HONGKONG PIER AND GODOWN COMPANY ORDINANCE
Title
HONGKONG PIER AND GODOWN COMPANY ORDINANCE
Description
Hongkong Pier and Godown Company.
No. 11 of 1871.
An Ordinance to authorize 'The Hongkong and Godown Company,
Limited,' to construct a Pier in the Harbor of Victoria, and to confer
upon the said Company certain other Power and Privileges.
[16th November, 1871.]
'WHEREAS, under the -provisions of. the ' Companies Ordinance, 1865,' a
public
company has been formed and rei;i.stered;in the.-name of ahe.'Hongh011g
Pier;
wad Godowu Company; Limited;' for the purpose of constructing, with the
consent,
of: the: Crown, a, public.- bier in -tlre harbor- of Victoria, and fox
other purposes; in
relation to -,the-loading, discharging, and storing of cargo; Aid whereas
the, said,
cqmpauy haveapylied to the, Government of the Colony to confer upon them
the-~e~e~:.4-
sary.ppwars,for carrving,oute,the-objects thereof, by means of a public
Ordinance, andyt;-
is expedient :that such. an Otdinane
,e should, be granted to the said company under
aid,. object to tbe-conditions, restrictions and provisions hereinafter
coutaiyed:' Be,
it therefore enacted -by, the Governor of Tiongkong, with the adviceAf
the Legislative-
Council thereof, as follows:-
ORDINANCE No. 11 of 1871.
Hongkong Pier and Godown Company.
1. In the interpretation of this Ordinance, the expression 'the Company'
shall
TO~
tnteTetation
~iamse: -
Power to erect a
'wharf and pier.
plans and -
specifications of
pier.'
Alterations in
wharf and pier.
Power to con.
atract tramways.
mean the 'Hongkong Pier and Godown Company, Limited.'
2. It shall be lawful for the company to construct and maintain for the
exclusive,
use and objects of the company, a wharf between high and low water mark
and a pier,
extending into the harbor of Victoria, at and from the portion of the
public Prays which
lies directly opposite to the pieces or parcels of ground registered in
the Land Office
of the Colony as marine lots nun. bered 2$, 29x,30, and 30x,
respectively.
3. The said wharf and pier shall be constructed in accordance with plans
and
apecificltions to be approved by the Governor in Council.
4. The company may, from time to time, make any alterations in and
additions
to the said wharf and pier, provided the same be in accordance with a
plan and
specification to be approved by the Governor in Council.
5. It shall be lawful for the company, from time to time, to lay down,
maintain
and renew sunken tramways from the foot of the pier and wharf across the
public
Prays connecting the pier anti wharf with the premises of the company,
situated on:
the marine lots aforesaid or adjoining the same: Provided always that all
such
tramways shall be laid in accordance with a specification to be approved
by the.
Governor in Council.
g. The company. shall canes to be affixed on the acid pier and wharf and
to be
exhibited from sunset to sunrise, such lights as the Harbor Master may
from time to
time direct. ,
7, The Company shall take such measures as may be necessary to prevent
silting
or the accumulation of mud, sand, or other matter around the pier or
wharf, and shall
conform to such regulations as the Governor in Council may deem it
expedient to
make for the, purpose of preventing obstruction to the traffic of the
Prays.
gV In event of the company making def a.ult in complying with the
provisions in
the last preceding section relating to the prevention of silting or the
accumulation of
mud, sand, or either utatter ground the pier or wharf, the Governor in
Council, if
satisfied after due enquiry made by him that the company has beep guilty
of the
alleged default, shall make an order to be served on its secretary
limiting a time for
the performance of its duty in that behalf,'atld if such duty is Pnot
performed by the
time limited. by the order, the Governor in' Council shall appoint soma
person- to
perform the same and shall by order direct that the expenses of
performing the same
together with a reasonable remuneration to the person appointed for
superintending
such performance and ayounting to a sum specified in the order together
with- the
costs of proceedings (if any) shall be paid by the company, and any
girder made for'
the payment of such expenses and costs may be removed into the Supreme
Court, .and
may be enforced in the same manner as if the same were an order of such
Court.
9. All vessels belonging to or engaged in the service of Her Majesty's
Govern--
shall have yriority of use of the pier or wharf at the ordinary current
rates,
~tvithout prejudice to the rights of other vessels actually using the
wharf, and all, other
company to
prevent silting
&e., and obatrao-
tton of Prays.
`-Diode of pro:
'' eaeding where
compady-has
hiada default in.
taking measures,
to prevent,-
silting, &c.
Priority of u5b of
wharf to certain
vessel®..
ORDINANCE No. 11 of 1871.
Hongkong Pier and Godown Company.
vessels shall have the ri'bt of using the pier or wharf at the current
rates in order of
priority of application, subject nevertheless to any bye-laws which may
be made
under the provision neat hereinafter contained, to provide for cases of
urgency.
10. It shall be lawful for the company from time to time to make such
bye-laws company to -
as may be necessary for the general management of the business of the
company: ranks bye-laws.
Provided always that no such bye-laws as aforesaid, nor any repeal or
variation
thereof, shall come into force until the same shall have been approved by
the Governor
in Council, and shall have been published in the Gazette.
11. Every person who shall commit a breach of any bye-law made in
.pursuancePenalty for
of this Ordinance, shall on summary conviction thereof before a
Magistrate be liable la wteoftiye-
to a fine not exceeding fifty dollars.
12. In all proceedings before any Court, the bye-laws of the company in
force Proofofbye-
laws.
for the time being under this Ordinance, shall be sufficiently proved by
the production
of a copy of the Gazette in which the same shall be published and
contained.
13. If the company shall fail to make or vary such bye-laws as in the
opinion
of the Goverpor in Council are requisite for the protection of the rights
of the
inhabitants of this Colony, and for the prevention of injury to
navigation, the Governor
in Council shall make an order to be served upon the secretary of the
company,
limiting a time for the making of such bye-laws by the company, and if
such, bye.
'laws are not made by the time prescribed in such order, the Governor in
Council may
make or vary such bye-laws, which bye-laws when made or varied -and
published in
the Gazette, shall have the same force and effect as if they, were
specially enaetetl:_
herein. ' .. ._.-
14. The company shall fromdime to time cause to be parii#ed na:loaAi y or
toy be -. statement of --
bye-lawa and'
printed and attached to boards in large ant's. legible characters in
English 'and Chinese rates to beset np'
in large and
a statement of the bye-laws in force and a list of the several rates for
the time being legible charact-
ere.
,payable, and shall cause such boards containing such statement and list
to be fixed in
front of the principal office of business of the company, and on some
conspicuous part
of the pier, and no rate shall be payable during such time as snob list
is not so- affiad
nor shall any rate not specified in such list be payable: Provided always
that if any
such statement or list be destroyed,. injured or obliterated, the rates
.shall continue
payable during such time as may be reasonably required for the
restoration or repara-
tion of such list in the same manner as if such statement and list had
continued affixed
and in the state required by this Ordinance.
15. If at any time before the completion of the works, the company shall
fail to
proceed therewith for a period of six months or if after the completion
thereof shall
disuse the same or, any part thereof fox six months without affording to
the Governor.
in Council some satisfactory reason for the discontinuance or disuse of
the said works,
(as the case m'ay be) it shall be lawful for tile Governor in Council to
abate and remove ,
the same and restore the site thereof to its former condition at the
costs of the com-
pany, and the amount of such 'costs, shall be a debt duo to the
Government and
recoverable against .the company accordingly.
1P company fall
to make bye-
lawe, Governor
in Council may
make them.
power to
Governor in
Council in certain'
cases to or&r
abatement and
removal oPworka.
Hongkong Pier and Godown Company.
No. 11 of 1871.
16. Nothing in this Ordinance otherwise than specially enacted herein shall
construed to interfere in any way with any existing rights in the land on
which tft`s
said wharf and pier are to be constructed or the lands or foreshore
adjoining the same.
17. This Ordinance shall continue in force-for thirty years to be
computed from
the first day of January, 1871: Provided always that the Gaveruor in
Council may
from time to time, so often as'he shall think it expedient, by an order
to be puLlisUd
in the Gazette, declare.that the duration of this Ordinance shall be
extended for'any'
further term not exceeding ten years at a time, and thereupon this
Ordinance shall
continue-in force for such extended period.
Commencement 1$, This Ordinance shall come into force on such day as shall
be hereafter fise3
-of ordinance.
by proclamation under the hand of the Governor.
[In force from 14th June, 1872, under proclamation of same date.
Repealed by Ordinance No. 4 of 1887.]
1119
Title.
Preamble.
Interpretation clause.
Power to erect a wharf and pier.
Plans and specifications of pier.
Alterations in wharf and pier.
Power to construct tramways.
Lights.
Company to prevent silting &c., and obstrution of Prays.
Mode of proceeding where company has made default in taking measures to prevent silting, &c.
Priority of use of wharf to certain vessels.
1121
Company ot make bye-laws.
Penalty for breach of bye-laws.
Proof of bye-laws.
If company fail to make bye-laws, Governor in Council may make them.
Statement of bye-laws and rates to be set up in large and legible characters.
Power to Govfernor in Council in certain cases to order abatement and removal of works.
1122
Saving of existing rights.
Duration of Ordinane.
Commencement of Ordinance.
No. 11 of 1871.
An Ordinance to authorize 'The Hongkong and Godown Company,
Limited,' to construct a Pier in the Harbor of Victoria, and to confer
upon the said Company certain other Power and Privileges.
[16th November, 1871.]
'WHEREAS, under the -provisions of. the ' Companies Ordinance, 1865,' a
public
company has been formed and rei;i.stered;in the.-name of ahe.'Hongh011g
Pier;
wad Godowu Company; Limited;' for the purpose of constructing, with the
consent,
of: the: Crown, a, public.- bier in -tlre harbor- of Victoria, and fox
other purposes; in
relation to -,the-loading, discharging, and storing of cargo; Aid whereas
the, said,
cqmpauy haveapylied to the, Government of the Colony to confer upon them
the-~e~e~:.4-
sary.ppwars,for carrving,oute,the-objects thereof, by means of a public
Ordinance, andyt;-
is expedient :that such. an Otdinane
,e should, be granted to the said company under
aid,. object to tbe-conditions, restrictions and provisions hereinafter
coutaiyed:' Be,
it therefore enacted -by, the Governor of Tiongkong, with the adviceAf
the Legislative-
Council thereof, as follows:-
ORDINANCE No. 11 of 1871.
Hongkong Pier and Godown Company.
1. In the interpretation of this Ordinance, the expression 'the Company'
shall
TO~
tnteTetation
~iamse: -
Power to erect a
'wharf and pier.
plans and -
specifications of
pier.'
Alterations in
wharf and pier.
Power to con.
atract tramways.
mean the 'Hongkong Pier and Godown Company, Limited.'
2. It shall be lawful for the company to construct and maintain for the
exclusive,
use and objects of the company, a wharf between high and low water mark
and a pier,
extending into the harbor of Victoria, at and from the portion of the
public Prays which
lies directly opposite to the pieces or parcels of ground registered in
the Land Office
of the Colony as marine lots nun. bered 2$, 29x,30, and 30x,
respectively.
3. The said wharf and pier shall be constructed in accordance with plans
and
apecificltions to be approved by the Governor in Council.
4. The company may, from time to time, make any alterations in and
additions
to the said wharf and pier, provided the same be in accordance with a
plan and
specification to be approved by the Governor in Council.
5. It shall be lawful for the company, from time to time, to lay down,
maintain
and renew sunken tramways from the foot of the pier and wharf across the
public
Prays connecting the pier anti wharf with the premises of the company,
situated on:
the marine lots aforesaid or adjoining the same: Provided always that all
such
tramways shall be laid in accordance with a specification to be approved
by the.
Governor in Council.
g. The company. shall canes to be affixed on the acid pier and wharf and
to be
exhibited from sunset to sunrise, such lights as the Harbor Master may
from time to
time direct. ,
7, The Company shall take such measures as may be necessary to prevent
silting
or the accumulation of mud, sand, or other matter around the pier or
wharf, and shall
conform to such regulations as the Governor in Council may deem it
expedient to
make for the, purpose of preventing obstruction to the traffic of the
Prays.
gV In event of the company making def a.ult in complying with the
provisions in
the last preceding section relating to the prevention of silting or the
accumulation of
mud, sand, or either utatter ground the pier or wharf, the Governor in
Council, if
satisfied after due enquiry made by him that the company has beep guilty
of the
alleged default, shall make an order to be served on its secretary
limiting a time for
the performance of its duty in that behalf,'atld if such duty is Pnot
performed by the
time limited. by the order, the Governor in' Council shall appoint soma
person- to
perform the same and shall by order direct that the expenses of
performing the same
together with a reasonable remuneration to the person appointed for
superintending
such performance and ayounting to a sum specified in the order together
with- the
costs of proceedings (if any) shall be paid by the company, and any
girder made for'
the payment of such expenses and costs may be removed into the Supreme
Court, .and
may be enforced in the same manner as if the same were an order of such
Court.
9. All vessels belonging to or engaged in the service of Her Majesty's
Govern--
shall have yriority of use of the pier or wharf at the ordinary current
rates,
~tvithout prejudice to the rights of other vessels actually using the
wharf, and all, other
company to
prevent silting
&e., and obatrao-
tton of Prays.
`-Diode of pro:
'' eaeding where
compady-has
hiada default in.
taking measures,
to prevent,-
silting, &c.
Priority of u5b of
wharf to certain
vessel®..
ORDINANCE No. 11 of 1871.
Hongkong Pier and Godown Company.
vessels shall have the ri'bt of using the pier or wharf at the current
rates in order of
priority of application, subject nevertheless to any bye-laws which may
be made
under the provision neat hereinafter contained, to provide for cases of
urgency.
10. It shall be lawful for the company from time to time to make such
bye-laws company to -
as may be necessary for the general management of the business of the
company: ranks bye-laws.
Provided always that no such bye-laws as aforesaid, nor any repeal or
variation
thereof, shall come into force until the same shall have been approved by
the Governor
in Council, and shall have been published in the Gazette.
11. Every person who shall commit a breach of any bye-law made in
.pursuancePenalty for
of this Ordinance, shall on summary conviction thereof before a
Magistrate be liable la wteoftiye-
to a fine not exceeding fifty dollars.
12. In all proceedings before any Court, the bye-laws of the company in
force Proofofbye-
laws.
for the time being under this Ordinance, shall be sufficiently proved by
the production
of a copy of the Gazette in which the same shall be published and
contained.
13. If the company shall fail to make or vary such bye-laws as in the
opinion
of the Goverpor in Council are requisite for the protection of the rights
of the
inhabitants of this Colony, and for the prevention of injury to
navigation, the Governor
in Council shall make an order to be served upon the secretary of the
company,
limiting a time for the making of such bye-laws by the company, and if
such, bye.
'laws are not made by the time prescribed in such order, the Governor in
Council may
make or vary such bye-laws, which bye-laws when made or varied -and
published in
the Gazette, shall have the same force and effect as if they, were
specially enaetetl:_
herein. ' .. ._.-
14. The company shall fromdime to time cause to be parii#ed na:loaAi y or
toy be -. statement of --
bye-lawa and'
printed and attached to boards in large ant's. legible characters in
English 'and Chinese rates to beset np'
in large and
a statement of the bye-laws in force and a list of the several rates for
the time being legible charact-
ere.
,payable, and shall cause such boards containing such statement and list
to be fixed in
front of the principal office of business of the company, and on some
conspicuous part
of the pier, and no rate shall be payable during such time as snob list
is not so- affiad
nor shall any rate not specified in such list be payable: Provided always
that if any
such statement or list be destroyed,. injured or obliterated, the rates
.shall continue
payable during such time as may be reasonably required for the
restoration or repara-
tion of such list in the same manner as if such statement and list had
continued affixed
and in the state required by this Ordinance.
15. If at any time before the completion of the works, the company shall
fail to
proceed therewith for a period of six months or if after the completion
thereof shall
disuse the same or, any part thereof fox six months without affording to
the Governor.
in Council some satisfactory reason for the discontinuance or disuse of
the said works,
(as the case m'ay be) it shall be lawful for tile Governor in Council to
abate and remove ,
the same and restore the site thereof to its former condition at the
costs of the com-
pany, and the amount of such 'costs, shall be a debt duo to the
Government and
recoverable against .the company accordingly.
1P company fall
to make bye-
lawe, Governor
in Council may
make them.
power to
Governor in
Council in certain'
cases to or&r
abatement and
removal oPworka.
Hongkong Pier and Godown Company.
No. 11 of 1871.
16. Nothing in this Ordinance otherwise than specially enacted herein shall
construed to interfere in any way with any existing rights in the land on
which tft`s
said wharf and pier are to be constructed or the lands or foreshore
adjoining the same.
17. This Ordinance shall continue in force-for thirty years to be
computed from
the first day of January, 1871: Provided always that the Gaveruor in
Council may
from time to time, so often as'he shall think it expedient, by an order
to be puLlisUd
in the Gazette, declare.that the duration of this Ordinance shall be
extended for'any'
further term not exceeding ten years at a time, and thereupon this
Ordinance shall
continue-in force for such extended period.
Commencement 1$, This Ordinance shall come into force on such day as shall
be hereafter fise3
-of ordinance.
by proclamation under the hand of the Governor.
[In force from 14th June, 1872, under proclamation of same date.
Repealed by Ordinance No. 4 of 1887.]
1119
Title.
Preamble.
Interpretation clause.
Power to erect a wharf and pier.
Plans and specifications of pier.
Alterations in wharf and pier.
Power to construct tramways.
Lights.
Company to prevent silting &c., and obstrution of Prays.
Mode of proceeding where company has made default in taking measures to prevent silting, &c.
Priority of use of wharf to certain vessels.
1121
Company ot make bye-laws.
Penalty for breach of bye-laws.
Proof of bye-laws.
If company fail to make bye-laws, Governor in Council may make them.
Statement of bye-laws and rates to be set up in large and legible characters.
Power to Govfernor in Council in certain cases to order abatement and removal of works.
1122
Saving of existing rights.
Duration of Ordinane.
Commencement of Ordinance.
Abstract
1119
Title.
Preamble.
Interpretation clause.
Power to erect a wharf and pier.
Plans and specifications of pier.
Alterations in wharf and pier.
Power to construct tramways.
Lights.
Company to prevent silting &c., and obstrution of Prays.
Mode of proceeding where company has made default in taking measures to prevent silting, &c.
Priority of use of wharf to certain vessels.
1121
Company ot make bye-laws.
Penalty for breach of bye-laws.
Proof of bye-laws.
If company fail to make bye-laws, Governor in Council may make them.
Statement of bye-laws and rates to be set up in large and legible characters.
Power to Govfernor in Council in certain cases to order abatement and removal of works.
1122
Saving of existing rights.
Duration of Ordinane.
Commencement of Ordinance.
Title.
Preamble.
Interpretation clause.
Power to erect a wharf and pier.
Plans and specifications of pier.
Alterations in wharf and pier.
Power to construct tramways.
Lights.
Company to prevent silting &c., and obstrution of Prays.
Mode of proceeding where company has made default in taking measures to prevent silting, &c.
Priority of use of wharf to certain vessels.
1121
Company ot make bye-laws.
Penalty for breach of bye-laws.
Proof of bye-laws.
If company fail to make bye-laws, Governor in Council may make them.
Statement of bye-laws and rates to be set up in large and legible characters.
Power to Govfernor in Council in certain cases to order abatement and removal of works.
1122
Saving of existing rights.
Duration of Ordinane.
Commencement of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/297
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 11 of 1871
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“HONGKONG PIER AND GODOWN COMPANY ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 24, 2024, https://oelawhk.lib.hku.hk/items/show/297.
