NUISANCES ORDINANCE

NUISANCES ORDINANCE

°oRDINANCE -NTQ. 2 of 1872.

1bTuisances.

No. N of 18'2.

:1n Ordinance to prevent certain Nuisances.

~5tli April, 1872.

HEREA.S the laws hitherto in force have failed to prevent effectually
certain Preamble.

nuisances in the city of Victoria: Be it enacted by the Governor of
Hongkong,

with the advice of the~Zegislative Council thereof, as follows:-
1. Every person shall be liable to a penalty not exceeding twenty-five
dollars, who wisances In
thoroughfares
within the city of Victoria shall in an street, thoroughfare, or public or
in any an~ Plaeea
y ~ y ~ p place, oc~acent the
place adjacent thereto,, commit any of the following offences, that is to
say:
(a) Every 'person who shall use or cause to be used noisy or creaking
wheelbarrows, or any other noisy, dangerous, or annoying vehicle or
machine whatever.

(b) Every person who shall wilfully set fire to any cracker or other
firework,
_ without previous permission 'to do so from the Superintendent of
Police.
(c) Every person who, contrary to any regulations to be published from
time
to time by the Governor in Council, shall rough dress or cause to be
rough dressed, granite or any other stone whatever, for the erection of
any building or any other purpose.

2. Every person shall be liable to a penalty not, exceeding ,twenty-five
dollars u~,! s ,eet~-
~who shall use or utter cries for the purpose of buying o> selling any
article avlJatever; Tas--
or who shall make any noise whatever, wJth the .object of d.>~posxn~uf
c3v att~,oting .
'attention to his goods, wares or trade, within ;a~1~ ~aistrct
ox,placeAuot permitted by --
some regulation of the Governor' in Council. _

$. It shall be lawful for any conetalile'ueltinging to the Police Force
to take into
custody without warrant, any person who shall commit any such offence
within view of
any such constable; or if such offence shall not have been committed
Within, view of
any such constable; then upon complaint of any party who shall have been
injured or
annoyed by, or been witness to the commission of any such offence;
andin.lihe absence
-of- any such constable, it sha.ll.be lawful for the party so injured.or
annoyed; or who
shall have seen the offerice-,commtted;; to .seize and detain the
offender until he can_be
given into the custody. of,sucll constablA, or until he can be taken
before a Magistrate. .

4. Every -person 'shall be liable-.to la penalty not exceeding ten
dollars who shall
-utter stouts or cries-;or. make other noises wllile.::playing the game
known as Chai-mui,
between the hours of.11 p:Jir::and 6 a:mt. within -any district or place
not permitted by
some regulation of the Governor in Council.,',

5. every person who without. special:-permission from the Governor; shall
carry on
or condaict the noisome; dangerous and offensive trade of boiling :paint.
oiLwith seed, or
any noisy; noisotne~danerous, offensive, or noxious trade or business, to
the annoyance,
detriment or danger: of`-any: other person or :of any contiguous
buildings or premises,

CPPences how to
be dealt with.

YeniiJEy'fiir
Playing Chai-mni
at night.

Boiling oil and
offensive or
dangerous
Nuisances.

No. 2 of 1872.

shall be deemed to be guilty of a nuisance and shall upon the complaint
to any Police,-
Magistrate of the person so injured or annoyed, or of the owner or
occupier of the
buildings so endangered or of any Police constable, be liable to a fine
not exceeding.
fifty dollars.

6. In any case when a fine shall be imposed by the Police Magistrate
under- the
impression that the case is one contemplated by the last preceding
section; it shall be
lawful for the person upon whom the fine has been inflicted. to appeal to
the Supreme
Court and if such Court shall be of opinion that the case is one which
could not be
m4de the subject of an action at law at the suit of the person injured or
annoyed, or=of

an injunction in equity to restrain the carrying on such trade or
business, such, fins`
shall be remitted with or without costs, as the said Court may think fit.

7. This Ordinance shall be read as though incorporated with and forming
part of

lneorporation of
4rdtnance with

NO. 14 of 1845.Ordinance No. 14 of 1845.

[Repealed by Ordinance No. 10 of 1872.]

NOTE.-For regulations under section 2 of the 18th April, 1872, see Gazette of same
date.

For regulation$ under section 1, sub-section '(c) of the 3rd May, 1872, see=,
Gazette 4th of same month,
For regulations under section 4 of the 4th June, 1872, see Gazette 8th of
samev=
month.

1123
Title.
Preamble.
Nuisances in thorough fares and places adjacent thereto.
Penalty for using street cries.
Offences how to be dealt with.
Penalty for playing Chai-mui at night.
Boiling oil and offensive or dangerous trades.
1124
Appeal in certian cases.
Incorporation of Ordinance with No. 14 of 1845.

1123
Title.
Preamble.
Nuisances in thorough fares and places adjacent thereto.
Penalty for using street cries.
Offences how to be dealt with.
Penalty for playing Chai-mui at night.
Boiling oil and offensive or dangerous trades.
1124
Appeal in certian cases.
Incorporation of Ordinance with No. 14 of 1845.

https://oelawhk.lib.hku.hk/items/show/299

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No. 2 of 1872

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