &c.
Nuisances punishable, at the discretion of the Court.
Injury to trees, shrubs, turf, or fences.
Injury or obstruction to ways, seashore, navigation, &c.
Trespass on public lands, &c.
Indecency.
Whipping may be substituted in the case of offences against section 6 divisions 1 and 4.
Extension of penalties to accessories.
Incorporation with former ordinances.
Except in case of illegal works, &c., any complainant may be heard.
Costs may be given.
English law of nuisances to come in force within this Colony.
Orders, &c., of the Board of Health.
Saving as to acts done or sanctioned by lawful authority.

352

Preamble.
Interpretation fo terms.
'Public Officer' or 'Department.'
'Lawful Authority.'
'Property.'
The Governor in Executive Council to appoint sites for Chinese cemeteries, &c.
Power to close Chinese cemeteries.
Penalties on burials elsewhere than in cewmeteries, &c.
Further penalties on burials being nuisances, &c.
Nuisances punishable, at the discretion of the Court.
Injury to trees, shrubs, turf, or fences.
Injury or obstruction to ways, seashore, navigation, &c.
Trespass on public lands, &c.
Indecency.
Whipping may be substituted in the case of offences against section 6 divisions 1 and 4.
Extension of penalties to accessories.
Incorporation with former ordinances.
Except in case of illegal works, &c., any complainant may be heard.
Costs may be given.
English law of nuisances to come in force within this Colony.
Orders, &c., of the Board of Health.
Saving as to acts done or sanctioned by lawful authority.

https://oelawhk.lib.hku.hk/items/show/103

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No. 12 of 1856

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