POLICE AND LIGHTING RATES ORDINANCE
Title
POLICE AND LIGHTING RATES ORDINANCE
Description
Police and Lighting Rates.
No. 5 of 1863.
An Ordinance for the better assessinm and collecting the Police and
Lighting Rates within the Colony of Hongkong.
(16th June, 1863.)
WHEREAS the collection of Police and lighting rates assessed upon the
occupiers ncan,t,te.
of tenements in this Colony is difficult and frequently impracticable,
and it is
expedient to make better provision for the rating of such tenements, and
for the collec-
tion of such rates: Be it therefore enacted by His Excellency the Acting
Governor by
and with the advice of the Legislative Council as follows:-
.
1. Ordinance No. L of 1845, Ordinance No. 3 of 1851, section 1 of
Ordinance No.
11 of 1856, and Ordinance No. 8 of 1857, shall be and the same hereby
tare respectively
repealed, except as to any operation already effected by, or act done
under any or either
6fsuch Ordinances, or as to-any right, title, obligation or liability
acquired or accrued
thereunder.
ORDINANCE No. .5 of 1863.
Police and Lighting Rates.
Persons acting 2. All persons heretofore appointed or acting under the
said Ordinances shall, and
under said
Ordinances, to they are hereby authorized and required, notwithstanding
the passing of this Ordi.
continue to
diaehargeanclea Dance, to continue to discharge and esecufe their several
duties and offices for the
tlll otherwise directed. purpose of carrying this Ordinance into
execution, without any further or other appoint.
ment thereto until the Governor shall otherwise direct.
Governor may
appoint persons
cprry this
Ordinance into
etecation, and
allow them such
remuneration as
he'may deem
reasonable.
Valuation to be
made between
the lot day of
August and 16th
day of November
in each year,
unless Governor
notify that then
oxisting
valuation Is to
stand wholly or
in part.
3. Upon the death, resignation or removal of such persons it shall be
lawful for
the Governor from time to time to nominate and appoint other fit and
proper persons
for the purpose of carrying this Ordinance into execution, and to allow
them for the
performance of their duties, in that behalf, such remuneration as the
Governor with
the advice of the Executive Council shall direct, and some one or more of
the persons
so appointed as aforesaid shall at such times and in such manner as
hereinafter pro-
vided make or cause to be made a valuation of the tenements in this
Colony, or such
part thereof as the Governor with the advice of the Council aforesaid may
at any time
direct and appoint.
4. Such valuation shall be made at any time between the first day of
August and
the fifteenth day of November both inclusive in each year unless the
Governor, with
the advice of the Executive Council, should deem it expedient to permit
any existing
valuation to stand and he adopted wholly or in part for the year then
next succeeding,
in which case duo notice of his intention shall between the days
aforesaid be given in
the Government Gazette; Provided always that such valuation whether
adopted wholly
or in part only shall for the purposes of appeal be considered as a new
valuation.
5. It shall be lawful for any person continued or appointed under this
Ordinance
to require the owner or occupier of any tenement to furnish him with such
particulars
as are set forth in form I in the schedule hereunto annexed, and from
time to time to
enter into and upon such tenement for the purpose of making any valuation
authorized by this Ordinance; Provided always that in every case in which
it shall be
necessary for any such person to enter any tenement, and when the owner
or occupier
thereof shall oppose or refuse to allow such entry, such person shall
give one day's
notice to the owner or occupier of such tenement requiring to be
permitted to enter the
same and at any reasonable time after the expiration of such notice it
shall be lawful to
make such entry, such person doing as little damage as may be in the
execution of the
powers hereby granted; Provided also that in ovary case in which such
owner or
occupier shall refuse or fail to furnish such particulars for the space
of one week from
the day on which he shall have been required so to do or shall knowingly
furnish false
or incorrect particulars, or shall after the expiration of the notice
aforesaid hinder
obstruct or prevent any person continued or appointed under this
Ordinance from
entering or inspecting any such tenement he shall be liable on conviction
before a
Stipendiary Magistrate to a penalty not exceeding one hundred dollars.
6. In every valuation to be made under the provisions of this Ordinance
the person
so appointed to make such -valuation as aforesaid shall cause every
tenement to be
separately valued and such valuation shall be made upon au estimate of
the grass
falastors may in
execution of this
'Ordinance
reqn1re occupier
or owner to far.
211sh particulars
of the rent or
anneal value of
-any tenement
and may enter
the-same.
Penaltyfor pre-
venting such
entry or refusing
to furnish cor-
rectpactlcnlars.
Annual value
how to be
ascertained.
ORDINANCE No. .5 of 1863.
Police anti Lighting Rates. '
annual rent at which such tenement might reasonably be expected to let
from year to
year. The value of a tenement so estimated shall not include the value of
any maehi.
new contained therein.
7. In making out the lists or tables of valuation hereinafter mentioned
the valuator
shall distinguish all religious edifices, hospitals, cemeteries and
tenements or portions
of the same of a public nature or used for charitable purposes or for the
purposes of
science, literature or fine arts as specified in an Act of the Imperial
Parliament made
and passed in the Session thereof holden in the sixth and seventh years
of the reign of
Her present Majesty, chapter thirty-six, and the value of the same shall
be deducted
from the gross amount of the valuation of the tenements comprised in such
lists or
tables, and all such edifices, hospitals, and cemeteries and all such
tenements or por-
tions of the same so distinguished and deducted shall for the purposes of
this Ordi-
nance be deemed exempt from all assessment whatever so long as they shall
continue
to be exclusively of a religious or public nature, or used exclusively
for the purposes
aforesaid.
8. At a period of not less than fourteen days preceding the time fixed
for appeal
as hereinafter provided, it shall be the duty of the persons so appointed
to make such
valuation to leave or cause to be left with the occupier of the tenement
so valued or
with some person resident therein a notice in writing of such valuation
having been
made and of the amount thereof; Provided always that non-compliance with
this
enactment by such persons shall not have the effect of invalidating the
valuation of
such tenement or of relieving the party liable from payment of the rate
or assessment
in respect thereof.
9. When and as soon as the valuation of the tenements so directed to be
made as
aforesaid shall be completed, the person so appointed to make such
valuation shall
prepare and make out a list or table of the several tenements so valued
and of their
respective valuations and shall lay the same before the Governor and
shall at the foot
of such list or table make and subscribe in the presence of the Governor
or Colonial
Secretary a declaration to the effect that the same contains a true
account of all valu-
ationd made by such person and that the said list or table is to the best
of his know-
ledge and belief correct in all other particulars.
10. The Governor shall cause to be deposited with some person such list
or table
or an examined copy thereof, and notice of the place where the same may
be inspected
shall be published in the Government Gazette, and any person in whose
custody such
list or table or copy, thereof may be shall at any reasonable time within
fourteen days
from the publication of such notice permit every owner or occupier of a
tenement
included therein to inspect the same and take any extracts therefrom
without payment
of any fee or reward in that behalf.
11. If any person shall think himself aggrieved by such list or table on
the
,around that such list or table includes any tenement for which he is not
rateable
under this Ordinance, or that it places his rateable tenement beyond its
full and fair
Valuator to dis-
tinguish all
religious editlces,
houses of a
public nature or
used for charit-
able purposes,
&e., which shall
be exempted
from assessment.
Notice of valua
tion in writing
to be given to
occupier and of
tile amount
thereof:
Lists of valuatlon
when completed
to be Laid before
Governor, at the
foot of which is
to be subscrlbed-
declaration that
the same con-
tains an account
of all valuations
and is in other
respects correct.
List or copy to
be deposited
with liberty to
owner or occu-
pier of a tone- -
ment to inspect
such list or table.
Parties allowed
to appeal against
such list or table
to the Court of
Summary Juris-
diction.
rnV'ice of hxemt-
' .tine GnunNl to
.tmoas owners or
ownPiera for 1?0-
Jtee and Itahting.
ORDINANCE No.: 5 ;o1? 1863.
Police and Righting Rates.
annual value, or that any person is omitted out of such list or table, or
that the' tene-,
ment.of any person is inserted therein below its full and fair annual
value, the person
so aggrieved may within fourteen days after the publication of such list
or table appeal
to the Court of Summary Jurisdiction, provided that the person so
intending to appeal
shall give to the valuator a notice in writing of such appeal and of the
cause and matter
thereof coven clear days at the least before the holding of the Court at
which such ap-
peal is to be heard, and in case such person shall appeal on the ground
that any person
is omitted out of the said list or table, or that the tenement of any
person is inserted
therein below its full and fair annual value, the appellant shall not
only give such notice
of appeal to the valuator but shall also give a like notice of appeal to
the person so
interested in the event of such appeal as aforesaid and the person so
interested shall, if
he shall desire it, be heard upon the appeal, and the Judge upon due
proof of the
notice having been given shall hear and determine the matter of the
appeal in a sum-
mary manner, and shall make such order therein with or without costs to
either party
as the said Judge shall thinly proper, and in case the said Judge shall
think the appel-
lant untitled to relief ho shall order the said list or table to
be.amended in such manner
as may be necessary for giving him relief, and in case he shall have
appealed on the
ground that the tenement of any person is valued below its full and fair
annual valve
the Judge may order the amount at which such person is rated in the
valuation to be
altered in such manner as he shall deem just, and the proper officer of
the Court shall
in each of the cases aforesaid forthwith amend the said list or table
accordingly, but
the said list or table shall not be invalidated or altered with respect
to any other persons
named therein, and the determination of the said Court shall to final and
conclusive.
12. After the time so fixed for appeal shall have expired, it bball be
lawful for
the Governor by and with the advice of the Executive Council to assess
all owners or
occupiers of tenements as hereinafter provided according to the said list
or table or
amended list or table in the sums necessary to be levied for the purposes
of this Ordi-
nance, and the rate of assessment so fixed shall be published in the
Government
Gazette: Provided always that such assessment shall be imposed as from
the first day
of January in any one year to the first day of January in the year then
next succeeding,
and shall not in any year exceed a rate equal to the expenses of the
Police Estaloish-
ment for such year so far as relates to the Police assessment, or a rate
equal to otie-
aud-a-half per cent upon the gross amount of the valuation of the
tenements irzol.uded
in the Police assessment for the current year so far as relates to the
lighting aasess-
ment, .and such assessments shall for the purposes of this Ordinance be
respectively
called °° The Police Assessment' and ' The Lighting Assessment.'
'rates ntia assess- 13. The said rates or assessments may be imposed and
levied yearly, half-yearly,
nmnts how to be
tntl»aed and or quarterly or at such other times as the Governor with the
advice of the Executive
when to be Imr-
Council may think fit, and shall be payable in advance at the office of
the Colonial
Treasurer at such times as the Governor with the advice of the said
Council may ap-
point, and at the meeting imposing the same the Governor with the advice
aforesaid
shall appoint the days on which such rates or assessuients shall be
payable.
ORPIfTANCE No. 5 of 1863.
Police. and Liglatiray Rates.
14: The assessments hereinbefore authorized to be imposed shall be levied
upon the
occupiers of tenements, but deduction shall be allowed for any period
during which any
tenement shall not be let or occupied for three mouths or upwards, in any
year, and
owners who shall let for rent or hire tenements for less than a year
shall themselves as
well as the occupiers be responsible for the said assessment applicable
to any period
less than a year, and the same may be recovered from such owner or from
such occu-
pier as may be deemed expedient: Provided always that nothing herein
contained
shall prevent the said assessment from being charted and chargeable on
and recover.
.able from the owners of the tenements in respect of which such
assessment shall have
been made. Repealed by Ordinance No. 11 of 18fi7.]
15. Provided also that nothing herein contained shall lag taken to affect
any con-
tract made or to be made between any owner and occupier of any teueweut
in respect
of which it is or may be agreed that the occupier shall pay and discharge
all rotes,
dues, and sums of money payable in respect of such tenement or to affect
any contract
whatsoever between landlord and tenant. [Be
.pealed by Ordinance No. 11 of 1887.]
18. If any person assessed under this Ordinance or by this Ordinance
rendered
liable to the payment of any assessment stall refuse or neglect to pay
the assessment
hereinbefore authorized to be levied or guy part thereof within
twenty-one; days after
such assessment is declared payable by public notice given in that behalf
in the Gov-
ernment Gazette, it shall be lawful for the Colonial Treasurer or for
some person ap-
pointed by him for that purpose to make application to the Court of
Summary Juris-
diction upon an affidavit setting forth that the said person has failed
to pay such
assessment or some part thereof notwithstanding a printed notice of the
tinge and place
at which the same pals become payable has been delivered to, or left for
him at the`
tenement in respect of which such assessment is made, and the said Court
shall there-
upon grant a summary warrant fir the recovery of the said assessment or
the part
thereof remaining unpaid with the legal interest thereon from the time
when the
. same shall have been declared payable together with the costs in each
case incident by
law to the recovery thereof. [Repealed by Ordinance No. 11 of 18fi7.]
1'7, This Ordinance, Ordinance No. 12 of 1860, and Ordinance No. 9 of
1862, shall
be construed together and for all requisite purposes be deemed and taken
as one Or-
dinance; and the ways and means for carrying the said last mentioned two
Ordinances
into effect shall be provided as prescribed by this Ordinance.
18. Notwithstanding aythiug in this Ordinance contained it shall be
lawful for
the Governor with the advice of the Executive Council to order and direct
that the
owner or occupier of any tenement situated in any part of this Colony
other than and
-except such part thereof as is ordinarily known and recognized as the
City of Victoria
shall be assessed in respect of such tenement at a certain fixed and
specified amount,
.Such amount in no case to exceed the sum at which such owner or occupier
would have
been liable under the provisions heroinbefore contained, and in the event
of the said
:aniount.not being paid when duly demanded the same shall be recoverable
in li>;e mau-
iei3ca and`iiulii'=.
iy nw.~neuGv-
Aytreentent9 bo.
tH3or4
and tenant not to
be ntliU~tez1.
Recovery of
rated.
o rdinences to be
construed to-
to-
gether.
1'nliae rate on -
ontlying districts.
not to affect the
execution of this
Ordinance.
Schedule to lu;
part of Ordinan-
ee.
ORDINANCE No. J OF 1863.
Police and Lighting Rates.
nor as liereinbefore provided in respect of rates in arrears Provided
always that no.
such owner or occupier shall be assessed for the lighting assessment.
18. No misnomer or inaccurate description of any person, place or
tenement in any
document required for the purposes of this Ordinance, nor any mistake,
informality or
omission committed in any proceeding had hereunder shall invalidate or
prejudice such
document or proceeding or in anywise affect the execution of this
Ordinance, provided.
only that such person, place or tenement be designated in such document
or proceed-
ing to common intent and understanding, and that such mistake,
informality or omission
be not of such a nature as to prevent the requirements of this Ordinance
from being
substantially and in effect complied with.
20. The schedule to this Ordinance annexed shall be deemed and taken to
be a
part thereof, and the forms therein contained or any other forms to the
like effect may
be used in the respective cases to which they are applicable.
Interpretation 21. The word 'Tenement' in this Ordinance shall be
construed to include any
clause.
Tenement, house, cottage, shed, apartment, ground or building, or house
together with land
annexed thereto and ordinarily occupied therewith as garden or
pleasure-ground, all
outbuildings, stapes, warehouses, yards and offices belonging or
contiguous to any
house and occupied therewith by one and the same person or his servants
as one entire
concern or undivided tenancy or holding, or not so belonging contiguous
or occupied ;.
the word 'Owner' shall be construed to mean any person receiving or
claiming the
rout of any such tenement for his own use, or receiving or claiming the
same for the
use of any corporation aggregate or of any public company or of any
landlord or lessor
who shall be a minor, under coverture or insane, or for the use of any
person who shall
not be usually resident within this Colony; and the word ' Person' shall
be construed
to include any corporation or public company as well as any individual
unless there be
something in the subject or context repugnant to such construction.
Vol nwence,ent 22. This Ordinance shall come into operation on the first
day of July next.
oPUrdinunce.
Short title.
23. This Ordinance may be cited for all purposes as 'The Police and
Lighting
Rate Ordinance, 1863.'
SCHEDULE TO WHICH THIS ORDINANCE REFERS.
FORM I.
For the Assessment of tkc year 186
. -
To Owner or Occupier [as tleo case maybe]
of
In pursuance of ' The Police and Linhting Rate Ordinance, 1363 ' we
require you to furnish us with.
the particulars relating to this tenement in the manner specified in the
document hereunto annexed,.
and return the same to us at within one week from the date hereof.
Dated this day of
Valuators under 'The Police and 7,igleting
Rate Ordinance, 1863.'
came of
Street,
I1oad, or
Place.
To
ORDINANCE No. 5 or, 1863.
Police and Lighting Rates.
Fur Assessment of the year 180
Return of houses, buildings and lands, at
Colony of Hongkong of which the undersigned is owner.
Description of c.,-.:
-No. and Tenement. 4 z If let or leased. The
Description 1. Whether Dwelling Whether ocenp'ed or ° p ~ period of the
tenure.
of Land Lot with r er c ^ q d
IIonse Outhouses, ac nt. Ifthe for entered
a m , when upon, arl
Garden, &c., occupied name and calling; of o , 4 whether the Premises
Marine or therewith, or the Occupier, whether i; °p lire kept in repair by
inland. 2. Warehouse or other Owner or Lessee. ~C 9- o the Owner, or the
ic., separate- d Lessee at his own cost. n
ly occupied. o
c.wo
C
FORM zi.
I'm- the Assessnren.t of the year 136
Occul icr of
We hereby give you notice, under the provisions of section a of °° The
Police slid Lighting ligrte
Ordinance, 1863,' that it is our intention, one day after the service of
this notice, to enter upon the
above tenement for the purpose of inspecting the same so as to enable us
to fix the valuation thereof
for the year 186
Victoria, IIongl:ong, the 7Ffi
No.
licltca.turs appointed sander'The Palioe and
Lighting Rate 0,rdiaanee, ISM.'
FORM 111.
Police and Lighting Rate for the year 1SWmular Ordirtanee !1'a. of ISG3.
To
or occupier or holder of the tonernentliereunder enumerated
at
Under the provisions of section 8 of the said Ordinance the undersigned
hereby inform yon that
the tenement specified in the statement given below been valued to the
Police and Liahtiu
Rate for the said year at the gross annual rental therein separately
specified.
Police and
Lighting Pate
No.
Registrar
General's No.
Number and
Description of Land
Lot on which
situated.
STATNiMENT.
Name of
Street, Road,
or Plato.
Description of
Tenement.
Gross Annual
Rental.
Remarks.
T aluatons vLndcr 'Tlac Police and liglrtin!l
Rate Ordinance, ISG3.'
[Repealed by 0Mircance 1fo. 12 of 187v.]
549
Title.
[See Ord. No.4 of 1868.]
Preamble.
Ordinance No. 2 of 1845, Ordinance No. 3 of 1851, section 1 of Ordinance
No. 11 of 1856, and Ordinance
No. 8 of 1857, repealed, except, &c.
Persons acting under said Ordinances, to continue to discharge duties till otherwise directed.
Governor may appoint persons to carry this Ordinance into execution, and allow them such remuneration as he may deem reasonable.
Valuation to be made between the 1st day of August and 15th day of November in each year, unless Governor notify that then existing valuation is to stand wholly or in part.
Valuators may in execution of this Ordinance require occupier or owner to furnish particulars of the rent or annual value of any tenement and may enter the same.
Penalty for preventing such entry or refusing to furnish correct particulars.
Annual value how to be ascertained.
Valuator to distinguish all religious edifices, houses of a public nature or used for charitable purposes, &c., which shall be exempted from assessment.
Notice of valuation in writing to be given to occupier andof the amount thereof.
Lists of valuation when completed to be laid before Governor, at the foot of which is to be subscribed declaration that the same contains an account of all valuations and is in other respects correct.
List or copy to be deposited with liberty to owner or occupier of a tenement to inspect such list or table.
Parties allowed to appeal against such list or table to the Court of Summary Juisdiction.
Governor with advice of Executive Council to assess owners or occupiers for Police and lighting rates.
Rates and assessments how to be imposed and when to be payable.
Occupiers to pay Police and lighting assessments.
Agreements between landlord and tenant not to be affected.
Recovery of rates.
Ordinances to be construed together.
Police rate on outlying districts.
Misnomers, &c., not to affect the execution of this Ordinance.
Schedule to be part of Ordinance.
Intrepretation clause.
Tenement.
Owner.
Person.
Commencement of Ordinance.
Short title.
No. 5 of 1863.
An Ordinance for the better assessinm and collecting the Police and
Lighting Rates within the Colony of Hongkong.
(16th June, 1863.)
WHEREAS the collection of Police and lighting rates assessed upon the
occupiers ncan,t,te.
of tenements in this Colony is difficult and frequently impracticable,
and it is
expedient to make better provision for the rating of such tenements, and
for the collec-
tion of such rates: Be it therefore enacted by His Excellency the Acting
Governor by
and with the advice of the Legislative Council as follows:-
.
1. Ordinance No. L of 1845, Ordinance No. 3 of 1851, section 1 of
Ordinance No.
11 of 1856, and Ordinance No. 8 of 1857, shall be and the same hereby
tare respectively
repealed, except as to any operation already effected by, or act done
under any or either
6fsuch Ordinances, or as to-any right, title, obligation or liability
acquired or accrued
thereunder.
ORDINANCE No. .5 of 1863.
Police and Lighting Rates.
Persons acting 2. All persons heretofore appointed or acting under the
said Ordinances shall, and
under said
Ordinances, to they are hereby authorized and required, notwithstanding
the passing of this Ordi.
continue to
diaehargeanclea Dance, to continue to discharge and esecufe their several
duties and offices for the
tlll otherwise directed. purpose of carrying this Ordinance into
execution, without any further or other appoint.
ment thereto until the Governor shall otherwise direct.
Governor may
appoint persons
cprry this
Ordinance into
etecation, and
allow them such
remuneration as
he'may deem
reasonable.
Valuation to be
made between
the lot day of
August and 16th
day of November
in each year,
unless Governor
notify that then
oxisting
valuation Is to
stand wholly or
in part.
3. Upon the death, resignation or removal of such persons it shall be
lawful for
the Governor from time to time to nominate and appoint other fit and
proper persons
for the purpose of carrying this Ordinance into execution, and to allow
them for the
performance of their duties, in that behalf, such remuneration as the
Governor with
the advice of the Executive Council shall direct, and some one or more of
the persons
so appointed as aforesaid shall at such times and in such manner as
hereinafter pro-
vided make or cause to be made a valuation of the tenements in this
Colony, or such
part thereof as the Governor with the advice of the Council aforesaid may
at any time
direct and appoint.
4. Such valuation shall be made at any time between the first day of
August and
the fifteenth day of November both inclusive in each year unless the
Governor, with
the advice of the Executive Council, should deem it expedient to permit
any existing
valuation to stand and he adopted wholly or in part for the year then
next succeeding,
in which case duo notice of his intention shall between the days
aforesaid be given in
the Government Gazette; Provided always that such valuation whether
adopted wholly
or in part only shall for the purposes of appeal be considered as a new
valuation.
5. It shall be lawful for any person continued or appointed under this
Ordinance
to require the owner or occupier of any tenement to furnish him with such
particulars
as are set forth in form I in the schedule hereunto annexed, and from
time to time to
enter into and upon such tenement for the purpose of making any valuation
authorized by this Ordinance; Provided always that in every case in which
it shall be
necessary for any such person to enter any tenement, and when the owner
or occupier
thereof shall oppose or refuse to allow such entry, such person shall
give one day's
notice to the owner or occupier of such tenement requiring to be
permitted to enter the
same and at any reasonable time after the expiration of such notice it
shall be lawful to
make such entry, such person doing as little damage as may be in the
execution of the
powers hereby granted; Provided also that in ovary case in which such
owner or
occupier shall refuse or fail to furnish such particulars for the space
of one week from
the day on which he shall have been required so to do or shall knowingly
furnish false
or incorrect particulars, or shall after the expiration of the notice
aforesaid hinder
obstruct or prevent any person continued or appointed under this
Ordinance from
entering or inspecting any such tenement he shall be liable on conviction
before a
Stipendiary Magistrate to a penalty not exceeding one hundred dollars.
6. In every valuation to be made under the provisions of this Ordinance
the person
so appointed to make such -valuation as aforesaid shall cause every
tenement to be
separately valued and such valuation shall be made upon au estimate of
the grass
falastors may in
execution of this
'Ordinance
reqn1re occupier
or owner to far.
211sh particulars
of the rent or
anneal value of
-any tenement
and may enter
the-same.
Penaltyfor pre-
venting such
entry or refusing
to furnish cor-
rectpactlcnlars.
Annual value
how to be
ascertained.
ORDINANCE No. .5 of 1863.
Police anti Lighting Rates. '
annual rent at which such tenement might reasonably be expected to let
from year to
year. The value of a tenement so estimated shall not include the value of
any maehi.
new contained therein.
7. In making out the lists or tables of valuation hereinafter mentioned
the valuator
shall distinguish all religious edifices, hospitals, cemeteries and
tenements or portions
of the same of a public nature or used for charitable purposes or for the
purposes of
science, literature or fine arts as specified in an Act of the Imperial
Parliament made
and passed in the Session thereof holden in the sixth and seventh years
of the reign of
Her present Majesty, chapter thirty-six, and the value of the same shall
be deducted
from the gross amount of the valuation of the tenements comprised in such
lists or
tables, and all such edifices, hospitals, and cemeteries and all such
tenements or por-
tions of the same so distinguished and deducted shall for the purposes of
this Ordi-
nance be deemed exempt from all assessment whatever so long as they shall
continue
to be exclusively of a religious or public nature, or used exclusively
for the purposes
aforesaid.
8. At a period of not less than fourteen days preceding the time fixed
for appeal
as hereinafter provided, it shall be the duty of the persons so appointed
to make such
valuation to leave or cause to be left with the occupier of the tenement
so valued or
with some person resident therein a notice in writing of such valuation
having been
made and of the amount thereof; Provided always that non-compliance with
this
enactment by such persons shall not have the effect of invalidating the
valuation of
such tenement or of relieving the party liable from payment of the rate
or assessment
in respect thereof.
9. When and as soon as the valuation of the tenements so directed to be
made as
aforesaid shall be completed, the person so appointed to make such
valuation shall
prepare and make out a list or table of the several tenements so valued
and of their
respective valuations and shall lay the same before the Governor and
shall at the foot
of such list or table make and subscribe in the presence of the Governor
or Colonial
Secretary a declaration to the effect that the same contains a true
account of all valu-
ationd made by such person and that the said list or table is to the best
of his know-
ledge and belief correct in all other particulars.
10. The Governor shall cause to be deposited with some person such list
or table
or an examined copy thereof, and notice of the place where the same may
be inspected
shall be published in the Government Gazette, and any person in whose
custody such
list or table or copy, thereof may be shall at any reasonable time within
fourteen days
from the publication of such notice permit every owner or occupier of a
tenement
included therein to inspect the same and take any extracts therefrom
without payment
of any fee or reward in that behalf.
11. If any person shall think himself aggrieved by such list or table on
the
,around that such list or table includes any tenement for which he is not
rateable
under this Ordinance, or that it places his rateable tenement beyond its
full and fair
Valuator to dis-
tinguish all
religious editlces,
houses of a
public nature or
used for charit-
able purposes,
&e., which shall
be exempted
from assessment.
Notice of valua
tion in writing
to be given to
occupier and of
tile amount
thereof:
Lists of valuatlon
when completed
to be Laid before
Governor, at the
foot of which is
to be subscrlbed-
declaration that
the same con-
tains an account
of all valuations
and is in other
respects correct.
List or copy to
be deposited
with liberty to
owner or occu-
pier of a tone- -
ment to inspect
such list or table.
Parties allowed
to appeal against
such list or table
to the Court of
Summary Juris-
diction.
rnV'ice of hxemt-
' .tine GnunNl to
.tmoas owners or
ownPiera for 1?0-
Jtee and Itahting.
ORDINANCE No.: 5 ;o1? 1863.
Police and Righting Rates.
annual value, or that any person is omitted out of such list or table, or
that the' tene-,
ment.of any person is inserted therein below its full and fair annual
value, the person
so aggrieved may within fourteen days after the publication of such list
or table appeal
to the Court of Summary Jurisdiction, provided that the person so
intending to appeal
shall give to the valuator a notice in writing of such appeal and of the
cause and matter
thereof coven clear days at the least before the holding of the Court at
which such ap-
peal is to be heard, and in case such person shall appeal on the ground
that any person
is omitted out of the said list or table, or that the tenement of any
person is inserted
therein below its full and fair annual value, the appellant shall not
only give such notice
of appeal to the valuator but shall also give a like notice of appeal to
the person so
interested in the event of such appeal as aforesaid and the person so
interested shall, if
he shall desire it, be heard upon the appeal, and the Judge upon due
proof of the
notice having been given shall hear and determine the matter of the
appeal in a sum-
mary manner, and shall make such order therein with or without costs to
either party
as the said Judge shall thinly proper, and in case the said Judge shall
think the appel-
lant untitled to relief ho shall order the said list or table to
be.amended in such manner
as may be necessary for giving him relief, and in case he shall have
appealed on the
ground that the tenement of any person is valued below its full and fair
annual valve
the Judge may order the amount at which such person is rated in the
valuation to be
altered in such manner as he shall deem just, and the proper officer of
the Court shall
in each of the cases aforesaid forthwith amend the said list or table
accordingly, but
the said list or table shall not be invalidated or altered with respect
to any other persons
named therein, and the determination of the said Court shall to final and
conclusive.
12. After the time so fixed for appeal shall have expired, it bball be
lawful for
the Governor by and with the advice of the Executive Council to assess
all owners or
occupiers of tenements as hereinafter provided according to the said list
or table or
amended list or table in the sums necessary to be levied for the purposes
of this Ordi-
nance, and the rate of assessment so fixed shall be published in the
Government
Gazette: Provided always that such assessment shall be imposed as from
the first day
of January in any one year to the first day of January in the year then
next succeeding,
and shall not in any year exceed a rate equal to the expenses of the
Police Estaloish-
ment for such year so far as relates to the Police assessment, or a rate
equal to otie-
aud-a-half per cent upon the gross amount of the valuation of the
tenements irzol.uded
in the Police assessment for the current year so far as relates to the
lighting aasess-
ment, .and such assessments shall for the purposes of this Ordinance be
respectively
called °° The Police Assessment' and ' The Lighting Assessment.'
'rates ntia assess- 13. The said rates or assessments may be imposed and
levied yearly, half-yearly,
nmnts how to be
tntl»aed and or quarterly or at such other times as the Governor with the
advice of the Executive
when to be Imr-
Council may think fit, and shall be payable in advance at the office of
the Colonial
Treasurer at such times as the Governor with the advice of the said
Council may ap-
point, and at the meeting imposing the same the Governor with the advice
aforesaid
shall appoint the days on which such rates or assessuients shall be
payable.
ORPIfTANCE No. 5 of 1863.
Police. and Liglatiray Rates.
14: The assessments hereinbefore authorized to be imposed shall be levied
upon the
occupiers of tenements, but deduction shall be allowed for any period
during which any
tenement shall not be let or occupied for three mouths or upwards, in any
year, and
owners who shall let for rent or hire tenements for less than a year
shall themselves as
well as the occupiers be responsible for the said assessment applicable
to any period
less than a year, and the same may be recovered from such owner or from
such occu-
pier as may be deemed expedient: Provided always that nothing herein
contained
shall prevent the said assessment from being charted and chargeable on
and recover.
.able from the owners of the tenements in respect of which such
assessment shall have
been made. Repealed by Ordinance No. 11 of 18fi7.]
15. Provided also that nothing herein contained shall lag taken to affect
any con-
tract made or to be made between any owner and occupier of any teueweut
in respect
of which it is or may be agreed that the occupier shall pay and discharge
all rotes,
dues, and sums of money payable in respect of such tenement or to affect
any contract
whatsoever between landlord and tenant. [Be
.pealed by Ordinance No. 11 of 1887.]
18. If any person assessed under this Ordinance or by this Ordinance
rendered
liable to the payment of any assessment stall refuse or neglect to pay
the assessment
hereinbefore authorized to be levied or guy part thereof within
twenty-one; days after
such assessment is declared payable by public notice given in that behalf
in the Gov-
ernment Gazette, it shall be lawful for the Colonial Treasurer or for
some person ap-
pointed by him for that purpose to make application to the Court of
Summary Juris-
diction upon an affidavit setting forth that the said person has failed
to pay such
assessment or some part thereof notwithstanding a printed notice of the
tinge and place
at which the same pals become payable has been delivered to, or left for
him at the`
tenement in respect of which such assessment is made, and the said Court
shall there-
upon grant a summary warrant fir the recovery of the said assessment or
the part
thereof remaining unpaid with the legal interest thereon from the time
when the
. same shall have been declared payable together with the costs in each
case incident by
law to the recovery thereof. [Repealed by Ordinance No. 11 of 18fi7.]
1'7, This Ordinance, Ordinance No. 12 of 1860, and Ordinance No. 9 of
1862, shall
be construed together and for all requisite purposes be deemed and taken
as one Or-
dinance; and the ways and means for carrying the said last mentioned two
Ordinances
into effect shall be provided as prescribed by this Ordinance.
18. Notwithstanding aythiug in this Ordinance contained it shall be
lawful for
the Governor with the advice of the Executive Council to order and direct
that the
owner or occupier of any tenement situated in any part of this Colony
other than and
-except such part thereof as is ordinarily known and recognized as the
City of Victoria
shall be assessed in respect of such tenement at a certain fixed and
specified amount,
.Such amount in no case to exceed the sum at which such owner or occupier
would have
been liable under the provisions heroinbefore contained, and in the event
of the said
:aniount.not being paid when duly demanded the same shall be recoverable
in li>;e mau-
iei3ca and`iiulii'=.
iy nw.~neuGv-
Aytreentent9 bo.
tH3or4
and tenant not to
be ntliU~tez1.
Recovery of
rated.
o rdinences to be
construed to-
to-
gether.
1'nliae rate on -
ontlying districts.
not to affect the
execution of this
Ordinance.
Schedule to lu;
part of Ordinan-
ee.
ORDINANCE No. J OF 1863.
Police and Lighting Rates.
nor as liereinbefore provided in respect of rates in arrears Provided
always that no.
such owner or occupier shall be assessed for the lighting assessment.
18. No misnomer or inaccurate description of any person, place or
tenement in any
document required for the purposes of this Ordinance, nor any mistake,
informality or
omission committed in any proceeding had hereunder shall invalidate or
prejudice such
document or proceeding or in anywise affect the execution of this
Ordinance, provided.
only that such person, place or tenement be designated in such document
or proceed-
ing to common intent and understanding, and that such mistake,
informality or omission
be not of such a nature as to prevent the requirements of this Ordinance
from being
substantially and in effect complied with.
20. The schedule to this Ordinance annexed shall be deemed and taken to
be a
part thereof, and the forms therein contained or any other forms to the
like effect may
be used in the respective cases to which they are applicable.
Interpretation 21. The word 'Tenement' in this Ordinance shall be
construed to include any
clause.
Tenement, house, cottage, shed, apartment, ground or building, or house
together with land
annexed thereto and ordinarily occupied therewith as garden or
pleasure-ground, all
outbuildings, stapes, warehouses, yards and offices belonging or
contiguous to any
house and occupied therewith by one and the same person or his servants
as one entire
concern or undivided tenancy or holding, or not so belonging contiguous
or occupied ;.
the word 'Owner' shall be construed to mean any person receiving or
claiming the
rout of any such tenement for his own use, or receiving or claiming the
same for the
use of any corporation aggregate or of any public company or of any
landlord or lessor
who shall be a minor, under coverture or insane, or for the use of any
person who shall
not be usually resident within this Colony; and the word ' Person' shall
be construed
to include any corporation or public company as well as any individual
unless there be
something in the subject or context repugnant to such construction.
Vol nwence,ent 22. This Ordinance shall come into operation on the first
day of July next.
oPUrdinunce.
Short title.
23. This Ordinance may be cited for all purposes as 'The Police and
Lighting
Rate Ordinance, 1863.'
SCHEDULE TO WHICH THIS ORDINANCE REFERS.
FORM I.
For the Assessment of tkc year 186
. -
To Owner or Occupier [as tleo case maybe]
of
In pursuance of ' The Police and Linhting Rate Ordinance, 1363 ' we
require you to furnish us with.
the particulars relating to this tenement in the manner specified in the
document hereunto annexed,.
and return the same to us at within one week from the date hereof.
Dated this day of
Valuators under 'The Police and 7,igleting
Rate Ordinance, 1863.'
came of
Street,
I1oad, or
Place.
To
ORDINANCE No. 5 or, 1863.
Police and Lighting Rates.
Fur Assessment of the year 180
Return of houses, buildings and lands, at
Colony of Hongkong of which the undersigned is owner.
Description of c.,-.:
-No. and Tenement. 4 z If let or leased. The
Description 1. Whether Dwelling Whether ocenp'ed or ° p ~ period of the
tenure.
of Land Lot with r er c ^ q d
IIonse Outhouses, ac nt. Ifthe for entered
a m , when upon, arl
Garden, &c., occupied name and calling; of o , 4 whether the Premises
Marine or therewith, or the Occupier, whether i; °p lire kept in repair by
inland. 2. Warehouse or other Owner or Lessee. ~C 9- o the Owner, or the
ic., separate- d Lessee at his own cost. n
ly occupied. o
c.wo
C
FORM zi.
I'm- the Assessnren.t of the year 136
Occul icr of
We hereby give you notice, under the provisions of section a of °° The
Police slid Lighting ligrte
Ordinance, 1863,' that it is our intention, one day after the service of
this notice, to enter upon the
above tenement for the purpose of inspecting the same so as to enable us
to fix the valuation thereof
for the year 186
Victoria, IIongl:ong, the 7Ffi
No.
licltca.turs appointed sander'The Palioe and
Lighting Rate 0,rdiaanee, ISM.'
FORM 111.
Police and Lighting Rate for the year 1SWmular Ordirtanee !1'a. of ISG3.
To
or occupier or holder of the tonernentliereunder enumerated
at
Under the provisions of section 8 of the said Ordinance the undersigned
hereby inform yon that
the tenement specified in the statement given below been valued to the
Police and Liahtiu
Rate for the said year at the gross annual rental therein separately
specified.
Police and
Lighting Pate
No.
Registrar
General's No.
Number and
Description of Land
Lot on which
situated.
STATNiMENT.
Name of
Street, Road,
or Plato.
Description of
Tenement.
Gross Annual
Rental.
Remarks.
T aluatons vLndcr 'Tlac Police and liglrtin!l
Rate Ordinance, ISG3.'
[Repealed by 0Mircance 1fo. 12 of 187v.]
549
Title.
[See Ord. No.4 of 1868.]
Preamble.
Ordinance No. 2 of 1845, Ordinance No. 3 of 1851, section 1 of Ordinance
No. 11 of 1856, and Ordinance
No. 8 of 1857, repealed, except, &c.
Persons acting under said Ordinances, to continue to discharge duties till otherwise directed.
Governor may appoint persons to carry this Ordinance into execution, and allow them such remuneration as he may deem reasonable.
Valuation to be made between the 1st day of August and 15th day of November in each year, unless Governor notify that then existing valuation is to stand wholly or in part.
Valuators may in execution of this Ordinance require occupier or owner to furnish particulars of the rent or annual value of any tenement and may enter the same.
Penalty for preventing such entry or refusing to furnish correct particulars.
Annual value how to be ascertained.
Valuator to distinguish all religious edifices, houses of a public nature or used for charitable purposes, &c., which shall be exempted from assessment.
Notice of valuation in writing to be given to occupier andof the amount thereof.
Lists of valuation when completed to be laid before Governor, at the foot of which is to be subscribed declaration that the same contains an account of all valuations and is in other respects correct.
List or copy to be deposited with liberty to owner or occupier of a tenement to inspect such list or table.
Parties allowed to appeal against such list or table to the Court of Summary Juisdiction.
Governor with advice of Executive Council to assess owners or occupiers for Police and lighting rates.
Rates and assessments how to be imposed and when to be payable.
Occupiers to pay Police and lighting assessments.
Agreements between landlord and tenant not to be affected.
Recovery of rates.
Ordinances to be construed together.
Police rate on outlying districts.
Misnomers, &c., not to affect the execution of this Ordinance.
Schedule to be part of Ordinance.
Intrepretation clause.
Tenement.
Owner.
Person.
Commencement of Ordinance.
Short title.
Abstract
549
Title.
[See Ord. No.4 of 1868.]
Preamble.
Ordinance No. 2 of 1845, Ordinance No. 3 of 1851, section 1 of Ordinance
No. 11 of 1856, and Ordinance
No. 8 of 1857, repealed, except, &c.
Persons acting under said Ordinances, to continue to discharge duties till otherwise directed.
Governor may appoint persons to carry this Ordinance into execution, and allow them such remuneration as he may deem reasonable.
Valuation to be made between the 1st day of August and 15th day of November in each year, unless Governor notify that then existing valuation is to stand wholly or in part.
Valuators may in execution of this Ordinance require occupier or owner to furnish particulars of the rent or annual value of any tenement and may enter the same.
Penalty for preventing such entry or refusing to furnish correct particulars.
Annual value how to be ascertained.
Valuator to distinguish all religious edifices, houses of a public nature or used for charitable purposes, &c., which shall be exempted from assessment.
Notice of valuation in writing to be given to occupier andof the amount thereof.
Lists of valuation when completed to be laid before Governor, at the foot of which is to be subscribed declaration that the same contains an account of all valuations and is in other respects correct.
List or copy to be deposited with liberty to owner or occupier of a tenement to inspect such list or table.
Parties allowed to appeal against such list or table to the Court of Summary Juisdiction.
Governor with advice of Executive Council to assess owners or occupiers for Police and lighting rates.
Rates and assessments how to be imposed and when to be payable.
Occupiers to pay Police and lighting assessments.
Agreements between landlord and tenant not to be affected.
Recovery of rates.
Ordinances to be construed together.
Police rate on outlying districts.
Misnomers, &c., not to affect the execution of this Ordinance.
Schedule to be part of Ordinance.
Intrepretation clause.
Tenement.
Owner.
Person.
Commencement of Ordinance.
Short title.
Title.
[See Ord. No.4 of 1868.]
Preamble.
Ordinance No. 2 of 1845, Ordinance No. 3 of 1851, section 1 of Ordinance
No. 11 of 1856, and Ordinance
No. 8 of 1857, repealed, except, &c.
Persons acting under said Ordinances, to continue to discharge duties till otherwise directed.
Governor may appoint persons to carry this Ordinance into execution, and allow them such remuneration as he may deem reasonable.
Valuation to be made between the 1st day of August and 15th day of November in each year, unless Governor notify that then existing valuation is to stand wholly or in part.
Valuators may in execution of this Ordinance require occupier or owner to furnish particulars of the rent or annual value of any tenement and may enter the same.
Penalty for preventing such entry or refusing to furnish correct particulars.
Annual value how to be ascertained.
Valuator to distinguish all religious edifices, houses of a public nature or used for charitable purposes, &c., which shall be exempted from assessment.
Notice of valuation in writing to be given to occupier andof the amount thereof.
Lists of valuation when completed to be laid before Governor, at the foot of which is to be subscribed declaration that the same contains an account of all valuations and is in other respects correct.
List or copy to be deposited with liberty to owner or occupier of a tenement to inspect such list or table.
Parties allowed to appeal against such list or table to the Court of Summary Juisdiction.
Governor with advice of Executive Council to assess owners or occupiers for Police and lighting rates.
Rates and assessments how to be imposed and when to be payable.
Occupiers to pay Police and lighting assessments.
Agreements between landlord and tenant not to be affected.
Recovery of rates.
Ordinances to be construed together.
Police rate on outlying districts.
Misnomers, &c., not to affect the execution of this Ordinance.
Schedule to be part of Ordinance.
Intrepretation clause.
Tenement.
Owner.
Person.
Commencement of Ordinance.
Short title.
Identifier
https://oelawhk.lib.hku.hk/items/show/184
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 5 of 1863
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“POLICE AND LIGHTING RATES ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 4, 2025, https://oelawhk.lib.hku.hk/items/show/184.
