PIERS AND WHARVES ORDINANCE

PIERS AND WHARVES ORDINANCE

OPDIh'AXCE No. 4 OF 184.

Piers aced Wharves.

No. 4 of 1884,

An Ordinance to authorise CATCHICK PAUL CHATHn Esq. to construct
piers and wharves in the harbour of Victoria, and to confer upon
the said CATCHICK PAUL CHaTt;R certain other powers and privileges.

[26HEREAS GATCHIC% PAUL CRATER Esq., of Victoria, 'Hongkong, Fill acrd
Vro%mblr.

Bullion Broker, is desirous of constructing, with the consent of the
Grown,
piers, wharves, and tramways in the harbour of Victoria, far purposes in
ralatian to
the loading, discharging, and storing of cargo; And whereas the staid
CkTC'111-,K PAUL
CRATER has applied to the Government of the Colony, to confer upon him
the necessary
powers for carrying out the construction of such piers, wharves, and
tramways, by
means of a Public Ordinance, and it is expedient that such an Ordinance
should be
granted to the said CATCHICK PAUL GsAxEa, under and subject to the
conditions,
restrictions and provisions hereinafter captained: Bo it. therefore
enacted by the Gov.
ernor of Hongkong, with the advice of the Legislative Council thereof, as
follows:--

It shall be lawful for the said CA.TCHICH PAUL CzrAxzz his executors,
adminis-
trators or assigns, to construct ana maintain, for his and their
exclusive use, wharves
between high and low-water mark, and piers extending intotha harbour of
Victoria,
at and from any part or parts of that portion of land which lies directly
opposite to
fee pieces or parcels of ground registered in the Land Office of the
Colony as Haulung

Marine Lots Nos. 9, 11, 20 and 21 respectively..

2. The said wharves and piers shall be constructed in accordance with
plans and nwn,s and

~speeifieations to be deposited in the office of the Surveyor General and
approved of by
the Governor in Council, before the said works are commenced.

3. The said CATCHICK PAUL t:$A.Taa his executors, administrators or
assigns Alterations and
additions.
may, from time to time, make any. alterations in, or additions to, the
said wharves and
piers, provided the same be in accordance with plans and specifications
to ire approved

by the Governor in Council.

4. It shall be lawful for the said CATCHICK PAUL CHATeR his executors,
adnuuis- Power to uy
trators or assigns, subject to the plans and specifications being
approved by the Governor sown crainWays,
.

in Council, from time to time to lay down, nouintain and renew, sunken
and overhead
tramways, or either of such tramways, from the piers and wharves across
the Prays
,,connecting the piers and wharves with the premises of the said CATCHICK
PAUL CRATER
his executors, administrators or assigns, situated an the Kaulung Lots
aforesaid or
adjoining the same; and also a double line of tramwttys, 650 yards in
length, com-
mencin ; at a point opposite the north west corner of the aforesaid
Kaulunb Marine ?pat
No. 21, thence -passing along the centre of the Prays to a paint opposite
the south
west corner of the aforesaid Kaulung Marine Lot No. 9. The said tramways
to be
provided with all proper stations; crossings, brides, passing places,
sidings, junctions,
rails abd conveniences connected therewith,, or for the purposes thereof,
arid the said

Power to
caustruc6
wharves tond
pleric
ORDINANCE No. 4 ,oF 1884.

Piers and Wharves.

CATCHICK PAUL CRATER his executors, administrators or assigns may work
and use
the same. Provided always that before the commencement of tile
construction of the
said sunken and overhea3 tramways or either , of such tramways, the said
CATCHICg
PAUL CRATER his executors, administrators or assigns shall deposit in the
office of the
said Surveyor General plans and specifications skewing in detail the
anode of construction
of the said sunken and overhead tramways, which said plans and
specifications slz~kll
be approved of by the Governor in Council.

Power to alter 5. Subject to the approval of the Governor in Council being
first obtained, it
tramwnya,
shall be lawful for the Said C~1TCFiIC$ PAUL CRATER 1115 executors,
administrators Or
assigns, R-ronl time to time to alter the existing, arid construct,
maintain anal renew
subject to the provisions of this Ordinance and in accordance with plans
to be previously
deposited lm the said CATCSICK PAUL CHATEt~ his executors, administrators
or assigns,
in the office of the Surveyor General, all such stations, crossings,
bridges, passing

places, sidings, junctions, rails and other works, in addition to those
particularly
specified in and authorized by t~is Ordinance, and may work and use the
same.

Usage of
trainwuw.

6. The sunken tramways referred to in this Ordinance shall be constructed
on a
gauge not exeeedit~g 2 feet in width, and with two- steel grooved rails,
which said rails
shall before being laid,dowu.be approved of by the 'Surveyor General, and
shall be
laid and maintained in such manner, ,that the uppermost surface thereof
shall be on a-
level with the surface of the road. Provided that the Governor in Council
may from
time to time require the said CaTcslax PAUL CRATER his executors,
administrators
or assigns to adopt and apply such improvements in the said sunken or
overhead
traW ways including their rails, sleepers, bridges and substrue.ture'as
experience may
suggest, having regard d to tile greater security of the' public and
advantage to the-
ordinary traffic, and the said CATCHICIZ PAUL CRATER his executors,
administrators
or assigns shall with all reasonable despatch, comply with any order made
by the
Governor in Council for the purpose of carrying out-any such improvements.

Power to break 7, The 6a14 CATCf4TICg PAUL CRATER 1113 exeCllt©rS
administrators Or assigns
zip roods.
may from time to time for the purpose of making, forming, laying down,
maintaining,

. renewing, altering, adding to or removing any tramway under this
Ordinance, or any
part or parts thereof respectively, open ayd break np gray r011r~ subject
to the following
regulations: .

1. They, shall hive to the Surveyor General notice of their intention,
sped.
fyino; the time at whiql they will begin to do so, and the portion of
road proposed to be opened or broken up, such notice to be given seven
days at least before the commencement of the work.

2. They shall not open or br eak up or alter the level of and road except
with
the authority, under the superintendence, and to the satisfaction of the-
Surveyor General.
ORDINAME No. 4 al :t ,9s4.

Piers and tlr'harues.

S. When the said CATCHICK PAUL CHATEFt his executors, administratsrs
or cernpletionor
work and

assigns shall have opened or broken up any portion of any road, they
shall be under reinstatement of
road.
the following further obligations, namely:

They shall with all convenient speed, complete the Nvork on account of
which they opened or broke up the same, and (subject to the formation,
maintaining, renewal, or alteration of addition to or removal of the tram-
way) fill in the ;round and make good the surface, and to the satisfaction
of the Surveyor General, restore the road to as good condition as that in

which it eras before it was opened or broken up.

`?. They shall in the meantime cause the place where the road is opened
or w
broken up to be fenced and watched and to be properly lighted at night.

If the said CATCHICK PAUL CRATER, leis executors, adr4lnlstri1tal's or
assigns fail
to comply with this section, they shall, for every offence .,(without
prejudice to the
enforcement of the spec'fic perforlnauce of the recduirAmeuts of this
Ordinance, or to
any other remedy against them) be lialale to a penalty not exceeding one
hundred
dollars, and to a further penalty not eYCeecllng 25 Bailers for each day
Burin; which
any such failure continues after the first day ou which such penalty is
incurred.

8. The said CATCHICK PAUL CRATER leis executors, administrators gild
assigns
shall maintain in good condition and repair, and lit their proper level
so as not to be t1
danger or annoyance to the ordinary traffic, the rails of which any of
the tramways for
the time being consist, and the substructure upon which the sain''e rest;
and if the
Surveyor General, shall from time to time, or at any time hereafter,
alter the level of
any road along or across which any of the said tramways shall he laid,
their zinc in
such event, and so often as the same shall happen, the said CATCHICK PAUL
CHATEx
his executors, administrators car assigns, shall at his or their own
expense, alter the
rails so that the uppermost surfacO thereof shall be on a level with the
surface of the.
road as altered, and, if the said C4TCSZC$ PAUL. CRATER his executors,
administrators
or assigns make default in complying with this section, they shall, for
every offence,
be subject on conviction to a penalty not exceeding twenty-five dollars,
and, in case of
continuing offence, to a further penalty not exceeding ten dollars for
every day after
the first on which such default continues. ''-

14. The said CATCHICK PAIL CRATER leis executors, administrators or
assigns Ijgut.s.
shall cause to be affixed on the said wharves and piers, and to be
exhibited from sunset
to sunrise, such lights as the Harbour Master znayYrom time to time
direct.

11. The said CATCHZCK. PAUL CRATER his executors, administrators or
ass1g11S Prevention of
silting, 8;,c.
shall take such measures as may be necessary to prevent silting or the
accumulation of
mud, sand, or other matter around the wharves and piers, 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.

1'onalty for not
nudntuinirtg
retire at tltelr
proper level tend.
in food aondi-
ftou.
URIDINA`TCE No., 4.wF. 18$4.

Piers and, T3rlcarves.

12. In the event of the said CATCHICK PAUL CRATER his executors,
administrators
or assigns making default in complying with the provisions in the last
preceding section
relating to the prevention of silting, or the accumulation of mud, sand,
or other matter
around the wharves or pier, the Governor in Council, if satisfied after
due enquiry
made that the said CATCHICK PAUL CHA.TER his executors, administrators or
assigns,.
has or have been guilty of the alleged default, shall make an order to be
served on tie
said CATcszcs PAUL CHaTER his egacutors, administrators or assigns,
limiting a time
for the performance of his or their duty ire that behalf, and if such
duty is not per-
formed by the time limited by the order, the Governor in Council shall
appoint some
person or ;persons to perform the same, and shall by order direct, that
the expenses of
performing the sauce., together with a reasonable remuneration to the
person or persons
appointed for superintending such performance, and amounting to a sum to
be specified
in the order, together with the costs of proceedings (if any), shall be
paid by the said
CATCHICK PAUL- CRATER Lis executors, administrators or assigns, and any
order made
for the payment of such ex*penses and costs may be removed into the
Supreme Court,
and may be enforced in the sanie manner as if the same,were an order of
such Court.
Priori tyofuse 13. All vessels belonging to, or engaged in the service of
Her Majesty's Govern-
to Queen's ships. .
meet shall have priority of use of the wharves an~ piers at the ordinary
current rates
for mercantile vessels, , without prejudice to the right* of other
vessels actually usinjgw
the wharves or piers. ,
14. It shall be lawful for the said CATCxnc$ PAUL CRATER his executors,
adwi~n-
istrators or assigns, from time to time to make such rules and
regulations, as, mV
benecessary for tlxs general management of his and their business.
Provided always
that no such rules and regulations, 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.
Penalty for 15. Save as otherwise is enacted herein every person who shall
commit a breach of~
ureach of rules
a°a regulations. any of the rules and regulations made in pursuance of
this Ordinance, shall, on sum-
marv conviction thereof before a Magistrate, be liable to a fine not
exceeding fifty dollars;
Proof of rules 16. In all proceedings .before any Court,, the rules and
regulations in force for.
wind regulations.
the time being under thiPOrdinance, shall be sufficiently proved by the
production of
a copy of the Gazette in which the same shall be published and contained.

Governor in'
t;ouncil may 1'7. If the said CA.TCHICg PAUL CHA'1'ER his executors,
administrators or assin ns
make rnle9 and shill fail to make or vary such rules and regulations, as
in the opinion of the Governor
regulations in y
certain event, ill Council are requisite for the protection of the rights
of the inhabitants of the
Colony, and for the prevention of irr;!,jury to navigation, the Governor
in Council shall
make an order to be served^uporr the said CATCHICS PAUL CHgTER laic
executors,.
administrators or assigns, limiting a time for the making or varying of
such rules and
regulations, and if such rules and regulations are not made or varied by
the time:
prescribed in such order, the Governor in Council map make or vary such
rules and
regulations, which when made or val'Ied, and published in the Gazette,
shall have the

same force and effect as if they were-specially enacted ,hqrein.
ORDINANCE . No. 4 or 1884.

Piers and Wharves.

18. The said CATaszcg PAUL CHATTR his executors, administrators or-
assigns ~ Rwea.ana

regulations to
shall, from time to time, cause to be painted on boards, or to be printed
and attached be i~ ~a
exhibited.

in, large and legible characters in English and Chinese, a statement. of
the rules and
regulations in force, and shall cause such boards containing-such
statement to be fixed
on some conspicuous part of the wharves or piers.

19. If at any time before the completion of the works, the said CATCHICB
PAUL

Power.to '
Governbr is
Council to abate
and remove
works in certain
events.

CHaTER his executors; administrators or assigns 'shall fail to proceed
therewith for- a
period of six months, or after the completion thereof shall disuse the
same or any
part thereof for six months, without affording to the Governor in Council
some satis-
factory reason for the discontinuanee`or disuse of the said works, (as
the Casa may be),
it shall be lawful for the Governor in Council to abate and remove the
same, and
restore the site -thereof to its former condition at the costs of the
said CaTcHZCg
PAUL CH9~TER his executors, administrators or assigns, and the amount of
such costs
shall be a debt due to the Government, and recoverable against the said
CATCHICB

PAUL CHATE.R his executors, administrators or assigns accordingly.'

20. Subject to the approval of the Governor ~in Council being first
obtained (but power to sail,
not otherwise), the said CATCHICK PAUL CxAxrR his executors,
administrators or

,

assigns, may at any time, and from tine to time sell, assign or
absolutely dispose of
the undertaking, 'or any part or parts thereof to person, corporation, or
company, by
public auction, or such private contract, or partly by public auction and
partly by
private contract, and with, under and subject to such terms and
conditions in all
respects as the said CATCHICK PAUL CrcATEn, his executors, administrators
or assigns
shall think fit, with power at any such sale to fix a reserve price for,
or buy in the
same and when any such sale, assignment, or absolute disposal has been
made, all
the rights, powers, authorities, obligations and liabilities of the said
CATCHicg PAUL
CHATER hi's executors, administrators or assigns in respect to the
undertaking or part
or parts thereof sold, assigned or absolutely disposed of, shall be
transferred to, vested
in, and may be exercised by, and shall attach to the person or persons,
corporation,
or company to whom the same has been sold, assigned or
absolutely~dhsposed of, in
like manner, as if the undertaking, or part or parts thereof sold,
assigned or absolutely
disposed of, was or were constructed by , such person or persons,
corporation or
company under the powers conferred upon hirn or them by this Ordinance,
and in
deference to the same he or they shall be deemed to be the said CATCHICK
PAUL
CHATER his executors, administrators or assigns.

21. Subject to the approval of the Governor in Council being first
obtained (but

T
not otherwise), the said CATCHICK PAUL CHATEr. his -executors,
administrators or
assigns may, at any time, and from time to time demise their undertakings
or any part
Or parts thereof, to such person, corporation or company, for such term
or terms ,of
years, or from year to year, or for any less periail, and for such rent
or rents, and upon
such terms, and conditions in all respects, as th.p said CATCHICK PAUL
CHATER his
executors, administrators or assigns shall think fit to adopt, to take
effect either in

Power to demise,
Ordinance No. 4 of 1884.

Piers and Wharves.

possession or reversion, and either with or without a premium or
premiums, as a
consideration or considerations for such demise or demises.
22. It shall be lawffil for the said CATCIiICg Paul CRATER his executors,
admin-

istrators or assigns, from tirqe to time and at any time to borrow money
on mortgage
of all or any part of his undertaking, and for that purpose to assign or
demise by way
of mortgage, all or any portion of the said wharves and piers, to any
person or persons,
corporation or company, and to eater into all such covenants, provisoes,
declarations
and agreements as the said CATCHICK PAUL CHATER his executors,
administrators br
assigns shall drink fit and ,proper.
Saving of rights. ~ 23. Nothing in this Ordinance, otherwise than as
specially enacted herein, shall
be construed, to interfere in any way with any existing rights in the
land on which the
said wharves, piers or tramways are to be constructed, or the lands or
foreshore
adjoining the same, and the power and privileges given by this Ordinance
are so given,
saving and reserving always, the rights of Her Majesty, and of all bodies
.politic and
_ corporate, and of all other, persons and those claiming by, front, and
under them
except as herein otherwise provided. ,
-

24. This Ordinance shall continue in force-for 20 years to be computed
from the
31st day of March, 1884. Provided always that the Governor in Council
may, from
T
time to time, so often as the Governor in Council shall think it
expedient, by order; to
be.published in the Gazette, declare that the duration of this Ordinance
shall be
extended for any further term or terms' not exceeding ten years at a
time, and there-
upon this Ordinance aball continue in force for such extended period.

25. This Ordinance shall come into force on a day to be proclaimed by the

E In force from 31 st March, 1884, by proclamation of the 29th March,
.1884.
Repealed by Ordinance No. 4 of 1887.]



1779
Preamble.
Power to construct wharves and piers.
Plans and specifications.
Alterations and additions.
Power to lay down tramways.
1780
Power to alter tramways.
Gauge of tramways.
Power to break up roads.
1781
Completion of work and reinstatement of road.
Penalty for not maintaining rails at their proper level and in good condition.
Lights.
Prevention of sitting, &c.
1782
Proceedings on non-prevention of silting, &c.
Priority of use to Queen's ships.
Powers to make rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Governor in Council may make rules and regulations in certain event.
1783
Rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
Power to sell.
Power to demise.
1784
Power to mortgage.
Saving of rights.
Duration of Ordinance.
Commencement of Ordinance.

1779
Preamble.
Power to construct wharves and piers.
Plans and specifications.
Alterations and additions.
Power to lay down tramways.
1780
Power to alter tramways.
Gauge of tramways.
Power to break up roads.
1781
Completion of work and reinstatement of road.
Penalty for not maintaining rails at their proper level and in good condition.
Lights.
Prevention of sitting, &c.
1782
Proceedings on non-prevention of silting, &c.
Priority of use to Queen's ships.
Powers to make rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Governor in Council may make rules and regulations in certain event.
1783
Rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
Power to sell.
Power to demise.
1784
Power to mortgage.
Saving of rights.
Duration of Ordinance.
Commencement of Ordinance.

https://oelawhk.lib.hku.hk/items/show/448

1890

v3

No. 4 of 1884

6