PIERS AND WHARVES (JOHNSON'S) ORDINANCE
Title
PIERS AND WHARVES (JOHNSON'S) ORDINANCE
Description
ORDINANCE- No.: 18 of 1884.
lPiers and Wharves (Johnson's).
No. 18 of 1884.
An Ordinance to, authorise FRANCIS BULKELEY JOHNSON to-
construct piers jad wharves in the harbour of Victoria, and
to confer upon the said FRANCiS BULKELEY J01INSON
certain other powers and privileges. -
[12th [12tH June, 1884.]
Yreamblc. WHEREAS FRANCIS BULKELEY JOHNSON, of Victoria, Hongkong,
merchant, is desirous of constructing, with the consent of the
'Crown, piers and wharves in the harbour of Victoria, for purposes in
relation to the loading, discharging, and storing of cargo; And whereas
the said FRANCIS BULBELEY JOHNSON has applied to the Government of
the Colony, to confer upon him the necessary powers for carrying out
tie construction of such piers and wharves, by means of a Public Ordi-
nance, and it is expedient that such an. Ordinance should be granted to,
the said FRANCIS BUIrKELEY JOHNSON, under and subject to the conditions,
restrictions and provisions hereinafter contained : Be it therefore
enacted
by the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :---
z>awEr to 1. It shall be lawful for the. said FRArrcis BULKELEY JOHNSON
his.
,-construct
1---Wharves And.executors, .administrators or assigns, to construct and
maintain for his.
r1~rs. and their exclusive use, wharve'a between high and love-water mark,
and
piers extending into the harbour of Victoria at and from any part or
parts,
of that portion of the public Praya which lies directly opposite to the
pieces or parcels of ground registered in the Land Office of the Colony,
as,Marine Iso~s 95, M, 97 and 98 respectively, which wharves and piers
.and the,works in connection therewith authorised by this Ordinance are
,hereinafter referred to as the undertaking
Plans. and 2. The said wharves and piers shall be ^ constructed in
accordance
with :plans arid specifications to be approved by the Governor in Council
and shall be so constructed as to secure that the free passage of vessels
along the harbour is not unduly interfered with.
3. The Said FRANCIS BULKELEY JOHNSON his, executors, administra-
tors or assigns may, from time to, time, make.any alterations in, or addi-
ction's to,: the said wharves aid- hers, provided the same be in
accordance
with plans and specifications to- be approved by the Governor in Council-
Alterations
andadditaons.
OIIDINA.XCE INO. 18 ,OF 188.
Piers and Orharres (Johnson*).
4. It shall be lawful for the said FR'A'NCIS Btu LICEnEY Joir,z,ox` his
rowe, tk,
executors, administrators or assigns, from till,(, to tinie to lay doWu,
tminway.,
maintain, and renew sunken and overhead t.rarn'vvays, ®r either al` such
tramways from the piers and wharves, acro,~s tire I'cthlic Prazya connect-
ing the wharves and piers with the premises of the said FRANCIS Buz,KE.
Lr.Y JawTso-.r his executors, administrators or rassi(,rnx situated. ors
the
Avarine Lots aforesaid or adjbining the same. I'rav icl(A that all such
tramways shall be laid in accordance with :a specification to be approved
by the Governor in Council, and that the laying and ruairitr~inithereoF
and the necessary works in connection therewith shall bo candrrcd its ,
such manner, and subject to such conditions a s the Surveyor General for
the time being may require.
5. The said FsANCcs BcrnrEnlarJouvsa.-; his e-zecutors, administrators
or assigns shall cause to be affixed on the said vlzarves and piers, and
to lie
exhibited from sunset to sunrise, such 1i,~1 is us the Harbour Nlaster
rrlay
from time to time direct. ~ r
i
6. The said FtznN-Ccs BUz.hEr.ET JOHNSON ears executors, adirzrnrsfira'
t1~s~'~.rxt,~,t,
torn or assigns shall take such measures as the Governor in Council may
require to prevent silting or the accumulation lof mud, sand, car other
matter around the wharves and piers; and shall con Form~ta such reulu-
tians as the Governor in Council may deem it expedient to make from
time to tune for the purpose of prevent?ng obstruction to the tragic of
the. f'raya.
7. In the event of the said FRANCIS BuLxrr.~:YaottxsaN his executors,
~
administrators or assigns marina default in complying with the pravi-
,,'nti< mn,yro~
. i s . Silting, k'4t'.
signs in the last preceding section relaling to the pr~`ventrou of
szltrrrg, or
accumulation of mud, sand, or other matter arourrdr the wharves or biers,
the Governor in Council, if satisfied after due enquiry made that the said
FRANCIS BITLKELEY JoHrrsox 'his exeCutors, administrators or assigns,
has or have been guilty of the alleged default, shall make nn antler to he
served on the said Fa.Arrezs*BULKELEY Jozzzvfisox hip executors,
aclrnini:~tra-
tors or assigns, limiting a time for tine perf`orznapcc of his or their
duty
in tat behalf, and if such duty is not performed lay the titn:c 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 expensesi of per^
forznin; the same, together with a reason*lbl& remuneration to the person
or, persons appointed for superintending such performance, and amount-
ORDINANCE No. 18 of 1884.
Piers and Wharves (Johnson's).
w
'Priority of
use to Queen's
,hips.
ing to a sum to be specified in the order, together with the costs of pro-
ceedings ( if any) shall be paid by the said IintAr cIS BULKELEY JOHNSON
his executors, administrators or assigns, and any order made for the pay-
ment of such expenses IN 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.
8. All vessels belonging to, or engaged in the service of Her. VI
jesty's Government shall have priority of use of the wharves and piers at
the ordirkaty current rates for mercantile vessels, without prejudice to
the rights of other vessels actually using the wharves or piers, and alt
other vessels shall have the right of using the wharves and piers at the
current rates in order ,~of priority of application subject nevertheless
to
any rules and regulation, which may be made under the provisions of
section 9 of this Ordinance. '
Powers to 3. It shall be lawful for theLEY JOHNSON
his
make rules ..
anal regnla- executors, ad1n1n1FatratOZ'S or assigns, from* t1W t0 time
to make such
males and regulations as may be necessary for the use and due mainten-
ance of the wharves and piers and tramways in connection therewith.
Provided always that no such rules and regulations, nor any repeal or
variation thereof, shall come into force until the same shall have been
ap-
proved by the Governor in Council, and shall have been -published in the
Gazette.
Penalty for
breaCh.Of
rules. and '
10, Every person who shall commit a breach of any of ibe rules
and regulations made in pursuance of this Ordinance, shall, on summary
conviction thereof before a Magistrate, be liable to a fine not exceeding
4.fty dollar s. ''
Proof of rules 11. In all proceedings before any Court, the rules and
regulations
and reguln,-
ti<~r~.s,
vn force for the time being under. this Ord~nance, shall be sufficiently
proved by the production of a copy of the Gazette in which the same shall
be published and contained.
12. If the said Fr,ANcjs I3t;DKirLEY JOIiNSONhis executors, administrri-
tors or assigns shall fail to make or vary such rules and regulations,.
aF, in
the opinion of the Governor in Council are requisite for the protection of
the rights of the inhabitants of the Colony, and for the prevention of
injury to navigation, the Governor in Council shall make an order to be
served upon the said FRAl`czs BL`LKELEY JOHNSON his executors, admin-
GaVBL'1101' in
Council may
make rules
rind reaula-
tiatts in=
certain. event.
ORDINAN,C.E No. 18, of 188,4.
Piers and Wharves (JoAnsows).
nistrators or assigns, limiting a tune for tile rnakinm or varyin,of such
rules and rejvlations, and if such rules and regulations are not made or
varied by the time prescribed in such order, the Governor in Council may
map.` or nary such rules and regulations, wlJidi 'when made, or varied,
and published in the Gazette, shall have the same force and effect as if
tliey~ were specially enacted herein.
13. The said h'rLwcls 13L'LZiFLEY JoFrVSO.-Lt his executors, adminis-
trators or assigns shall, from tune to time, cause to be painted on
boards,
or to be printed and attached in lame and legible ,characters-in English
and Chinese, a statement of the rules and regulations in force and a lisrt
of the several rates for the time being payable and shall cause such
boards
containing such statement and list to be fired on some conspicuous part
of the wharves or piers and no rate shall be payable during such tin-re as
such list is not so ^fftaerl nor shall any .rats not specified in such
list be
payable. Provided that if any ouch statement or list be destroyed, in-
jured or obliterated the rates .shall continue payable dLZ.rin~ such time
as
may be reasonably requirvd for the reatoratiotl or reparation of such list
in the same manner as if 'such statement and list had continued affixed
and in tile state required by this Ordinance.
1$. If at any time before the completion of the works, the said,
FRANCIS BULKELEY JOHNSON his executors, administrators or assigns shall
fail to proceed therewith for a period of ix months, ox after the comple-
tion thereof shall diszz5e the same; or any part thereof for six months,
without affording to tile ~Governor in Council some satisfactory reason
for the discontinuance or disuse of the said works, (as the aape may be),
it shall be lawful for the Governor in. Council to mate a,w! remove the
same, and restore the site thereof to its former condition at the cost of
'the said Ii'1;.ANCrs BULICCLEY JormsoN his executors, administrators or
assigns, and the amount c~f such cost shall be a debt due to the Govern-
ment, and recoverable against the said h'n,A~Tcis hLTLKL:LI:Y JOHNSON his
executors, administ.rntorg or assigns accordinbly.
1'~J' . Subject to the approval of the Governor in Council being first
Power ro gell-
ol.4tained (but not otherwise), tile said FinNCrs 'BULKELEY JOHNSON, his
executors, administrators or assigns, may at any tune, and from tune to
time sell, assibn or absolutely dispos' of the undertaking or any dart -or
parts thereof, to such person, corporation, car company, by. public
auction,
or private contract or partly by public auction and .partly by private
con-
1817
pules and
repulations h,-
be palnted
and eahit-
Power to
Governor iii
Council to
abate and
remove works
ita certain,
events.
ORDINANCE 'N~.. ~ 18 0F^ 1884.
Power to
mortgage.
.Piers and Wharves (Jrohnson's).
tract; and with, under and subject to such terms and conditions in all
'respects as the said FRANCIS 13uzKFZ.rY JoHNsorr his executors, adminis-
trators or assigns shall think fir, with power at any such sale to fix a
reserve price for, or buy in-the same, and when ally such sale,
assignment,.
,or absolute disposal has been made, all the rights, powers, authorities
obligations and liabilities of the said Ii'RANcls I3ULKELEY JoHNso,.~- his
executors, administrators or assigns in respect to the undertaking or pact
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 absclutely disposed 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 him or them by this Ordinance, and in
reference to the same he or they shall he deemed to be the said FRANCIS
BUZaKELEY JOHNSON his executors, administrators of assigns.
16. Subject to the approval of the Governor in Council being first
obtained (but not otherwise), the said FRANCIS BULKELEY Jozz:~soN his
executors, administrators- or assigns may, at any time and from time to
time demise theirundertakinbs 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 period, aced fur such rent or rents, and upon
such
terms and conditions in all respects, as the said FRANCIS BULKELEY
JnI3NSU\ his executors, administrators or assigns shall think fit to
adopt,
to take effect either in possession or reversion, and either with or
without
a vpremium, :nr premiums, as a consideration or considerations for such
vAEmise or demises. .
17. It shall be lawful for the said FRANCIS 1)ULKELFY JOIiNSOV his
executors, administrators or assigns, from tune 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 +)iers to any person or persons, corpora=
tion, or company, and to enter into all such covenants, provisoes,
declara-
.tions and agreements as the said FRANczs BULKELEY JOHNSON his
executo-rs, administrators or assigns shall think fit and proper. .
' 1$. 'r-he .rights; powers,,aanthprivileges granted by this Ordinance to
the-°saidT$ATOISWULKELEY, JOHNSON his executors, admi_inis-trators .and
.OPDINANCE No. 1&,orI884.
`Piers and TYIeames (T©hnson's). ^
F
assigans, shall continue in force for twenty years to be computed f~ain
the
date of the proclamation thereof. Provided always that the Governor in
Council may, from time to time, so often as the Governor in Council shall
think it expedient, by order, to be published in the Gazette, declare that
1lae duration of such rights, powers, and privileges shall be extended far
any further term or terms not exceeding ten yearn at a time, and there-
upon such rights, powers, and privileges shall continue in force for such
extended period.
19. Up,-,n the cessation of the r iglots, powers, and privileges granted
cn,.ita»n of
by this Ordinance, it shall be at the option of the Governor in Council -
to to purchase tl-re wharves and piers and works by this Ordinance
authorised
from the said h,RANcis 1Wr,hrLrY JOHNSON, his executors, administrators,
or assigns for a. price which shall be exclusive of any allowance for past
or future profits of the undertaking, or any compensation for compulsory
sale, to be determined ,irr case of difference by two arbitrators to be
nominated one by the Governor in Cor.incil, and the other by the said
FRawcrs BuzhcLLY JOI3Na0N, his executors, administrators, or assigns;
and in case the said arbitpators cannot agree, by an umpire to be agreed
upon between them. If the Governor in Council does not exercise the
option to buy within one month of such cessation as aforesaid, the said
FRANCIS BULIiELEY JOHNSON, his executors, administrators, and assians
shall, at their own expense, remove the said wharves and piers and works,
,Ind restore the site thereof to its former condition, and in the event of
their failure to do so within one year of the date of such cessation, it
shall
be lawful for the Governor in Council to abate and remove the carne,
and restore the site thereof to its former condition at the cost of the
said
FR ANCIS BLTLKLLEY JOHNSON, his executors, administrators, or assigns,_
end the amount of such cost shall be a debt due to the Government, and
recoverable against the said FRANCIS I3ULKrmE~.T JOHNSON, his executors,
administrators, or assigns accordingly.
20. 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 c;~ piers. are to be constructed, or
the-lands or foreshore adjoining the same, and the powers and privileges
'liven 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, from; and under them except as
herein otherwise provided.
savin~- of
ORDINANCE No. 18 of 1884.
Piers and Wharves (Johnson's).
2-1. This Ordinance siwll come into force on a day to be proclaiLneci
arm.rit of
untirl'tr~c.a.by the Governor.
NOTE.--Conformation proclrzinzed 23rd Septenzber, 1884, but no
proclamation as to the
day for the coming inl'b operation of the Ordinance has been _gazetted.]
Rules and regulations 7nade by Messrs. fardine, 1VLztlaeson d; Co., the
Assignees of
Francis Bullceley Johnson, .Esquire, pursuant to sections 9 and 10 of
Ordinance 18
of 1884, and approved by the Governor in Council the 24t1a September,
1885.
Gazette 26th of the same month.]
JARDINE, MATHESON & Co.'s PIER.
1. Vessels will be allotted berths at the pier in the order in which
application
therefor may have been mule at the office of the General Agents.
The proprietors ur~dertake no responsibility. for any damage that may, be
sustaine:l by a vessel while coning alongside the pier or leaving it; but
they will
provide every assistance in their power to the vaster, and have men in
attendance to
run out and let go lines, shove off, &c!, and a boat will always be
available for running
lines to the buoys.
3. Every vessel that shall come into collision with the pier, or
otherwise injure
it, whether in consequence of the incompetence or carelessness of the
pilot, master,
or, officers, or from any other' cause, shall b© responsible for the
repair o£ the damage.
4. Masters or commanding officers shall rig in the jib and spanker booms
of'
their vessels, while alongside the pier, on being required to do so by
the wharfinger.
5. No sails may be left loose at night on board any vessel, while she is
alongside
the pier, and, if any should be loose during daylight, the master or
commanding -
officer shall store them on being required to do so Ly the wharfinger.,
6. The master or commanding officer o£ any vessel alongside the pier,
shall shift
his berth irrimediately on being required to do so by the wharfinger.
7. The discharge of every vessel shall comtuend4e - immediately on her
arrival at
the pier, and be continued, with all possible despatch, daily from sun
rise to sun set,
until it shall have been completed. . Any delay that may arise in
proceeding with tie
discharge, from want of ballast, labpur, or from app other cause, for
which the master,
owners, or agents may be responsible, shall subject tie vessel to an
additional charge,
ov ~r. and above the tariff rate for wharfage, of dollars twenty-five
($25.) for the first
day; and dollars twenty-five ($25.) per dap for each subsequent day she
may be detained.
$: On the completion of the .discharge of cargo, the master or commandi'na
officer of every vessel must remode her from the pier immediately. If
there should
be guy delay, an additional rate will be levied, over and above the
tariff rate, of dollar
twenty-five (825.) for the first day, yd dollars twenty-five ($25.) per
day for each
subsequent day, she may be permitted to remain.
9. No ashes, dirt or other refuse''shall be thrown overboard from any
vessel while
she may he alongside the pier.
ORDINANCE No. 18 of 1884.
Piers and Wharves (Johnson's).
10. No persons not in the employment of the proprietors, nor belonging to
vessers alongside the pier, shall be allowed to walk or be on the bier,
without the
licence of the wharfinger.
11. No wab ;ors, carriages, carts, trucks or other co..veyances shall be
taken on
to the pier without the licence of the wharfinger.
12, No nuisance shall be committed on or about the pier.
13. Masters or commanding officers shall be held responsible for the
crews and
workmen employed on. board their respective vessels and for any
infringement by
they of the foregoing rules and regulations.
14. Every person who shall commit a breach of and of the foregoiag _ ales
and
regulations shall, on summary conviction before a Magistrate, he liable
to a fine of
not exceeding dollars fifty ($50.).
1814
Preamble.
Power to construct wharves and piers.
Plans and specifications.
Alterations and additions.
1815
Power to lay down tramways.
Lights.
Prevention of silting, &c.
Proceeding on non-prevention of silting, &c.
1816
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.
1817
Rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
Power to sell.
1818
Power to demise.
Power to mortgage.
Duration of Ordinance.
1819
Cessation of powers.
Saving of rights.
1820
Commencement of Ordinance.
1821
lPiers and Wharves (Johnson's).
No. 18 of 1884.
An Ordinance to, authorise FRANCIS BULKELEY JOHNSON to-
construct piers jad wharves in the harbour of Victoria, and
to confer upon the said FRANCiS BULKELEY J01INSON
certain other powers and privileges. -
[12th [12tH June, 1884.]
Yreamblc. WHEREAS FRANCIS BULKELEY JOHNSON, of Victoria, Hongkong,
merchant, is desirous of constructing, with the consent of the
'Crown, piers and wharves in the harbour of Victoria, for purposes in
relation to the loading, discharging, and storing of cargo; And whereas
the said FRANCIS BULBELEY JOHNSON has applied to the Government of
the Colony, to confer upon him the necessary powers for carrying out
tie construction of such piers and wharves, by means of a Public Ordi-
nance, and it is expedient that such an. Ordinance should be granted to,
the said FRANCIS BUIrKELEY JOHNSON, under and subject to the conditions,
restrictions and provisions hereinafter contained : Be it therefore
enacted
by the Governor of Hongkong, with the advice of the Legislative Council
thereof, as follows :---
z>awEr to 1. It shall be lawful for the. said FRArrcis BULKELEY JOHNSON
his.
,-construct
1---Wharves And.executors, .administrators or assigns, to construct and
maintain for his.
r1~rs. and their exclusive use, wharve'a between high and love-water mark,
and
piers extending into the harbour of Victoria at and from any part or
parts,
of that portion of the public Praya which lies directly opposite to the
pieces or parcels of ground registered in the Land Office of the Colony,
as,Marine Iso~s 95, M, 97 and 98 respectively, which wharves and piers
.and the,works in connection therewith authorised by this Ordinance are
,hereinafter referred to as the undertaking
Plans. and 2. The said wharves and piers shall be ^ constructed in
accordance
with :plans arid specifications to be approved by the Governor in Council
and shall be so constructed as to secure that the free passage of vessels
along the harbour is not unduly interfered with.
3. The Said FRANCIS BULKELEY JOHNSON his, executors, administra-
tors or assigns may, from time to, time, make.any alterations in, or addi-
ction's to,: the said wharves aid- hers, provided the same be in
accordance
with plans and specifications to- be approved by the Governor in Council-
Alterations
andadditaons.
OIIDINA.XCE INO. 18 ,OF 188.
Piers and Orharres (Johnson*).
4. It shall be lawful for the said FR'A'NCIS Btu LICEnEY Joir,z,ox` his
rowe, tk,
executors, administrators or assigns, from till,(, to tinie to lay doWu,
tminway.,
maintain, and renew sunken and overhead t.rarn'vvays, ®r either al` such
tramways from the piers and wharves, acro,~s tire I'cthlic Prazya connect-
ing the wharves and piers with the premises of the said FRANCIS Buz,KE.
Lr.Y JawTso-.r his executors, administrators or rassi(,rnx situated. ors
the
Avarine Lots aforesaid or adjbining the same. I'rav icl(A that all such
tramways shall be laid in accordance with :a specification to be approved
by the Governor in Council, and that the laying and ruairitr~inithereoF
and the necessary works in connection therewith shall bo candrrcd its ,
such manner, and subject to such conditions a s the Surveyor General for
the time being may require.
5. The said FsANCcs BcrnrEnlarJouvsa.-; his e-zecutors, administrators
or assigns shall cause to be affixed on the said vlzarves and piers, and
to lie
exhibited from sunset to sunrise, such 1i,~1 is us the Harbour Nlaster
rrlay
from time to time direct. ~ r
i
6. The said FtznN-Ccs BUz.hEr.ET JOHNSON ears executors, adirzrnrsfira'
t1~s~'~.rxt,~,t,
torn or assigns shall take such measures as the Governor in Council may
require to prevent silting or the accumulation lof mud, sand, car other
matter around the wharves and piers; and shall con Form~ta such reulu-
tians as the Governor in Council may deem it expedient to make from
time to tune for the purpose of prevent?ng obstruction to the tragic of
the. f'raya.
7. In the event of the said FRANCIS BuLxrr.~:YaottxsaN his executors,
~
administrators or assigns marina default in complying with the pravi-
,,'nti< mn,yro~
. i s . Silting, k'4t'.
signs in the last preceding section relaling to the pr~`ventrou of
szltrrrg, or
accumulation of mud, sand, or other matter arourrdr the wharves or biers,
the Governor in Council, if satisfied after due enquiry made that the said
FRANCIS BITLKELEY JoHrrsox 'his exeCutors, administrators or assigns,
has or have been guilty of the alleged default, shall make nn antler to he
served on the said Fa.Arrezs*BULKELEY Jozzzvfisox hip executors,
aclrnini:~tra-
tors or assigns, limiting a time for tine perf`orznapcc of his or their
duty
in tat behalf, and if such duty is not performed lay the titn:c 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 expensesi of per^
forznin; the same, together with a reason*lbl& remuneration to the person
or, persons appointed for superintending such performance, and amount-
ORDINANCE No. 18 of 1884.
Piers and Wharves (Johnson's).
w
'Priority of
use to Queen's
,hips.
ing to a sum to be specified in the order, together with the costs of pro-
ceedings ( if any) shall be paid by the said IintAr cIS BULKELEY JOHNSON
his executors, administrators or assigns, and any order made for the pay-
ment of such expenses IN 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.
8. All vessels belonging to, or engaged in the service of Her. VI
jesty's Government shall have priority of use of the wharves and piers at
the ordirkaty current rates for mercantile vessels, without prejudice to
the rights of other vessels actually using the wharves or piers, and alt
other vessels shall have the right of using the wharves and piers at the
current rates in order ,~of priority of application subject nevertheless
to
any rules and regulation, which may be made under the provisions of
section 9 of this Ordinance. '
Powers to 3. It shall be lawful for theLEY JOHNSON
his
make rules ..
anal regnla- executors, ad1n1n1FatratOZ'S or assigns, from* t1W t0 time
to make such
males and regulations as may be necessary for the use and due mainten-
ance of the wharves and piers and tramways in connection therewith.
Provided always that no such rules and regulations, nor any repeal or
variation thereof, shall come into force until the same shall have been
ap-
proved by the Governor in Council, and shall have been -published in the
Gazette.
Penalty for
breaCh.Of
rules. and '
10, Every person who shall commit a breach of any of ibe rules
and regulations made in pursuance of this Ordinance, shall, on summary
conviction thereof before a Magistrate, be liable to a fine not exceeding
4.fty dollar s. ''
Proof of rules 11. In all proceedings before any Court, the rules and
regulations
and reguln,-
ti<~r~.s,
vn force for the time being under. this Ord~nance, shall be sufficiently
proved by the production of a copy of the Gazette in which the same shall
be published and contained.
12. If the said Fr,ANcjs I3t;DKirLEY JOIiNSONhis executors, administrri-
tors or assigns shall fail to make or vary such rules and regulations,.
aF, in
the opinion of the Governor in Council are requisite for the protection of
the rights of the inhabitants of the Colony, and for the prevention of
injury to navigation, the Governor in Council shall make an order to be
served upon the said FRAl`czs BL`LKELEY JOHNSON his executors, admin-
GaVBL'1101' in
Council may
make rules
rind reaula-
tiatts in=
certain. event.
ORDINAN,C.E No. 18, of 188,4.
Piers and Wharves (JoAnsows).
nistrators or assigns, limiting a tune for tile rnakinm or varyin,of such
rules and rejvlations, and if such rules and regulations are not made or
varied by the time prescribed in such order, the Governor in Council may
map.` or nary such rules and regulations, wlJidi 'when made, or varied,
and published in the Gazette, shall have the same force and effect as if
tliey~ were specially enacted herein.
13. The said h'rLwcls 13L'LZiFLEY JoFrVSO.-Lt his executors, adminis-
trators or assigns shall, from tune to time, cause to be painted on
boards,
or to be printed and attached in lame and legible ,characters-in English
and Chinese, a statement of the rules and regulations in force and a lisrt
of the several rates for the time being payable and shall cause such
boards
containing such statement and list to be fired on some conspicuous part
of the wharves or piers and no rate shall be payable during such tin-re as
such list is not so ^fftaerl nor shall any .rats not specified in such
list be
payable. Provided that if any ouch statement or list be destroyed, in-
jured or obliterated the rates .shall continue payable dLZ.rin~ such time
as
may be reasonably requirvd for the reatoratiotl or reparation of such list
in the same manner as if 'such statement and list had continued affixed
and in tile state required by this Ordinance.
1$. If at any time before the completion of the works, the said,
FRANCIS BULKELEY JOHNSON his executors, administrators or assigns shall
fail to proceed therewith for a period of ix months, ox after the comple-
tion thereof shall diszz5e the same; or any part thereof for six months,
without affording to tile ~Governor in Council some satisfactory reason
for the discontinuance or disuse of the said works, (as the aape may be),
it shall be lawful for the Governor in. Council to mate a,w! remove the
same, and restore the site thereof to its former condition at the cost of
'the said Ii'1;.ANCrs BULICCLEY JormsoN his executors, administrators or
assigns, and the amount c~f such cost shall be a debt due to the Govern-
ment, and recoverable against the said h'n,A~Tcis hLTLKL:LI:Y JOHNSON his
executors, administ.rntorg or assigns accordinbly.
1'~J' . Subject to the approval of the Governor in Council being first
Power ro gell-
ol.4tained (but not otherwise), tile said FinNCrs 'BULKELEY JOHNSON, his
executors, administrators or assigns, may at any tune, and from tune to
time sell, assibn or absolutely dispos' of the undertaking or any dart -or
parts thereof, to such person, corporation, car company, by. public
auction,
or private contract or partly by public auction and .partly by private
con-
1817
pules and
repulations h,-
be palnted
and eahit-
Power to
Governor iii
Council to
abate and
remove works
ita certain,
events.
ORDINANCE 'N~.. ~ 18 0F^ 1884.
Power to
mortgage.
.Piers and Wharves (Jrohnson's).
tract; and with, under and subject to such terms and conditions in all
'respects as the said FRANCIS 13uzKFZ.rY JoHNsorr his executors, adminis-
trators or assigns shall think fir, with power at any such sale to fix a
reserve price for, or buy in-the same, and when ally such sale,
assignment,.
,or absolute disposal has been made, all the rights, powers, authorities
obligations and liabilities of the said Ii'RANcls I3ULKELEY JoHNso,.~- his
executors, administrators or assigns in respect to the undertaking or pact
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 absclutely disposed 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 him or them by this Ordinance, and in
reference to the same he or they shall he deemed to be the said FRANCIS
BUZaKELEY JOHNSON his executors, administrators of assigns.
16. Subject to the approval of the Governor in Council being first
obtained (but not otherwise), the said FRANCIS BULKELEY Jozz:~soN his
executors, administrators- or assigns may, at any time and from time to
time demise theirundertakinbs 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 period, aced fur such rent or rents, and upon
such
terms and conditions in all respects, as the said FRANCIS BULKELEY
JnI3NSU\ his executors, administrators or assigns shall think fit to
adopt,
to take effect either in possession or reversion, and either with or
without
a vpremium, :nr premiums, as a consideration or considerations for such
vAEmise or demises. .
17. It shall be lawful for the said FRANCIS 1)ULKELFY JOIiNSOV his
executors, administrators or assigns, from tune 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 +)iers to any person or persons, corpora=
tion, or company, and to enter into all such covenants, provisoes,
declara-
.tions and agreements as the said FRANczs BULKELEY JOHNSON his
executo-rs, administrators or assigns shall think fit and proper. .
' 1$. 'r-he .rights; powers,,aanthprivileges granted by this Ordinance to
the-°saidT$ATOISWULKELEY, JOHNSON his executors, admi_inis-trators .and
.OPDINANCE No. 1&,orI884.
`Piers and TYIeames (T©hnson's). ^
F
assigans, shall continue in force for twenty years to be computed f~ain
the
date of the proclamation thereof. Provided always that the Governor in
Council may, from time to time, so often as the Governor in Council shall
think it expedient, by order, to be published in the Gazette, declare that
1lae duration of such rights, powers, and privileges shall be extended far
any further term or terms not exceeding ten yearn at a time, and there-
upon such rights, powers, and privileges shall continue in force for such
extended period.
19. Up,-,n the cessation of the r iglots, powers, and privileges granted
cn,.ita»n of
by this Ordinance, it shall be at the option of the Governor in Council -
to to purchase tl-re wharves and piers and works by this Ordinance
authorised
from the said h,RANcis 1Wr,hrLrY JOHNSON, his executors, administrators,
or assigns for a. price which shall be exclusive of any allowance for past
or future profits of the undertaking, or any compensation for compulsory
sale, to be determined ,irr case of difference by two arbitrators to be
nominated one by the Governor in Cor.incil, and the other by the said
FRawcrs BuzhcLLY JOI3Na0N, his executors, administrators, or assigns;
and in case the said arbitpators cannot agree, by an umpire to be agreed
upon between them. If the Governor in Council does not exercise the
option to buy within one month of such cessation as aforesaid, the said
FRANCIS BULIiELEY JOHNSON, his executors, administrators, and assians
shall, at their own expense, remove the said wharves and piers and works,
,Ind restore the site thereof to its former condition, and in the event of
their failure to do so within one year of the date of such cessation, it
shall
be lawful for the Governor in Council to abate and remove the carne,
and restore the site thereof to its former condition at the cost of the
said
FR ANCIS BLTLKLLEY JOHNSON, his executors, administrators, or assigns,_
end the amount of such cost shall be a debt due to the Government, and
recoverable against the said FRANCIS I3ULKrmE~.T JOHNSON, his executors,
administrators, or assigns accordingly.
20. 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 c;~ piers. are to be constructed, or
the-lands or foreshore adjoining the same, and the powers and privileges
'liven 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, from; and under them except as
herein otherwise provided.
savin~- of
ORDINANCE No. 18 of 1884.
Piers and Wharves (Johnson's).
2-1. This Ordinance siwll come into force on a day to be proclaiLneci
arm.rit of
untirl'tr~c.a.by the Governor.
NOTE.--Conformation proclrzinzed 23rd Septenzber, 1884, but no
proclamation as to the
day for the coming inl'b operation of the Ordinance has been _gazetted.]
Rules and regulations 7nade by Messrs. fardine, 1VLztlaeson d; Co., the
Assignees of
Francis Bullceley Johnson, .Esquire, pursuant to sections 9 and 10 of
Ordinance 18
of 1884, and approved by the Governor in Council the 24t1a September,
1885.
Gazette 26th of the same month.]
JARDINE, MATHESON & Co.'s PIER.
1. Vessels will be allotted berths at the pier in the order in which
application
therefor may have been mule at the office of the General Agents.
The proprietors ur~dertake no responsibility. for any damage that may, be
sustaine:l by a vessel while coning alongside the pier or leaving it; but
they will
provide every assistance in their power to the vaster, and have men in
attendance to
run out and let go lines, shove off, &c!, and a boat will always be
available for running
lines to the buoys.
3. Every vessel that shall come into collision with the pier, or
otherwise injure
it, whether in consequence of the incompetence or carelessness of the
pilot, master,
or, officers, or from any other' cause, shall b© responsible for the
repair o£ the damage.
4. Masters or commanding officers shall rig in the jib and spanker booms
of'
their vessels, while alongside the pier, on being required to do so by
the wharfinger.
5. No sails may be left loose at night on board any vessel, while she is
alongside
the pier, and, if any should be loose during daylight, the master or
commanding -
officer shall store them on being required to do so Ly the wharfinger.,
6. The master or commanding officer o£ any vessel alongside the pier,
shall shift
his berth irrimediately on being required to do so by the wharfinger.
7. The discharge of every vessel shall comtuend4e - immediately on her
arrival at
the pier, and be continued, with all possible despatch, daily from sun
rise to sun set,
until it shall have been completed. . Any delay that may arise in
proceeding with tie
discharge, from want of ballast, labpur, or from app other cause, for
which the master,
owners, or agents may be responsible, shall subject tie vessel to an
additional charge,
ov ~r. and above the tariff rate for wharfage, of dollars twenty-five
($25.) for the first
day; and dollars twenty-five ($25.) per dap for each subsequent day she
may be detained.
$: On the completion of the .discharge of cargo, the master or commandi'na
officer of every vessel must remode her from the pier immediately. If
there should
be guy delay, an additional rate will be levied, over and above the
tariff rate, of dollar
twenty-five (825.) for the first day, yd dollars twenty-five ($25.) per
day for each
subsequent day, she may be permitted to remain.
9. No ashes, dirt or other refuse''shall be thrown overboard from any
vessel while
she may he alongside the pier.
ORDINANCE No. 18 of 1884.
Piers and Wharves (Johnson's).
10. No persons not in the employment of the proprietors, nor belonging to
vessers alongside the pier, shall be allowed to walk or be on the bier,
without the
licence of the wharfinger.
11. No wab ;ors, carriages, carts, trucks or other co..veyances shall be
taken on
to the pier without the licence of the wharfinger.
12, No nuisance shall be committed on or about the pier.
13. Masters or commanding officers shall be held responsible for the
crews and
workmen employed on. board their respective vessels and for any
infringement by
they of the foregoing rules and regulations.
14. Every person who shall commit a breach of and of the foregoiag _ ales
and
regulations shall, on summary conviction before a Magistrate, he liable
to a fine of
not exceeding dollars fifty ($50.).
1814
Preamble.
Power to construct wharves and piers.
Plans and specifications.
Alterations and additions.
1815
Power to lay down tramways.
Lights.
Prevention of silting, &c.
Proceeding on non-prevention of silting, &c.
1816
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.
1817
Rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
Power to sell.
1818
Power to demise.
Power to mortgage.
Duration of Ordinance.
1819
Cessation of powers.
Saving of rights.
1820
Commencement of Ordinance.
1821
Abstract
1814
Preamble.
Power to construct wharves and piers.
Plans and specifications.
Alterations and additions.
1815
Power to lay down tramways.
Lights.
Prevention of silting, &c.
Proceeding on non-prevention of silting, &c.
1816
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.
1817
Rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
Power to sell.
1818
Power to demise.
Power to mortgage.
Duration of Ordinance.
1819
Cessation of powers.
Saving of rights.
1820
Commencement of Ordinance.
1821
Preamble.
Power to construct wharves and piers.
Plans and specifications.
Alterations and additions.
1815
Power to lay down tramways.
Lights.
Prevention of silting, &c.
Proceeding on non-prevention of silting, &c.
1816
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.
1817
Rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
Power to sell.
1818
Power to demise.
Power to mortgage.
Duration of Ordinance.
1819
Cessation of powers.
Saving of rights.
1820
Commencement of Ordinance.
1821
Identifier
https://oelawhk.lib.hku.hk/items/show/462
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 18 of 1884
Number of Pages
8
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PIERS AND WHARVES (JOHNSON'S) ORDINANCE,” Historical Laws of Hong Kong Online, accessed May 21, 2025, https://oelawhk.lib.hku.hk/items/show/462.
