HONGKONG LIGHTHOUSES ORDINANCE, 1873

HONGKONG LIGHTHOUSES ORDINANCE, 1873

Lighthouses.

No. 17 of 1873.

An Ordinance to establish Lighthouses, Buoys, or Beacons within the
Colony.

[9th December, 1873.]

WHEREAS it is expedient to erect lighthouses, buoys, or beacons within the
Colony, and to levy dues in respect thereof: Be it enacted by the Governor of
Hongkong, with the advice of the Leislative Council thereof, as follows:-

1. This Ordinance may be cited as 'The Hongkong Lighthouses Ordinance, 1873.'
2. In the construction of this Ordinance, the term 'Lighthouse's' shall, in addition
to the ordinary meaning of the word, include floating and other lights exhibited
'for the guidance of ships, and the terms 'Buoys ana Beacons' shall include all other
marks and signs of the sea.

The term 'Master' shall include every person (except a pilot) having coin.
maud or charge of any ship.

The term 'Ship' shall include every description of vessel used in
navigation
not propelled by oars.

3. It shall be lawful for the Governor to erect and maintain within the Colony
such lighthouses, buoys, or beacons as the Governor in Council shall think necessary
to bg exhibited for the guidance of ships.
dues.

tORDl:NNNCE .I~-ro: 17 aF 187.

. Lighthouses.

4. It shall be lawful for~the Governor, from One -to .time, with the
assent of the
Legislative Council, to raise by way of public loan upon ~the
seourity.of-tbe:general
revenues of the Colony such suuls of money as imy be necessary for. the
purposes
aforesaid, and every loan so raised shall be a charge upon the said
Colonial revenue.

5. It shall be lawful for the Governor, in the meanwhile, with such
assent as
aforesaid, to .order the payment by way of temporary advance out of any
monies for
the time being in the Colonial Treasury of such sums of money arising
from the
general revenues of the Colony,. as may be required for the purposes
aforesaid: Pro.
vided always .that all sums of money so advanced out of the general
revenues of ,the
Colony shall be repaid into the Treasury out of the sums which play be
rained by .way of
loan under the provisions in that behalf herehlbefore contained.

Light dues.

Power to raise
necessary funds
by pnblic.loan.

Power to advance
funds out of the
Colonial Trea.
sury.

$. The owner or master of every ship which enters the waters of the
Colony sball Light does.
pay such dices in respect (if the said lighthouses, buys, or beacons as
may, from time ,
to time, be fixed-by order of the Governor in Council, b> such officers
as the Governor
shall,-from time to time, appoint to collect the same, and the saine
shall be paid by
such officers into the Colonial Treasury.

7. All British and Foreign ships of war shall be exempt fromthe payment
of.light Exemption of
men of war.

:S : It shttll-balawful
for,.the=Go.vernor,.by.order,imCouncil.;- ooVornorto

- anew certain, ,~. To :exempttany ships,,Ar, elassas.-u'f ikiips,
fralnaaehpaymalt,i and-to,anrs:es exemptions.
any terms, or-conditions to,such.,,emeraptians;
2. To substitute any other dues, or classes of
dues,=whetrheriby=way;ofaripual
,payment or otherwise, in respect of any ships, or classes of ships.

.9. Tables.of all,light dues and a.copy of the regulations for the time
being in
force in respect thereof shall be. posted, up at the office of the Harbor
Master.

10. A receipt for light dues shall be. given by the person appointed to
collect the
same to every person paying the .same, and .the Flarbor:Master shall not
,grant a
Clearance to any ship, unless the receipt for the same is,produced.to him.
11. If the owner or master failson demand of the authorized collector to
pay the
tight dues in respect thereof, it sliall be lawful for such collector in
addition to any
other remedy which he is .entitled to use, to.enter upon such ship, and
distrain the
goods, guns, tackle, or any other things of or belonging .to or on board
such. ship, and
to detain such distress until the said light dues are paid; and if
payment of the same
is not made within the period of three days,n.ext ensuing such distress,
he may, at any
time during the continuance .of such non-payment, cause the same to be
appraised
:byitwo. sufficient persons, andAhereupon surf A6e.~saine, aand:u,pply
she proceeds in
;payment.ofthe light fines . due' together with reasouable:eliuenses
.incurued by~him
under this section, paying the surplusE(ifsany)_on demand tti'.the.:said
asvtier::ar maater.

'faDlep:ef,lrglit
data 9'o.he ea-
hibltea'atliAftor
Master's x9108.
(See M. S. A.
1864, see. 388.1

=t to be
without
production of
receipt for light
dues.
[See M. S. A.
1854, see. 400.3

Power of distress
for light dues.
[3f. S. A. 901.]
ORDINANCE No. 17 of 1873.

Lighthouses. A

Damage to lights, buoys and beacons.

Penalty for 12. If any person wilfully or negligently commits any of the
following offences,
injuring lights,
icc that is to say:
.
[M. s. A. 1864,
Mea.414J 1, Injures any lighthouse, or the lights exhibited therein, or
any buoy or
beacon;

2. Removes, alters or destroys any lightship, buoy, or beacon;
3. Rides by, makes fast to, runs foul of any lightsbip, or buoy;

He shall, in addition to the expenses of making good any damage so
occasioned, incur
a penalty not exceeding two hundred and fifty dollars.

Prevent-ion of false lujhts.

Harbor Master 13. Whenever any fire or light is burnt or exhibited at such
place, or in such
may proldbit
N1se lights. manner, as to be liable to be mistaken for a light proceeding
from a lighthouse, it shall
4 6.] . A' 1864,
be lawful for the Harbor Masker to serve a notice upon the owner of the
place where
the fire or light is burnt or exhibited, or on the person having charge
of such fire or,

light, either personally or by delivery at the place of abode of such
owner or person,
or by affixing the same in some conspicuous spot near to such fire or
light, and by such
to'tce to direct such owner or person, within a reasonable time to be
therein specified,
to: take effectual means for the extiriguisbiug or effectually screening
such existing
light and for the preventing for the future any similar fire or light;
and any owner or
person disobeying such notice shall be deemed guilty of a common
nuisance, and in
addition to any other penalties cr liabilities of any kind thereby
incurred, shall incur a

penalty not exceeding five hundred dollars.

14. If any owner or person sorbed with such notice, as aforesaid,
neglects for a
period of twenty-four hours to extinguish or effectually screen the light
or fire therein
mentioned, it shall be lawful for the Harbor Master, by his servants or
workmen, to
enter into the place wherein the same may be, and forthwith to extinguish
such fire or
`light doing no unnecessary damage; and all expenses incurred by the
Harbor Master
iii ,such extinction may be recovered from such person or owner as
aforesaid in the
`~same way as penalties are hereby declared to be recoverable.

Recovery of peaialties.

Recovery of 15. All penalties incurred under this Ordinance may be
recovered by and under
penalties.
the provisions of Ordinance No. IO of 1844.

.Regulations.

-Governor may, ' - 16. It shall be lawful for the Governor in Council to
make and publish regu-
make regala-
tion.. lotions, and from time to time to vary the same for the better and
more effectual
carrying into effect the provisions of this Ordinance.
No. 17 of 1873.

Lighthouses.

17. Section 19 of Ordinance No. 1 of 1862 is hereby repealed.

18. This Ordinance shall,commence and tale effect on such day as shall be
fixed 'usraease.arng
:oby proclamation under the1and of the Governor.

(Fn,forcefrona the 27th April, 1875, under proclamation of tire same date.
Repealed by Ordinance 14o. 8 of'1879.1

NOTE.--For Orders in Council under this Ordinance; see

Order 30th. March, 1875. (Gazette 3rd .April, 1875.)
Order 2Ttla April, 1875. (Gazette 1st May, 1875.)
Order 19th August, 1875. (Gazette 21st August, IS?'S,)
Order 1 st September, 1875. (Gazette 18th September, T 8 i5.)
Order 3rd September, 1875. (Gazette 4th Srptember, 1875.)
Order 29th October, 1878. (Gazette 16th, November, 1878.)
1302
Title.
Preamble.
Short title.
Interpretation clause.
Power to erect lighthouses, &c.
1303
Power to raise necessary funds by public loan.
Power to advance funds out of the Conlonial Treasury.
Light dues.
Extemption of men of war.
Governor to allow certain exemptions.
Tables of light dues to be exhibited at Harbor Master's office.
[See M. S. A. 1854, sec. 399.]
Ship not to be cleared without production of receipt for light dues.
[See M. S. A. 1854, sec. 400.]
Power of distress for light dues.
[M. S. A. 401.]
1304
Penalty for injuring lights, &c.
[M. S. A. 1854, sec. 414.]
Harbour Master may prohibit false lights.
[M. S. A. 1854, 415.]
If not obeyed, he may abate such lights.
[M. S. A. 1854, 416.]
Recovery of penalties.
Governor may make regulations.
1305
Repeal of sec. 19 of No. 1 of 1862.
Suspending clause.

1302
Title.
Preamble.
Short title.
Interpretation clause.
Power to erect lighthouses, &c.
1303
Power to raise necessary funds by public loan.
Power to advance funds out of the Conlonial Treasury.
Light dues.
Extemption of men of war.
Governor to allow certain exemptions.
Tables of light dues to be exhibited at Harbor Master's office.
[See M. S. A. 1854, sec. 399.]
Ship not to be cleared without production of receipt for light dues.
[See M. S. A. 1854, sec. 400.]
Power of distress for light dues.
[M. S. A. 401.]
1304
Penalty for injuring lights, &c.
[M. S. A. 1854, sec. 414.]
Harbour Master may prohibit false lights.
[M. S. A. 1854, 415.]
If not obeyed, he may abate such lights.
[M. S. A. 1854, 416.]
Recovery of penalties.
Governor may make regulations.
1305
Repeal of sec. 19 of No. 1 of 1862.
Suspending clause.

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1890

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No. 17 of 1873

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