PIERS AND WHARVES (CHATER'S) ORDINANCE

PIERS AND WHARVES (CHATER'S) ORDINANCE

Piers and Wharves (Chater's)

No. 19 of 1884.

An Ordinance to authorise CATCHICK PAUL CHATER, to con-
struct piers and wharves in the harbour of Victoria, and to
confer upon the said CATCHICK PAUL CHATER certain
other powers and privilege.

[12th June, 1884.]

WHEREAS CATCHICK PAUL CliArr~R, of Victoria, Hongkong, is x're.t,nble.
desirous of construct' o~, with the consent of the ~Crown piers,
lnb , p
n,nd
wharves, in the harbour of Victoria, and certain tramways in connex-
ion therewith, for the purpose of removing and storing, loa,dinb, and
discharging cargo ; And -vrhereas the-said CATCHICK PAUL GiHATER has
applied to the Government of the Colony, to confer upon him the neces- -
s Lry powers for carrying out the constrnetion of such piers, wharves, and
tramways by means of a P,ub~ic nrdin-ance, and it is expedient that such
an Ordinance should be granted to the said CATCHICK PAUL CHATEM,
under and subject to the conditions, restrictions and provisions
hereinafter
contained: Be it enacted by the Governor of Hongkong, with the advice
of the Legislative Council thereof, as follows :=-
1. It shall be lawful for the bald CATCHICK PAUL CI;ATnr1 his
execu- i>ower t,>
tors, administrators or assigns, to conk~truct and maintain, for his and
wharves and
their exclusive use, wharves between high and low-water mark, and
piers piers.
txtendina into the harbour of Victoria, at and from any part or parts of
and '-Idclitio)is.

Power to
lay down

ORDIIVTAJiCE No: 19 of 1884.

Piers and d 'Wharves (Chater's.)

that portion of land which lies directly opposite to the pieces or parcels
of ground registered in the Land Office of the Colony as Kauluy Marine
Lots Nos. 9, 11, ZO and 21 respectively, which wharves and piers and
the works in connection tliLrewith authorised by this Ordinance are here-
inafter referred to as the undertaking.

I>mnR <aila 2, 'the said wharves and piers shall be constructed in
accordance
~~eci ficat i.c » ~.
with plans and- specifications to be deposited in the office of the
Survey*
General and approved of 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 CnTcHzcK PAUL CI3ATE:It his executors; administrators

or assigns -may, from tine 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 be approved by the Governor in Council.

4. It shall be lawful for the Said CATCHZCK PAUL CfiATrR his eaeau-

tons, administrators or assigns, subject to*the.plans and specifications
being approved by the Governor in Council,,from time to time to lay
down, maintain and renew, sunken and overhead tramways, or either of'
such tramways, from the piers and wharves across the Praya connecting
the piers and wharves with the premises of the said (W TCFizCK PAUL.
C.trATrR his executors, administrators or assibns, situated on the Kaulun
Tots aforesaid or adjoining the same ; arid also a double line of sunken
tramways, 650 yards in length, commencing at a point opposite the
North West Corner of the aforesaid KaulungJMarine Lot No. 21, tloence
passing alonb the centre of the Praya to a point opposite the South West
Corner of the a~'oresaid Kauluna Marine Lot No. 9. The said tramways
to be provided with all proper stations, crossinbs, bridges, passinb
places,
sidings, junctions, rails and conveniences connected therewith, or for the
purposes thereof, and the said CATuHtcn ?AM, CHnTER his executors,
administrators or assigns may work and use the same. Provided always.
that before the commencement of the construction of the said sunken and
overhead tramways or either of sHCh tramways, the said CATCHICZi PALTI:
CHATER his executors, administrators or assigns shall deposit in t,,bev
office of the said Surveyor General plans and specifications spewing in
detail the mode of construction of the said sunken and overhead tram-
ways, which said plans and specifications shall be approved of by the
Governor in Council.
O-RDllaTAN`CE a. `No.' 19''©~ 'I884.

Piers vand Wharves (CkatWs).

~S. . The sunken tramways referred to in this Ordinance shall he
-con-Gauge of

structed on a gauge not exceeding 2 feet in width, and with two steel
grooved rails, which said rails shall before being laid down 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
snrfaoe of the road. Provided that the Governor in Council may from
time to time require the said CATCHICK PAUL CrHATER his executors,
administrators or assigns to adopt and apply such improvements in the
said sunken or overhead tramways including their rails, sleepers,, bridges
and substructure as experience may suggest, having regard to the greater
security of the public and advantage to the ordinary traffic, and the said
GATCHICK PAUL CHATI;R his executors, administrators or assigns shall
with all reasonable despatch, comply with any order made by the Govern-
or in Council for the purpose of carrying out any such improve me tits.

6. The said CATCxien PAUL. GnATrM his executors, administrators Power to
or assigns maY from ticre to time for the purpose of makinaw,
farming, breakup
roads.
laying down, maintaining altering, adding to or removing any
tramway, under this Ordinance, or any, part or parts thereof,
respectively,
open and break up any road subject to the following regulations:
--

1. They shall give to the Surveyor General notice of their
intention, specifying the time at which 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.

Z. They shall nod, open or break up or alter the level of .any
road except with the authority, under, the superintendence,
and to the satisfaction of the Surveyor General.

`~. When the said CATrMcK PAU-- CxATEyt his executors, adminis-
lrators or assigns shall have opened or broken up any portion of guy road,
they shall be under the following further obligations, -namely

couaple~iti~i:
of work aA`
aeinstateix~'ent
of, roacl.

1. They shall with alI convenient speed, complete the work
on account of which they opened or broke up the same,
and (subjec=t to the formation, maintaining, renewal, or
alteration of addition to or removal of the tramway) fill i,n.
:the ground and make good. the surface, and to the satisfac=
.tiou -of the Surveyor .General, restore the road - to as ~~ goad
Penalty for
trot maintain,
in.a rails at
their p'
roller
level and ire
food candi-
t inn:

0RDiI4ANCE '1'0. 19 oF~ 1884.

PierB and Wharves ffhateri)..

condition as that in which it was before, it, was opened or
broker up.

2. 'they shah ~p the meantime cause the place where the road
is opened or broken up to be fenced and watched and to
be properly lighted at night,

If the said CATCHICK PAUL CRATER his executors, administrators
or assigns fail to comply with this section, they shall, for every offence

(without prejLidice to the enforcement of the specific performance of the
requirements of this Ordinance, or to any other remedy against them) be
liable to a penalty not exceeding one hundred dollars, and to a further
penalty riot exceeding 2 .5 dollars for each day during which any such
failure continues after*the first day on which such penalty is incurred.

$. The said CATCHIC'k PAUL CHATER his executors, administrators

and assigns shall maintain in ~ood condition and repair, and at their
proper level so.as not to be a danger or ,qlnr,)yance to the ordinary
traffic,

.

the rails of which any of'the tramways for tlle time being consist, and
the substructure upon which the same rest; end if the Surveyor General.,
phall 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 be laid, then
and in such event, and so often as the same shall happen, the said
CATCrxzcr PAUL CI3ATElt his executors, administrators or assigns, shall
at his or. their own expense, alter the rails so that the uppermost
surface
thereof shall ire on a level with the surface of the road as altered,
and, if
the said CATCHICK PAUL CATER his executors, administrators or assigns
male default in complying with this sectionthey shall, for every offence,
be subject on conviction to a penalty not exceeding twenty-five dollars,
and, in case of contin'hinn offense, to a farther penalty not exceeding
ton
dollars for every day after the first on which such default continues.

9. The sold CATCHICII PAUL CHATLII his executors, administrators
'or assigns shall cause to be affixed on the said wharves and pier., and
to
be exhibited from sunset to suprise, such lights as the Harbour Mater
may from time to time direct.

Prevention 10, The said GATCITICK PAUL CRATER his executors,
administratoi's
af silting, see` or assigns shall take such measures as ,the Governor in
Council may
require to prevent silting or. the accumulation of mud, . sand, or other
mater around the wharves and piers, and shall conform -to. such regula-
ORDINANCE, No. 19 Qk vgs4.

Peers and Wharves (6`laater's~,

oohs as the Governor in Council may deem it expedient to make, from
-time to time for the purpose of preventing obstruction to the traffic 'of
the Praya.

11. In the event of the said CATCHICI% PAUL CEIATELt his executors,
administrators or assigns maliinn 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 piers,
the Governor in Council, if satis&d after due enquiry made that the said
LATCIiICK PAUL LHATEIt his executors, administrators or assigns, has or
have been guilty of the alleged default, shall make an order to be served
on the said CATcmcK PAUL CIiATER his executors, adininistrators or
assigns, limiting a time for the performance of his 4r their duty in that
behalf, and if such duty is not performed by the tune 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
same, together with a reasonable remuneration to the person or- persons
appointed for superintendiri~; such perform a,nce,-and amounting to a sum
to be specified in the order, vo;etbet' with the costs of proceedings (if
any),
shall be paid by the said CATCHICK PAUL CAATEzt his executors, adminis-
trators or assigns, and any order mach for the payment of such expenses
and 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.

12. All vessels belonging to, or eno-aged in the , service of Her
Majesty's Government shall fiave priority of use of the wharves and piers
at the ordinary current rates for mercantile vessels, without lorLjudice
to
the rights of other vessels actually wing the wharves or -piers and all
other vessels shall`have the right of using the wharves and piers at the
ct.Vrent rates in order of priority of application subject nevertheless to
any rules and regulations which may ~be made under the provisions of
section 13 of this ordinance.

13. It shall be lawful for the said CATCHtcr PAUL CRATER his
executors, administrators or assigns, from 'rime to time to make such
rules
and regulations, as may be necessary for the use and due maintenance of-
the- wharves and piers and tramways in connection, therewith. Provided
always that no such rules and. rebulati6ns, nor any repeal or variation
thereof, shall come into farce until the sate shall have been approved by
the Governor in Council, and shall have been p.pblished in ;the Gazette.
; ,

Proceeding-.
on non-pre-
vention of
silting, &e.

Priority oi'
use to GZneen'
ships.

Powers to
make rule.;
and regula-
tions.
OR DI NAX CE.~ho., h9°=0~1984:

~ ^ Pievs.~arrd Wharves. (Ckaler's).

Penalty nor : 16, Every person who shall commit a breach' f any of the
rules arid,
Yareaeh of
tees and regulations made m pursuance of this Ordinance, shall, on summary.
regdlations. conviction thereof' before a Magistrate, be liable to a fine
not exceeding
w'
fifty dollars. .
Proof of runs . 16~ In all proceedings before any Court, the rules and
regulations i~
and ragula-
dons. force for the time being under this Ordinance, shall be sufficiently
proved
by the production of a copy of the Gazette in which the same shall die
published and contained.

Itules and 17. The said CATcHzcK PALL CI3ATEIt his executors,
administrators
regulations ~
to be painted or assigns shall, from time to time, cause to be painted on
boards, or to
~eihxbi t-
'0. a
be printed and attached in large and legible characters in English, and
Chinese, _ a statement of the rules and regulations in force, and a list
of
the severar rates for the time being payable and shall cause such boards

containing *ueh statement and list to be fixed on some conspicuous part
of the W' barves~ or piers and no rate shall be payable during such time
as

v such list is not so affixed, nor shall any' rate mot specified in such
list Y e,
Provided that, if any such statement or list be destroyed;
injured or obliterated, the rates shall continue payable during
such=~tinae
as. -M ay,

reasonably required for the restoration or reparation of such.
list in the same manner as if sued statement and list hid continued
affixed.

' - and in the. state, required by this Ordinance

Dower to 1$: If at any time before the completion of the works, the:, said
Governoin
'Council to C~T~m° PAUL CHATIER his executors, administrators- or assigns
.~shall:
abate. amd ,

remove torks falto pr oEeed therewith for :a. or.,
after the completion:

in certain
events: thereof vhall disuse t1rQ- sanj.e~ ors any-part: tbereof~ far-.
s~X' : months, .without. r

ooveMa=' III . - l6. - if the said CATCmcK PAUL CRATER his executors;
administrators
Council ~or assigns shall fail to make or vary such rules and regulations,
as in the
Ana_regma-
tions in cer- opinion of the Governor in Council are requisite for the
protection of the
rights of f he 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 CATCfIICh PAUL CHATI:IZ his executors, administrators or
assigns; limiting a time for the, making or varying of such rules and
regulations, and-if such rule's and regulations are not made or varied by'
the timer prescribed in such order, the Governor in Council may make or
vary, such rules and regulations, which when made or varied, and published
in, thea Gazette, shall have the same force and effect as if they were
speeiallyerircfed' herein.
y ~ CtRDINAh'CE . No-n.70F IF884. .

Tiers.-and Wharzest(Chater's).

^ some to the Governor in Council some satisfactory reason -for the
discontinuance or disuse of the said works, (as the case 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
ACATCHICFi PAUL CRATER his executors, administrators or assigns, and
the amount of such costs .shall be a debt due-to the Government, and
recoverable against the said CATCHiCK PAUL C.ZIATFTi his executors,
administrators or assigns accordingly.

19. Subject to the approval of the Governor in Council-being first
[?~) sell.
obtained (but not otherwise), the said CATGHIGK PAUL Cz3ATEEt his
executors, administrators or assigns, may at any time, and from time to
time sell, assign or absolutely dispose of the undertaking, or any part or
parts thereof to such person, corporation, or corp.pany, by public
auction,
or private contract, or partly by public auction and partly by private
contract, and with, under and abject to such terms and conditions in all
respects as the said CATCIIICK,,P.AU.i. CRATER his
executo-s,'adininistrators
or assigns shall think fit; with power at any such sale to fix a reserve
price for, or buy in the ;ame, and when any such sale, assignment, or
absolute disposal has been made, all the rights, powers, authorities,
obligations and liabilities of the- said CaTCUzeK PAUL CATER his
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 ire, 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 disposed of, in like manner as if the undertaking, or part
or
parts thereof sold, assiped or absolutely disposed of, teas 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. be deemed to be the said CATCHicA PAUL
CRATER, his executors; administrators or assigns.

20. Subject to the approval of the Governor in Council being first
i><~,~r,a

6btained (but not otherwise), the said CATcmca PAUL CHATER his
`'~t~'``~expcutars, administrators or assigns mad, ,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 ofyears, or from
year, to year, or for. any, less -period,. and for such rent or rents,
and upon
~spch .her-rns=and conditions in all respects, as the said UTcnzcA PAUL
Piers and, Wharves (Chater's).

Power to
mort4age.

Duratioa of
ordinance.;

CRATER his executors, administrators or assigns shall think fit to adopt,
to take effect either in possession or reversion, and either with or
without

a premium or premiums, as a consideration or considerations for such
demise or demises.

`N'' 1. It shall be lawful for the said CATCHICK PAUL CRATER his
executors, administrators or assigns, from time 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 1-he said wharves and piers, to any person or persons, corpora-
tion or. company, and to enter into all such covenants, provisoes,
declara-
tions and agreements as the said CAWCHIC(t PAUL CRATER his executors,
administrators or assigns shall think fit and proper.

22. The rights, powers,,and privileges granted by this Ordinance
to the said CATCRICK PAUL CHATt,E, his executors, administrators, and
assigns, shall continue in force for twenty years to be computed from 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
the .duration of such rights, powers, and privileges shall be extended for
any, further term or terms not exceeding ten years at a time, and there-
upon such rights, powers, and privileges shall continue in force for such
extended period.

Cessation, of 23. Upon the cessation of the rights, powQrs, and privileges
granted
powers,
by this Ordinance, it shall be at the option of the Governor in. Council
to,
purchase the, wharves and piers and works by this Ordinance authorised
from the said CATCHICK PAUL CRATER, 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 cornpensation for compulsory
sale, to be determined in case of difference by two arbitrators to be
nomi-
nated one by the Governor in Council,' and the other by the said CATCHICK
PA-UL CRATER, his executors, administrators, or assigns; and in case the
said arbitrators cannot agree, by a''n umpire to be agreed upon between
them. If the Governor in Council does not exercise the option to buoy
. within one month of such cessation as aforesaid, the said CATCHICK PAUL
CRATER, his executors, administrators, and assigns shall, at their own
expense; remove the said wharves send piers and works, and restore, the
site thereof to -its former condition, and in the event of their failure
to, do

ORDINAN0E No. 19 of 1s84.
ORDINANCE No. 19 of 1884.

Piers and Wharves (Chater's).

so within one year of the date of such cessation, 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 cost of the said CATCHICK PAUL
CRATER, his executors, aclihinistrators, or assigns, and the amount of
such
cost shall be a debt due to the Government, and recoverable against the
said CATCfiICIi PAUL CHATER, his executors; administrators, or assigns
.accordinaly.

24. Nothina in this Qrdinatice, otherwise than as specially enacted
;;;,,,.;,,' of
herein, shall be construed, to interfere in any way with a:ily existing
''~:;t~r~:
ribhts in the land on which the said wharves, piers or tramways are to be
constructed, or the lands or foreshore adjoining the sane, and the power
and privileges given by this Ordinance are so given, saving and reserving
always the ribhts of.Her Majesty, and of all bc-dies politic and
corporate,
and of all other persons and those clai-riiL1g by, from, and under then
except as herein otherwise prAided. ,

25, '.this Urdinanee shall corroe into force on a day to 17e proelainaed-
hy. the Governor.

Confirmation proclaimed 23rd September, 1884; (Gazette 27th of same
month),
but no time fixed thereby or by suLse,?acent proclamation for the eonziny
into force of
.the Ordinance.]
1821
Preamble.
Power to construct wharves and piers.
1822
Plans and specifications.
Alterations and additions.
Power to lay down tramways.
1823
Gauge of tramways.
Power to break up roads.
Completion of work and reinstatement of road.
1824
Penalty for not maintaining rails at their proper level and in good condition.
Lights.
Prevention of silting, &c.
1825
Proceedings on non-prevent of silting, &c.
Priority of use to Queen's ships.
Power to make rules and regulations.
1826
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Governor in Council may make rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
1827
Power to sell.
Power to demise.
1828
Power to mortgage.
Duration of Ordinance.
Cessation of powers.
1829
Saving of rights.
Commencement of Ordinance.

1821
Preamble.
Power to construct wharves and piers.
1822
Plans and specifications.
Alterations and additions.
Power to lay down tramways.
1823
Gauge of tramways.
Power to break up roads.
Completion of work and reinstatement of road.
1824
Penalty for not maintaining rails at their proper level and in good condition.
Lights.
Prevention of silting, &c.
1825
Proceedings on non-prevent of silting, &c.
Priority of use to Queen's ships.
Power to make rules and regulations.
1826
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Governor in Council may make rules and regulations to be painted and exhibited.
Power to Governor in Council to abate and remove works in certain events.
1827
Power to sell.
Power to demise.
1828
Power to mortgage.
Duration of Ordinance.
Cessation of powers.
1829
Saving of rights.
Commencement of Ordinance.

https://oelawhk.lib.hku.hk/items/show/463

1890

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No. 19 of 1884

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