MARKETS ORDINANCE

MARKETS ORDINANCE

No. 9 of 1858.

Market.

The Markets' Ordinance, 1858.

[31st May, 1858.]

BE it enacted and ordained by His Excellency the Governor of Hongkong,
with the,.
advice of the Legislative Council thereof, as follows:

1. Ordinance No. Z of 1854 is hereby repealed.

2, All markets presently established within the district of Victoria *
shall be sub-
ject to this Ordinance; but it shall be lawful for His Excellency the
Governor in Exe-
cutive Council from time to time to close the same or any of them, and
also to establish
and continue or close any new market or markets within the said district,
and to make
such bye-laws for the letting of houses, shops, stalls, or standings
therein, in any of the
said markets, hereinbefore specified, and the durations and conditions of
such lettings,
and the runts to be received for the same, and also for the good
government of the said
markets, the repression or prevention of disorder therein, and the
protection of the
traffic thereof, as to His Excellency in Council shall seem meet: Yet so
as that no such
bye-laws shall be contrary to this Ordinance, or capable of being
enforced until the same
shall have been in English and Chinese published in the Hongkong
Government Gaz-
ette, and, for the space of seven consecutive days, posted in all
existing markets.

3. No new market shall be deemed to be established until after
notification made
by His said Excellency in Council, in the Hongkong Government Gazette, in
English
and Chinese, that the same is so established and open for public use.

4. From the passing of this Ordinance, no market shall be opened or kept
open,
except under the provisions of this Ordinance; and every market which
shall be opened,
or kept open otherwise than as aforesaid shall, together with the
building or buildings.
(if any) wherein the same shall happen to be liolden, be deemed a common
nuisance.
ORDINANCE No. 9 of 1-8.58.

Markets.

5. No buildings shall be erected, continued, or maintained,. in any
market, save
only houses with shops, stalls, standings, houses for market porters, and
Ian or entrepots;
and the Surveyor General is hereby empowered and required to see to the
execution of
all laws for the time being in force, with respect to buildings, so far
as the same are
applicable to the buildings enumerated in the salvo lastly hereiubefore
contained; and
all the said buildings shall be constructed of stone or brick, and such
of them as are
shops or stalls shall be fitted with stone or wooden dressers or
counters, proper for the
purposes of trade, and no stall shall cover a larger surface than seven
lineal feet.
6. Each house and each stall in every market shall be numbered, and a
register
of the same by its proper number shall be kept in the office of the
Surveyor General,
['Registrar General' as amended by Ordbzance No. 5 of 1867] which
register shall
also contain an entry of the name of the actual lessee or tenant of the
same, the
premium therefor, the rent thereof, and the term of lease, and such entry
shall be
prima facie evidence of the facts thereby appearing.
'7. Licensed hawkers may lawfully hawk, for sale, any green vegetables,
fruit,
bean curds, congce, confectionary, and soup; and boatmen play lawfully
sell ally fresh
fish from their boats or vessels to the crews or occupants of other boats
or vessels, at a
distance from the shore of at least three hundred feet; neither shall
this Ordinance
extend to prohibit'bond facie public salts by licensed auctioneers, or
sales (not being
sales of raw butcher's meat) in shops or stores not kept by Asiatics, nor
the sale of rice,
nor to prevent any person from selling on his own premises any bread,
mill., congee,
confectionary or soup, or salt fish by hawkers as aforesaid, not being
less at any one
time than the weight of one picul, nor (if a licensed victualler or
keeper of a boarding,
eating, or coffee house, or cook shop) from supplying any cooked
provisions to a
customer.
S. All persons soever within the said district of Victoria or the barbour
thereof
(except in the cases specified in section 7), are hereby forbidden to
sell or expose for
sale in any place soever, not being a public market within the meaning of
this Ordi-
nance, any articles of food for man usually sold or exposed for sale in
a, public market.

9. No sales within any market (except in cases to which section 1-1 is
applicable) sales in markets
to take place in'
shall take place but in a stall or in a shop. stalls or shops.

10. No lessee or renter of a stall, or of a shop or house, within any
market, shall
underlet or assign the same, or any part thereof, without the written
licence of the
Surveyor General.

11. In such markets as may be by the Governor in Council thereunto
specially
determined, and which shall be notified as aforesaid, there shall be set
apart and
numbered by the Surveyor General, ['Registrar General' as amended by
Ordinance No.
5 of 1867,] Ian or entrep4ts, for the sale and purchase by wholesale of
swine, fish,
fowl (whether alive or dead), vegetables, and fruit, whereat dealers
having stalls or
shops in such market may purchase their supplies of the same articles;
and such Ian
.or entrepots, and the persons frequenting or using the salve, shall be
regulated and

Buildings in
markets,

[See Ord. No. S y'
1887 8. S.j

Numbering hon-
aes and stalls.
and registering
the game.

Certain market-
able articles nuty
he sold ont of
tarket.

All other sales oP'
marketable arti-
clos gut of market
prohibited.

L'nderlettinfi for-
bidden.

Wholesale depbts
to ho provided it
each market.
Not more than
one building to
be holtlen.

O1IITANCI: No. 9 of 1858.

Markets.

Yew buildings.

Partnerships and
:shop seals.
r.~,P nra. no. s Qr
18x7 s. 7.J

'Absence from the
Colony.

governed by such of the aforesaid bye-laws as shall relate thereunto; and
no p'arson
'shall be allowed to vend any articles ill any such Ian or entrepot as a
wholesale trader
or dealer therein, except under licence approved by His said Excellency
in Council,
who is hereby, empowered from time to time to grant such licences as
aforesaid, and
make such regulations for the duration or conditions thereof, and the
fees or taxes to
be imposed or levied for the same; and such licences shall be granted to
all approved
applicants for whom there may be accommodation, but shall not be
transferable.

Modes ofletting 12, All buildings in markets shall be let by tile Surveyor
General in manner
buildings in
markets. following, that is to say: the letting of all houses for one year
certain, and from the
end or other sooner determination thereof from year to year, and at the
highest yearly
rent that can be reasonably, gotten for the same, the first yearly rent
thereof for the
year commencing on the first day of July now nest coming to be
ascertained by way
of public auction, and the highest bidder thereat of ;tpproved
responsibility to be
declared the lessee for the said term, with right of preference, in the
renewal of every
such term, to the actual tenant thereof: But the letting of all stalls
and Ian to be by
the month, and the lessees thereof to be ascertained by way of lot from
among the
applicants for the name, with the like right of preference, and at such
rents as shall
from time to time he, by His said Excellency in Council, ascertained :and
fixed and
signified unto the said Surveyor General. [Repealed by Ordinance No. 5 of
1867.

13. No person shall occupy or hold, for himself or for another, more than
one
,building in a market, without the written permission of the Surveyor
General ['Regis.
tear General' as amended by Ordinance No. 5 of 18671 upon cause shown.
14. The rent reserved in respect of any new or additional building in 'a
Market
shall be after the same rate, and payable at. tile same tune, as the
rents of other
buildings of the same kind in the same market.
. , ~ 15. Every lessee or tenant, as soon as may be after being accepted
as such, and
before entering into possession of any such building, shall furnish the
Surveyor General
'['Registrar General ' as an2ended by Ordinance No. 5 of 18671 with a
written statement
'of the names of all persons, if any, having any copartnery interest with
him in his busi-
ness, to be carried on thereon or incidentally thereto, and also the
impression of the.
seal (if any) of his shop or firm. .
16. No actual lessee or tenant of any such building, registered as the
sole lessee
or tenant thereof, shall be at any one time absent from the Colony for a
period of six
consecutive months.

'Alterations of or 1'7, No alteration in or addition to any such building
shall be made or commenced = r
.additions to _
buildings. by the lessen or tenant thereof, without the written sanction
of the Surveyor General
being first obtained.

False weights, 18. False or unlawful scales, weights, or measures,
counterfeit coin; and base cash, , ~ '`~`-
coit,, Ka
aro hereby forbidden to be used in any market by any such lessee or
tenant, and'all `r
MAY
such scales, weights, and measures, coin and cash, shall be impounded and
destroyed ~L
by the Superintendent of Police. -_-
ORDINANCE No. 9 of

vh9. Dangerous explosive or combustible substances, in a larger quantity
that one, Dangerous snh-
catty in all, shall not be kept within any market by guy such lessee or
tenant.

20. His said Excellency in Council is farther empowered to grant onto any
person Erection eradap*
tntlon ePslaugia-
or persons in such manner, for such consideration or rent, upon such
conditions, and ae-houses.
for such period not being less than one twelvemonth, as shall be from
time to tine
ascertained and fixed by such of the said bye-laws as shall relate
thereunto, the sole,
privilege of slaughtering cattle, within such slaughter-houses as shall
be from time to
time provided or appointed for the said purpose, for the supply of the
said markets, or
for the supply of any person residing in the said district o£ Victoria.
[Repealed by On-
dinance No. 5 of 1867.E

21. No person shall within the said district of Victoria slaughter any
cattle .or
dress any carcass for sale as food forman, except within the said
slaughter-houses.

22. Every grantee of the said privilege shall at all times daring such
period of
the day or night, as shall be from time to time determined by such
bye-laws as afore-
said, allow any person (who shall first pay or tender unto him such toll
as in that be.
half is provided by a tariff of tolls to be from time to time in like
manner determined)
to slaughter any cattle or dress any carcass for sale within tile said
slaughter-houses as
food for man.

23. No person shall keep, sell, or expose for sale anywhere, or bring
into this
Colony or any market or slaughter-house, any article of food for man
which shall be in
a ,u unwholesome condition or unfit for such food; or bring, lead, carry,
or drive into,
or keep or slaughter in'this Colony or any slaughter-house, or permit to
be so brought,
led, carried, or driven thereto, or kept or slaughtered therein, any
cattle which shall be
unfit for slaughter.

24. It is also forbidden to any person to keep, sell, or expose for sale
in, or bring
into this Colony or any market or slaughter-house, any fodder for beasts
which shall
be in an unwholesome condition, or unfit for such fodder, or to give, or
allow to be
given, any such fodder to any beasts.

Slaughtering
elsewhere proht-
bited.

Tariff of tolls ftw
the use of
slnnghtering-
houses.

Keeping, or sell-
ing food, ar
slaughtering
cattle, in an nn-.
wholesomo con-1 -
ditlon.

Keeping, selling,
&c., nnwhole-
acme fodder.

25. No person shall act as porter in any market, without being thereunto
licensed Licensed porters:
in writing by the Superintendent of Police.

28. For the performance of the several duties of the Police Force in
enforcing
this Ordinance, the Superintendent of Police and lain officers, and the
other members
of the said Force, together or singly, shall have at all times free
access to every part o£
every market, and of every stall and building therein, and of every
slaughter-house,
and may abide therein at the pleasure of the said Superintendent; and
none 'shall pre-
sume to impede, obstruct, or resist him, them, or any of them, in the
performance of
their said duties respectively. .

.- 2',7. Except where otherwise by this Ordinance provided, it shall be
unlawful for
any person soever to-demand or receive any chattel, money, or other
valuable.thing; as,
or for, or under pretence of a fee, fine, tol)~ rent, stallage, or
otherwise, for .access or

Superintendent
of J.'olice and his
officers to nave
free access.

I?xaction of otlior

-

fees; &o,F than as-
provfded-nnd`e't
this Ordinance' -
to be extortion.
-X24 ORDINANCE No: 9 OF 1858.
Markets.
admission to, or buying, or selling, or slaughtering ill any market or
slaughter-house
respectively.
1Asqualiflention 28, No person in the public service, and no person in the
employment or mem-
ofcertain persons
In respect of in- ber of the family of any person in such service, shall,
either in his own right or in the
terest.
right of another, and either for his own benefit or for the benefit of
another, and either
at Law or in Equity, be directly or indirectly interested ill or
concerned with any
market, stall, building, or slaughter-house as aforesaid.

-Rents, fees, and 29. All monies payable to the Crown under this Ordinance
for rents, fees, or taxes,
'taxes' shall be paid in advance on the first day of every month, or
within seven days next
after to the Registrar General, and shall be, within three days next
after receipt thereof,
paid over by him into the Treasury, to the use of the Crown.

Monies tol,epdd 30. All sums of money to be paid under, or by virtue of
this Ordinance, or any
in current dollars.
of its provisions, are to be paid in current dollars.
Penalties for of- 31. All violations or disobediences of, or defaults in
compliance with, the provi-
fenees.
sions of the sections of this Ordinance next hereinafter specified, shall
be heard and
determined summarily tinder the Ordinances for the time being in force,
touching the
jurisdiction of the Court of Petty Sessions ; and on conviction of such
offences, the re-
spective offenders shall be sentenced to pay the several penalties, or in
default of pay-
ment thereof, to suffer the several terms of imprisonment respectively
hereinafter

specified:

i. Agalnstsees, 1. For every offence against sections 4, 26, 27, or 28, a
fine not exceeding five
4 26,27,
hundred dollars, over and above (in cases of nuisance under section 4)
and 28.
the expense of, or incident to, abating and removing the same; or, instead
of such fine, imprisonment for a term not exceeding six months, for every
offence against either of the said sections.
~2. Against sees. 2. For every offence against sections 8, 9, or 11, a
fine not exceeding twenty-
',9,and10.
five dollars, or imprisonment for a term not exceeding one month.

3. Against seea. 3. For every offence against sections 10, 21, or 22, a
fine not exceeding one
10, 21, and
22. hundred dollars, or imprisonment for a term not exceeding three months.

s. Against see 4. For every offence against section 13, or sections 16 to
19' inclusive, the for-
13,16, 17,
18,11114119. feiture of the lease or tenancy of the offender.
b. Against see. - 5. For every offence against section 23, a fine not
exceeding two hundred dol-
lars, over and above the expenses of the removal of the food or cattle in
question; and also (if the Court shall order the destruction thereof); the
. expenses of, or incident to, the same; or, instead of such fine,
imprisof-
ment for a term not exceeding six months.
C Agninst nee. 6. For every offence against section 24, a fine not
exceeding fifty dollars, or
24.
imprisonment for a term not exceeding one month.
v. Against see. 7. For every offence against section 29, a fine not
exceeding in amount the sum
20.
of money not paid over,i and also (if the offender be a lessee or= tenant)

the forfeiture of his lease or tenancy.
Markets.

No. 9 of 1858.

32. The laws relating to nuisances, cruelty to animals, offences relating
to scales,
weights, measures, and coins, and extortions, and the general
jurisdiction of the Su-
preme Court, are not affected by this Ordinance.
33. The word 'Cattle' in this Ordinance shall include swine, lend all
gramln i-
-vorous beasts, except horses, asses, and mules.

[All repealed by Ordinance No. 17 of 1887.1

NOTE.-The following bye-laws 5c. were made under this Ordinance:-
Marhet bye-la:es of the 1st June, 18,58, gazetted on the 4th of the same
month.
Additional bye-laws of the 17th June, 1858, gazetted on the 22nd of''the
same
month.
Proclamation as to 'District of Victoria 'qf the 9th December, 1872,
gazetted
on the 14th of'the same month.
Government Notification (is to °1-TJstablishment of Market tit Shnuhiwan'
of the 10th December, 1872, gazettcd on the 14th of the same, month.
Government N`otification of Tstablishment of other Narhets oJ'the ,30th
Xtiy,
1876, gaxetted on the 27th of the same month.
Proclamation as to meaning of 'District of 1 ctoria' of the 30th Awe,
1879, gazetted on the 10th July, 1879.
Bye-law as to condition of licences tf stalls or sloops for the sale of
meat
made and gazetted on the 12th, June, 1884.
Bye-law as to the good government, of the Central Market of the 15th,
October, 1884, gazetted on the 25th of the same month.
420

[See Ords. No. 5 of 1867, and No. 3 of 1878.]
Repeal of Ordinance No. 2 of 1854.
Governor in Council empowered to establish and close market, and to make regulations and bye-laws.
[* See Ordinance No. 5 of 1867 s. 8.]
No market to be deemed established till notified in the Gazette.
Prohibition of other markets.
Buildings in markets.
[See Ord. No. 5 of 1867 s. 3.]
Numbering houses and stalls, and registering the same.
Certain marketable articles may be sold out of market.
All other sales of marketable articles out of market prohibited.
Sales in markets to take place in stalls or shops.
Underletting forbidden.
Wholesale depots to be provided in each market.
Modes of letting buildings in markets.
Not more than one building to be holden.
New buildings.
Partnerships and shop seals. [See Ord. No. 5 of 1867 s. 7.]
Absence from the Colony.
Alterations of or additions to buildings.
False weights, coin, &c.
Dangerous substances.
Erection or adaptation of slaughter-houses.
Slanghtering elsewhere prohibited.
Tariff of tolls for the use of slanghtering-houses.
Keeping or selling food, or slanghtering cattle, in an unwholesome condition.
Keeping, selling &c., unwholesome fodder.
Licensed porters.
Superintendent of Police and his officers to have free access.
Exaction of other fees, &c., than as provided under this Ordinance, to be extortion.
Disqualification of certain persons in respect of interest.
Rents, fees, and taxes, how payable.
Monies to be paid in current dollars.
Penalties for offences.
1. Against secs. 4, 26, 27, and 28.
2. Against secs. 8, 9, and 10.
3. Against secs. 10, 21, and 22.
4. Against secs. 13, 16, 17, 18, and 19.
5. Against sec. 23.
6. Against sec. 24.
7. Against sec. 29.
425

Until places of transportation are appointed, penal servitude may be substituted.

420

[See Ords. No. 5 of 1867, and No. 3 of 1878.]
Repeal of Ordinance No. 2 of 1854.
Governor in Council empowered to establish and close market, and to make regulations and bye-laws.
[* See Ordinance No. 5 of 1867 s. 8.]
No market to be deemed established till notified in the Gazette.
Prohibition of other markets.
Buildings in markets.
[See Ord. No. 5 of 1867 s. 3.]
Numbering houses and stalls, and registering the same.
Certain marketable articles may be sold out of market.
All other sales of marketable articles out of market prohibited.
Sales in markets to take place in stalls or shops.
Underletting forbidden.
Wholesale depots to be provided in each market.
Modes of letting buildings in markets.
Not more than one building to be holden.
New buildings.
Partnerships and shop seals. [See Ord. No. 5 of 1867 s. 7.]
Absence from the Colony.
Alterations of or additions to buildings.
False weights, coin, &c.
Dangerous substances.
Erection or adaptation of slaughter-houses.
Slanghtering elsewhere prohibited.
Tariff of tolls for the use of slanghtering-houses.
Keeping or selling food, or slanghtering cattle, in an unwholesome condition.
Keeping, selling &c., unwholesome fodder.
Licensed porters.
Superintendent of Police and his officers to have free access.
Exaction of other fees, &c., than as provided under this Ordinance, to be extortion.
Disqualification of certain persons in respect of interest.
Rents, fees, and taxes, how payable.
Monies to be paid in current dollars.
Penalties for offences.
1. Against secs. 4, 26, 27, and 28.
2. Against secs. 8, 9, and 10.
3. Against secs. 10, 21, and 22.
4. Against secs. 13, 16, 17, 18, and 19.
5. Against sec. 23.
6. Against sec. 24.
7. Against sec. 29.
425

Until places of transportation are appointed, penal servitude may be substituted.

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1890

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No. 9 of 1858

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