NUISANCES ORDINANCE

NUISANCES ORDINANCE

Penalty for
ubiag street

ories.

Offences how
to be dealt'
with.

ORDINANCE No. to of 1872.

aVuisance s.

No. 10 of 1872.

An Ordinance to prevent certain Nuisances.

Preamble.

[ 5th September, 1872. ]

.

~REREAS the laws hitherto in force have failed to prevent
effectually certain nuisances in the city of Victoria : Be it
enacted by the Governor of Hongkona, with the advice of the Legislative
Council thereof, as follows:-

Repealing 1. Ordinance No. 2 of 1872, is hereby repealed.

clause.

Nuisances in 2. Every person shall be liable to a penalty not, exceeding
twenty-

thoxoughfarcs
'anfive dollars,,who within the city of Victoria, shall in an3T .str eet,
thorough-

adjacent
tberete. fare, or public place, or in any place adjacent thereto, commit
any of the

following offences, that is to say

(a) Every person who shall wilfully set fire to any cracker or other
firework,
without previous permission to do so from the Superintendent,of
Police. [Repealed by Ordinance No. 9 of 1886 sub nom. sins. 1.]

(b) Every-`persou~who,.contrary to any regulations to be- pub--
fished front 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.

3. Every person shall be liable to a penalty not exceeding twenty-
five dollars who shall use or utter cries for the .purpose of buying or
selling any article whatever,, or who shall make any noise whatever, with
the object of disposing of or attracting attention .to his goods, wares.,
. or
trade, within any district or place not permitted by some regulation of
the Governor in Council.

- 4. It shall be lawful for any constable belonging 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 ul5on
complaint of any party who shall have been injured or annoyed.by, or
been witness to t-he commission 'of any such offence ; and in the absence
of any such constable, it . shall be lawful for the party so injured or'
annoyed, or who shall have seen the offence committed, to seize:and
detain the offenf3er until he can be given into the custody of such
constable, or until he can be taken before a Magistrate.
ORDINANCE No. 10 ,oF TF2.

N nisances.

5. Every person shall be liable-to a penalty not exceeding ten
dollars who shall utter shouts or cries or make other noises while playing
the game known as Chai-112ui, between, the hours of 11 P..m. and 6 A.M.
within any district or place not permitted by some regulation of the
Governor in Council.

8. Every person who without special permission front the Governor, shall
carry Bjlu go l and
on or conduct the noisome, dangerous and offensive trade of boiling paint
oil with

trudei.
seed, or any noisy, noisome, dangerous, offensive, or noxious trade or
business, to the
annoyance, detriment or danger of any other person or 'of any contiguous
buildings or
premises, 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: Provided that nothing in this section contained
shall be held
or construed to interfere with any existing rights and remedies against
persons
carrying on any of the said trades whether with or without the special
permission of

the Governor.[Be p;aled by Ordinance No. 24 of 1887.3

Penalty for,
play>ing chi-

7. 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
made 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 fine
shall be remitted with or without costs, as the said Court may think
fit.. [Repealed by
Ordinance No. 24 of 1887.]

.Appeal in eert»in
cases,

$. This Ordinance shall be read as though .incorporated with and
J.tleorporatio=1

of Ordinance

forming part of Ordinance No. lq of 1845. Nv;tttNo.i4 of
1945.

Regazlcztion made by the Governor in Council, in pursuance of section 3
of Ordinance
No. 10 of 1872,, the 27th day of September, 1872.

Hawkers are permitted to use or utter cries or make other noises for the
purpose of
buying or selling their goods, or of attracting~attention to their trade
or wares, in all parts
.of the city of Victoria,-except in No: 5 district, Queen's Road, the
Praya, Bonham
Roa , and the district to the south thereof.

Regulation 18th May, 1890.
Nuisances.

No. 10 of 1872.

Regulations made by the Governor in Council, in pursuance of sub-section
(b.) of
section 2of Ordinance 11'0. 10 of 1872, the 27th day of .',~eptembeo,
1872.

1. Every person shall be deemed to be guilty of a nuisance within the
meaning of

sr the Ordinance, who shall dress, or cause to be dressed, granite or
other stone for the:
erection of any building, or for any other purpose, within the city of
Victoria, when such
dressing could have been executed at the quarry without rendering the
granite or other
stone liable to injury during its transport to the place where it is
required for use.

2. The dressing of granite or other stone shall not be deemed a nuisance
when the
same has been taken from a ruined building or other work, and is about to
be used in the
re-construction of the said building or work.

Regulation ynade by the Governor in Council, in pursuance of section 5 of
Ordinance
No. 10 of 1872, the 27th day of September, 1872.

It is not permitted to utter shouts or cries or make other noises while
playing the
game known as Chai-Mui, between the hours of 11 P.M. and G A.M. in No. 5
district,
Queen's Road, the Praya, Bonham Road, and the district to the south
thereof.

Regulation made by the Governor in Council, under the provisions of
section 3 of
Ordinance No. 10 of 1872, the 13th, and gazetted the 24th May, 1890.

Hawkers are permitted to use or utter cries or make other noises for the
purpose of
buying or selling their goods or of attracting attention to their trade
or wares in all parts.
of tire city of Victoria, except in or to the south of Bonham Road and
Caine Road, and
to the east of a boundary running down Skiing Wong Street as far as
Hollywood Road
along Hollywood Road to Lyndhurst Terrace down Lyndhurst Terrace to
Pottinger
Street down Pottinger Street to Praya ; and except to the west of Murray
Barracks and
the line of the tramway.
1138
Title.
Preamble.
Repealing clause.
Nuisances in thorogh fares and places adjacent thereto.
Penalty for using street cries.
Offences how to be dealt with.
1139
Penalty for playing Chai-Mui at night.
Boiling oil and offensive or dangerous trades.
Appeal in certain cases.
Incorporation of Ordinance with No. 14 of 1845.
1140

1138
Title.
Preamble.
Repealing clause.
Nuisances in thorogh fares and places adjacent thereto.
Penalty for using street cries.
Offences how to be dealt with.
1139
Penalty for playing Chai-Mui at night.
Boiling oil and offensive or dangerous trades.
Appeal in certain cases.
Incorporation of Ordinance with No. 14 of 1845.
1140

https://oelawhk.lib.hku.hk/items/show/307

1890

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No. 10 of 1872

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