POLICE AND LIGHTING RATE AMENDMENT ORDINANCE, 1867
Title
POLICE AND LIGHTING RATE AMENDMENT ORDINANCE, 1867
Description
Police and Lighting Rate.
No. 11 of 1867.
An Ordinance to amend 'The Police and Eibhting Rate Ordinance, 1863.'
[23rd July, 1867.]
WHEREAS it is expedient to amend R' The Police and Lighting Rate
Ordinance, r>rr1,:,,;x.
1863 ' and to make better provision fair the collection of the rates, the
reco-
very of arrears thereof,, and other incidental matters: Be it therefore
enacted by the
Governor of Hongkong: with the advice of the Legislative Counci thereof,
as follows:-
1. Thia Qrdirianee.may be cited as I'M a Police and Lighting Rate
Amendment snoft ,.;tae.
Ordinance, 1867.'
A <, >.,. sections 14, 16
and 18 oPl' 171a
1>olice'and l.it;ht-
in9 Rate Ordi-
nance, 1883,'
repealed.
Owners and
occupiers to be
liable to Grown
but occupiers
liable in absence
of agreement to
owners.
How ratc3 to be
l'afllilded.
ORDINANCE No. 11 or 1867.
Police and Lighting Rate.
2. Sections 14, 15 and 16 of 'The Police and Lighting Rate Ordinance,
1863 ' shall
be and the same hereby are repealed.
3. From and after the commencement of this Ordinance the police, lighting
and
water rates though separately assessed shall be levied as one tax, for
the payment of
which, the owners and occupiers of tenements stall be liable to the Crown
but the
same shall be deemed an occupier's tax, and, as between the owner and
occupier of a
tenement shall in the absence of any agreement to the contrary be borne
by the
occupier, and the amount thereof if paid by the owner may be recovered by
him from
the occupier in au action for money paid to his use or, in case he shall
still be in
occupation of the tenement, by distress in like manner as for rent at
Common Law.
1krava,.s. of 4. If any person assessed under 'The Police and Lighting
Rate Ordinance, 1863,'
rates.
or rendered liable by ,the said Ordinance to the payment of any
assessment, shall
neglect to pay the sumo or any part thereof, within tile period appointed
by the Gov.
ernor in Council and declared payable by public notice given on that
behalf in the!
Gazette, the Colonial Treasurer may sue for and recover the same in the
Court o£
Summary Jurisdiction together with interest at the rate of 12 per centum
per annum
payable from the expiration of fifteen days from the first day of the
quarter for which
such assessment shall be due; Provided always that no such assessment
shall be
recovered from any person unless it shall be made to appear by affidavit,
or otherwise-
to the satisfaction of the Court that at least four days before the entry
of the plaint, an
application was made at the dwelling-house o£ such person for the amount
of the said
assessment, and that a notice in the form in the schedule A hereunto
annexed, was
loft for him at such dwelling-house. [Repealed by Ordinance No. 9 of
1869.]
5. A proportionate sum shall be refunded from the amount of rates paid in
advance
for any quarter or other period in respect of every entire month of such
quarter or
other period during which any tenement for which such rates shall have
been paid,
shall be proved to the satisfaction of the Court of Summary Jurisdiction,
to have been
uninhabited: Provided always:-
(L) That the person claiming such sum to be refunded or some person on his
behalf shall within 10 days [ext.nded to 15 days by Ordinance No. 14 of
1873 and see Ordinance No. 1 of 1873 section 38] after the expiration
of such quarter or other period file in the said Court, a petition in the
form in the schedule 13 hereunto annexed, verified by affidavit of the
facts therein stated, and shall also within such time as aforesaid give
notice in writing to the Colonial Treasurer of the filing of such petition
[Further amended by Ordinance No. 14 of 1873.E
(2.) That the Judge of the said Court shall cause to be endorsed upon such
petition and shall sign a certificate in the form in schedule C hereunto
annexed.
ORDINANCE No.-11 of 1867:.
Police and Lighting Rate.
g. The Judge of the Court may adjudicate upon any such petition,
notwithstand-
ing that the sum claimed therein may exceed $500, and for the purpose of
such
adjudication may receive any evidence which he shall think fit.
7. Upon production of a copy of such certificate under the seal of the
said Court,
it shall be lawful for the Colonial Treasurer to refund the amount
specified therein to
the petitioner who shall deliver such copy to him with a receipt for the
said amount
endorsed thereon.
8. In all cases where from any cause whatever any person claiming any
refund of Governor may
order rates to be
rates shall. not have received the same it shall be lawful for the
Governor if he shall refunded.
think fit to order the whole or any part of the sum claimed to be
refunded by the
Colonial Treasurer.
9. In all matters under this Ordinance the Colonial Treasurer shall sue as
Colonial Treasurer but may be represented in the Court of Summary
Jurisdiction by
any person whom he shall appoint in that behalf. [Repealed by Ordinance
No. 9 of
1867.]
10. This Ordinance, Ordinance No. 12 of 1860, Ordinance No. 9 of 1862 and
so
much of the °1 Police and Lighting Rate Ordinance, 1863' as is not
repealed hereby
shall be construed together and for all requisite purposes be deemed and
taken as one
Ordinance.
11. This Ordinance shall commence and take effect on such day as shall
hereafter commeneemans.
be fixed by proclamation under the hand of the Governor.
975-
Court may
entertain
above $BUO.
On certiRcate of
Court Colonial
Treasurer to
refund.
By Whom
Treasurer may
appear.
Ordinances to
he construed
together,
SCHEDULES.
To A. B.
Take notice that I have this day called upon you to demand payment of the
rates as under (specvy
iny the amounts and the times whet the same became payable.]
If you fail to pay the above amount together with the interest thereon at
12 per cent from the time
when the same became payable, application will on the day of e
instant [or as the case may be, but the day must be fixed] at 10 o'clock
in the~forenoon be made- to the
Court of Summary Jurisdiction for a warrant against you for the recovery
thereof.
Dated this day of
IN THE COURT Or SUMMARY JURISDICTION.
The day of 18
Collector of .Rates:
In the matter of A. B. and 'The Police and Lighting Rates Amendment
Ordinance, 1867.'
The humble petition of A. B.
Sheweth
And your petitioners will, &c.
[State briefly the grbwnda on mTciele a refund d is clcrimied.]
of Ordhtance.--
No. 11 of 1867.
Police and Lighting Rate..
I, A. B, make oath and say [or declare as tile ease may be] that the
matters above, contained are
true in substance and in fact.
Sworn [or declared] before me.
(Cr.)
1N THE COURT OF SUM31ARY JURISDICTION.
The say of is .
In the matter of A. B. and 'The Police and Lighting Rates Amendment
Ordinance, 1867.'
I hereby certify that A. B, has proved to my satisfaction that he is
entitled to a refund of the rates
paid by him amounting to $
.
C. D.,
Judge of flee Court of Summary Jurisdiction.
CIn force from 1st January, 1808, under proclamation dated 20th November,
1807;
repealed by Ordinance 11'0.12 of 18%5.]
973
Title.
[See Ord. No. 4 of 1868.]
Preamble.
Short title.
974
Sections 14, 15 and 16 of 'The Police and Lighting Rate Ordinance, 1863,' repealed.
Owners and occupiers to be liable to Crown but occupiers liable in absence of agreement to owners.
Recovery of rates.
How rates to be refunded.
975
Court may entertain petition above $500.
On certificate of Court Colonial Treasurer ot refund.
Governor may order rates to be refunded.
By whom Treasurer may appear.
Ordinances to be construed together.
Commencement of Ordinance.
976
No. 11 of 1867.
An Ordinance to amend 'The Police and Eibhting Rate Ordinance, 1863.'
[23rd July, 1867.]
WHEREAS it is expedient to amend R' The Police and Lighting Rate
Ordinance, r>rr1,:,,;x.
1863 ' and to make better provision fair the collection of the rates, the
reco-
very of arrears thereof,, and other incidental matters: Be it therefore
enacted by the
Governor of Hongkong: with the advice of the Legislative Counci thereof,
as follows:-
1. Thia Qrdirianee.may be cited as I'M a Police and Lighting Rate
Amendment snoft ,.;tae.
Ordinance, 1867.'
A <, >.,. sections 14, 16
and 18 oPl' 171a
1>olice'and l.it;ht-
in9 Rate Ordi-
nance, 1883,'
repealed.
Owners and
occupiers to be
liable to Grown
but occupiers
liable in absence
of agreement to
owners.
How ratc3 to be
l'afllilded.
ORDINANCE No. 11 or 1867.
Police and Lighting Rate.
2. Sections 14, 15 and 16 of 'The Police and Lighting Rate Ordinance,
1863 ' shall
be and the same hereby are repealed.
3. From and after the commencement of this Ordinance the police, lighting
and
water rates though separately assessed shall be levied as one tax, for
the payment of
which, the owners and occupiers of tenements stall be liable to the Crown
but the
same shall be deemed an occupier's tax, and, as between the owner and
occupier of a
tenement shall in the absence of any agreement to the contrary be borne
by the
occupier, and the amount thereof if paid by the owner may be recovered by
him from
the occupier in au action for money paid to his use or, in case he shall
still be in
occupation of the tenement, by distress in like manner as for rent at
Common Law.
1krava,.s. of 4. If any person assessed under 'The Police and Lighting
Rate Ordinance, 1863,'
rates.
or rendered liable by ,the said Ordinance to the payment of any
assessment, shall
neglect to pay the sumo or any part thereof, within tile period appointed
by the Gov.
ernor in Council and declared payable by public notice given on that
behalf in the!
Gazette, the Colonial Treasurer may sue for and recover the same in the
Court o£
Summary Jurisdiction together with interest at the rate of 12 per centum
per annum
payable from the expiration of fifteen days from the first day of the
quarter for which
such assessment shall be due; Provided always that no such assessment
shall be
recovered from any person unless it shall be made to appear by affidavit,
or otherwise-
to the satisfaction of the Court that at least four days before the entry
of the plaint, an
application was made at the dwelling-house o£ such person for the amount
of the said
assessment, and that a notice in the form in the schedule A hereunto
annexed, was
loft for him at such dwelling-house. [Repealed by Ordinance No. 9 of
1869.]
5. A proportionate sum shall be refunded from the amount of rates paid in
advance
for any quarter or other period in respect of every entire month of such
quarter or
other period during which any tenement for which such rates shall have
been paid,
shall be proved to the satisfaction of the Court of Summary Jurisdiction,
to have been
uninhabited: Provided always:-
(L) That the person claiming such sum to be refunded or some person on his
behalf shall within 10 days [ext.nded to 15 days by Ordinance No. 14 of
1873 and see Ordinance No. 1 of 1873 section 38] after the expiration
of such quarter or other period file in the said Court, a petition in the
form in the schedule 13 hereunto annexed, verified by affidavit of the
facts therein stated, and shall also within such time as aforesaid give
notice in writing to the Colonial Treasurer of the filing of such petition
[Further amended by Ordinance No. 14 of 1873.E
(2.) That the Judge of the said Court shall cause to be endorsed upon such
petition and shall sign a certificate in the form in schedule C hereunto
annexed.
ORDINANCE No.-11 of 1867:.
Police and Lighting Rate.
g. The Judge of the Court may adjudicate upon any such petition,
notwithstand-
ing that the sum claimed therein may exceed $500, and for the purpose of
such
adjudication may receive any evidence which he shall think fit.
7. Upon production of a copy of such certificate under the seal of the
said Court,
it shall be lawful for the Colonial Treasurer to refund the amount
specified therein to
the petitioner who shall deliver such copy to him with a receipt for the
said amount
endorsed thereon.
8. In all cases where from any cause whatever any person claiming any
refund of Governor may
order rates to be
rates shall. not have received the same it shall be lawful for the
Governor if he shall refunded.
think fit to order the whole or any part of the sum claimed to be
refunded by the
Colonial Treasurer.
9. In all matters under this Ordinance the Colonial Treasurer shall sue as
Colonial Treasurer but may be represented in the Court of Summary
Jurisdiction by
any person whom he shall appoint in that behalf. [Repealed by Ordinance
No. 9 of
1867.]
10. This Ordinance, Ordinance No. 12 of 1860, Ordinance No. 9 of 1862 and
so
much of the °1 Police and Lighting Rate Ordinance, 1863' as is not
repealed hereby
shall be construed together and for all requisite purposes be deemed and
taken as one
Ordinance.
11. This Ordinance shall commence and take effect on such day as shall
hereafter commeneemans.
be fixed by proclamation under the hand of the Governor.
975-
Court may
entertain
above $BUO.
On certiRcate of
Court Colonial
Treasurer to
refund.
By Whom
Treasurer may
appear.
Ordinances to
he construed
together,
SCHEDULES.
To A. B.
Take notice that I have this day called upon you to demand payment of the
rates as under (specvy
iny the amounts and the times whet the same became payable.]
If you fail to pay the above amount together with the interest thereon at
12 per cent from the time
when the same became payable, application will on the day of e
instant [or as the case may be, but the day must be fixed] at 10 o'clock
in the~forenoon be made- to the
Court of Summary Jurisdiction for a warrant against you for the recovery
thereof.
Dated this day of
IN THE COURT Or SUMMARY JURISDICTION.
The day of 18
Collector of .Rates:
In the matter of A. B. and 'The Police and Lighting Rates Amendment
Ordinance, 1867.'
The humble petition of A. B.
Sheweth
And your petitioners will, &c.
[State briefly the grbwnda on mTciele a refund d is clcrimied.]
of Ordhtance.--
No. 11 of 1867.
Police and Lighting Rate..
I, A. B, make oath and say [or declare as tile ease may be] that the
matters above, contained are
true in substance and in fact.
Sworn [or declared] before me.
(Cr.)
1N THE COURT OF SUM31ARY JURISDICTION.
The say of is .
In the matter of A. B. and 'The Police and Lighting Rates Amendment
Ordinance, 1867.'
I hereby certify that A. B, has proved to my satisfaction that he is
entitled to a refund of the rates
paid by him amounting to $
.
C. D.,
Judge of flee Court of Summary Jurisdiction.
CIn force from 1st January, 1808, under proclamation dated 20th November,
1807;
repealed by Ordinance 11'0.12 of 18%5.]
973
Title.
[See Ord. No. 4 of 1868.]
Preamble.
Short title.
974
Sections 14, 15 and 16 of 'The Police and Lighting Rate Ordinance, 1863,' repealed.
Owners and occupiers to be liable to Crown but occupiers liable in absence of agreement to owners.
Recovery of rates.
How rates to be refunded.
975
Court may entertain petition above $500.
On certificate of Court Colonial Treasurer ot refund.
Governor may order rates to be refunded.
By whom Treasurer may appear.
Ordinances to be construed together.
Commencement of Ordinance.
976
Abstract
973
Title.
[See Ord. No. 4 of 1868.]
Preamble.
Short title.
974
Sections 14, 15 and 16 of 'The Police and Lighting Rate Ordinance, 1863,' repealed.
Owners and occupiers to be liable to Crown but occupiers liable in absence of agreement to owners.
Recovery of rates.
How rates to be refunded.
975
Court may entertain petition above $500.
On certificate of Court Colonial Treasurer ot refund.
Governor may order rates to be refunded.
By whom Treasurer may appear.
Ordinances to be construed together.
Commencement of Ordinance.
976
Title.
[See Ord. No. 4 of 1868.]
Preamble.
Short title.
974
Sections 14, 15 and 16 of 'The Police and Lighting Rate Ordinance, 1863,' repealed.
Owners and occupiers to be liable to Crown but occupiers liable in absence of agreement to owners.
Recovery of rates.
How rates to be refunded.
975
Court may entertain petition above $500.
On certificate of Court Colonial Treasurer ot refund.
Governor may order rates to be refunded.
By whom Treasurer may appear.
Ordinances to be construed together.
Commencement of Ordinance.
976
Identifier
https://oelawhk.lib.hku.hk/items/show/238
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 11of 1867
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“POLICE AND LIGHTING RATE AMENDMENT ORDINANCE, 1867,” Historical Laws of Hong Kong Online, accessed May 4, 2025, https://oelawhk.lib.hku.hk/items/show/238.
