CHATER'S WHARVES AND PIERS ORDINANCE, 1884
Title
CHATER'S WHARVES AND PIERS ORDINANCE, 1884
Description
ORDINANCE NO. 4 OF 1884.
Chater's Wharves and Piers
AN ORDINANCE to authorized Catchick Paul Chater to construct
Wharves and Piers in the Harbour of Victoria, and to confer
upon the said Catchick Paul Chater certain other Powers and
Privileges.
[23rd September, 1884.]
WHEREAS Catchick Paul Chater, of Victoria in this Colony, is
desirous of constructing, with the consent of the Crown, wharves
and piers in the harbour of victoria, and certain tramways in connexion
therewith, for the purpose of removing, storing, loading, and discharg-
ing cargo; and whereas the said Catchick Paul Chater has applied
to the Government of teh Colony to confer upon him the necessary
powers for carrying out the construction of such wharves, piers, and
tramways by means of a Public Ordinance, and it is expedient that such
an Ordinance should be granted to the said Catchick Paul Chater, under
and subject to the conditions, restrictions, and provisions hereinafter
contained:
BE it therefore enacted by the Government od Hongkong, with the advice
of the Legistlative Council thereof as follows:-
1.This Ordinance may be cited as Charter's Wharves and Piers Or-
inance,1884.
2. It shall be lawful for the said Cachick Paul Chater, his executors,
adminstrators, or assigns, to construct and maintain, for this his and their
exclusive use , wharves between high and low-water mark and piers ex-
tending into the Habour of Victoria , at and from any part or parts of
that portion of land which lies directly opposite to the pieced or parcels
of ground registered in the Land Office of the Colony as Kaulung Mar-
ine Lots Nos.9,11,20 and 21 respectively, which whervas and piers ,
and the works in connexion therewith authorized by this ordinance, are
hereinafter referred to as the undertaking.
3.The said wharves and piers shall be constructed in accordance
with plans and specifications to be deposited in the office of the Surveryor
General and approved by the Governor-in-Council, and shall be so con-
structed as to secure that teh free passage of vessels along the harbour
is not unduly interfered.
4.The said cachick Paul Chater his executors,adminstrators, or
assigns, may from time make anny alteration in or additions to
the said wharves and piers , provided the same are in accordance with
plans and specifications to be approved by the Governor-in-Council.
5.-(1.)It shall be lawful for te said Cachick Paul Chater, his executors,
adminstrators, 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 said wharves and piers across the Praya con-
necting the said wharves and piers with the premise of the said Cachick
Paul Chater, his executors,adminstrators, or assigns,situted on the
kaulung Lots aforesaid or adjoining the same, and also a double line
of sunken tramways, six hundred and fifty yards in length, commencing
at a point opposite the North-west Corner of the aforesaid Kaulung
Marine Lots No.21, thence passing along the centre of the Praya to a
point opposite the South-West Corner of the aforesaid Kaulung Marine
Lot No.9.
(2.)the said tramways shall providedwith alll proper stations,
crossing, bridges, passing place,slidings, junction,rails, and the said
Cachick Paul Chater, his executors,adminstrators, or assigns, may
work and use the same :Provided always that, before the commencement
of theconstruction of the said sunken and overhead tramways or either
of such tramways, the said Cachick Paul Chater, his executors,admin-
strators, or assigns,shall deposit in the office of the said Surveyor Gen-
eral plans and specifications shoeing in detail the mode of construction
of the said sunken and overhead tramways, which said plans and spec-
fications shall be approved by th Governor-in-council .
6.The sunken tramways referred to this Ordinance shall be con-
structed on a gauge not exceeding two feet in width, and with two steel
grooved rails, which said rails shall , before being laid down, be approved
by the Surveryor General, and shall be laid and maintain 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 Cachick Paul Chater, his executors,
adminstrators, or assigns,to adopt an dapply 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 Cachick Paul Chater, his executors,adminstrators,
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
improvement.
7.The said Cachick Paul Chater, his executors,adminstrators, or
assigns,may time to time , for the purpose of making, forming ,
laying down,maintaining, renewing, altering, adding to, or removing
any tramways under this Ordinance or any part or parts thereof respec-
tively, open and break up any road, subject to the following regu-
lations:--
(1.)he or they shall give to the Surveyor General notice of his or
their intenion , specifying teh time at which he or 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 com-
mencement of this work; and
(2.)he or they shall not open or break up or alter the level of any
road except with the authority, under the superintendence, and to
the saticfaction of the Surveyor General.
8.--(1.)When the said Cachick Paul Chater, his executors,admin-
strators, or assigns,has or have opened or broken up any portion of
any road, he or they shall be under the following further obligatoins,
namely,-
(a.)he or they shall, with all convenient speed, complete the work
on account of which he or they opened or broke up the same,
and (subject to the formation, maintaining, renewal, or altera-
tion of. addition to , or to removal of the tramway) fill in the ground
and make good the surface, and, to the satisfaction of the Sue-
veryor General, restore the road to as good condition as that in
which it was before it was opened or broken up:and (b.)he or they shall in the meantime cause the place where the
road is opened or broken up to fenced and watched and to
be properly lighted at night.
(2.) If the said Cachick Paul Chater, his executors,adminstrators,
or assigns, fails or fail to comply with this section, he or they shall for
every offence (without prejudice to the enforcement of the specific per-
formance of the requirements of this Ordinance or to any other remedy
against him or them)be liable to a penalty not exceeding twenty-five dollars for
each day during which any such failure continues after the first day on
which such penalty is incurred.
9.-(1)The said Cachick Paul Chater, his executors,adminstrators,
or assigns,shall maintain in good condition and repair, and at their
proper level so as not to be a 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 same rest; and if the Surveryor General
from time to time, or at any time hereafter,alter the level of any road
along or across which any of the said may happen, the said Cachick
Paul Chater, his executors,adminstrators, or assigns,shall, at his or
their own expence, alter the rails so that the uppermost surface thereof
shall be on a level with the surface of the road as altered.
(2.)If the said Cachick Paul Chater, his executors,adminstrators,
or assigns, makes or makes defaultr in complying with this section, he or
they shall for evrey offence be subject, on conviction, to a penalty not
exceeding twenty-five dollars, and, in case of a continuing offence, to a
further penalty not exceeding ten dollars for every day after teh first on
which such default continues.
10.The said Cachick Paul Chater, his executors,adminstrators,
or assigns,shall cause to be affixed on the said wharves and piers, and
to be exhibite from sunset to sunrise, such lights as the HArbour
Master may from time to time direct.
11.The said Cachick Paul Chater, his executors,adminstrators,
or assigns, shall take such measures as the Governor-in-Council may
require to prevent silting or the accumulation of mud, sand, or other
matter around the said wharves and piers,and shall conform to such
regulations as the Governor-in-Council may deem it expendient to make
from time to time for the purpose of preventing obbstruction to the
traffic of the Praya.
12-(1.)In the event of the said Cachick Paul Chater, his execu
tors,adminstrators, or assigns, making default in complying with the
provisions of the last preeceding section relating to the prevention of
silting or the accumulation of mud, sand, or other matter around the
said wharves or piers, the Governor-in-Council, if satified, after due
inquiry made, that the said Catchick Paul Chater, his executors, admin-
istrators, or assigns, has or have been guilty of the alleged default,
shall make an order, to be served on the said Catchik Paul Chater, his
executors, administrators, or assigns, limiting a time for the perform-
ance of his or their duty in 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 same, together with a
reasonable remuneration to the person or persons appointed for superin-
tending such performance, and aounting 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 Chater, his executors, administrators, or
assigns.
(2.) Any order made 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.
13. All vessels belonging to or engaged in the service of Her Ma-
jesty's Government shall have priority of use of the said wharves and
piers at the ordinary current rates for mereantile vessels, without pre-
judice to the rights of other vessels actually using the said wharves or
piers, and all other vessels shall have the right of using the wharves
and piers at the current rates in order of priority of application, sub-
ject, nevertheless, to any rules and regulations which may be made
under the provisions of the next succeeding section.
14. It shall be lawful for the said Catehick Paul Chater, his execu-
tors, administrators, or assigns, from time 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 connextion therewith: Provided
always that no such rules and regulations, nor any repeal or variation
thereof, shall come into force until the same have or has been approved
by the Governor-in-Council and have or has been published in The
Gazette.
15. Every person who commits a breach of any of the rules and
regulations made in pursuance of this Ordinance shall, on summary con-
viction thereof before a Magistrate, be a liable to a penalty not exceeding
fifty dollars.
16. In all proceedings before any Court, the rules and regulations in
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 are pub-
lished and contained.
17. if the said Cathick Paul Chater, his executors, administrators, or
assigns, fails or fail to make or vary such rules and regulations as, 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 on the said Catchick Paul Chater, his 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 may make
or vary such rules and regulations, which, when made or varied and
published in The Gazette, shall have the same force and effect as if they
were specially enacted herein.
18. The said Catchick Paul Chater, his executors, administrators, or
assigns, shall from time to time cause to be painted on boards, or to
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 several rates for the time being payable, and shall cause such boards
containing such statement and list to be fixed on some conspicuous part
of the said wharves or piers, and no rate shall be payable during such
time as such list is not so affixed, nor shall any rate not specified in such
list be payable: Provided that if any such statement or list is destroyed,
injured, or obliterated, the rates shall continue payable during such time
as may be reasonably required for the restoration or reparation of such
list in the same manner as if such statement and list had continued
affixed and in the state required by this Ordiance.
19. If, at any time before the completion of the works, the said
Catchick Paul Chater, his executors, administrators, or assigns, fails or
fail to proceed therewith for a period of six months, or, after the com-
pletion thereof, disuses or disuse the same or any part thereof for six
months, without affording 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-inCouncil to abate and
remove the same and restore the site thereof to its former condition, at
the cost of the said Catchick Paul Chater, 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 Chater, his
executors, administrators, or assigns, accordingly.
20.--(1.) Subject to the approval of the Governor-in-Council being
first obtained (but not otherwise), the said Catchick Paul chater, his executors, administrators, or assigns, amy 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 company, by public
auction or private contract or partly by public auction and partly by
private contract, and with, under, and subject to such terms and condi-
tions in all respects as the said Catchick Paul Chater, his executors,
administrators, or assigns, may think fit, with power at any such sale to
fix a reserve price for or buy in the same.
(2.) When any such sale, assignment, or absolute disposal has been
made, all the rights, powers, authorities, obligations, and liabilities of
the said Catchick Paul Chater, his executors, administrators, or assigns,
in respect to the undertaking, or aprt or parts thereof sold, assigned,
or absolutely disposed of, shall be transferred to and vested in, and may
be exercised by, and shall attach to the person, corporation, or company
to whom the same has or have been sold, assigned, or absolutely disposed
of, in like manner as if the undertaking, or the part or parts thereof
sold, assigned, or absolutely disposed of, was or were constructed by
such person, 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 Catchick Paul Chater, his executors,
administrators, or assigns.
21. Subject to the approval of the Governor-in-Council being first
obtained (but not otherwise), the said Catchick Paul Chater, his
executors, administrators, or assigns, may at any time and from time to
time demise the undertaking, 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, and for such rent or rents, and upon
such terms and conditions in all respects as the said Catchick Paul
Chater, his executors, administrators, or assigns, may think fit to adopt,
to take effect either in possession or reversion, and either with or with-
out a premium or premiums as a consideration or considerations for such
demise or demises.
22. It shall be lawful for the said Catchick Paul Chater, his executors,
administrators, or assigns, from time to time and at any time to borrow
money on mortgage of all or any part of the 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, corporation, or company, and
to enter into all such covenants, provisoes, declarations, and agreements
as the said Catehick Paul Chater, his executors, administrators, or as-
signs, may think fit and proper.
23. The rights, powers, and privileges granted by this Ordinance to
the said Catchick Paul Chater, 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 may
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 futher 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.
24.-(1.) On the cessation of the rights, powers, and privileges
granted by this Ordinance, it shall be at the option of the Govenor-in-
Council to purchase the wharves and piers and workds by this Ordinance
authorized from the said Catchick Paul Chater, his executors, adminis-
trators, 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 in case of difference by two arbitra-
tors, to be nominated one by the Governor-in-Council and the other by
the said Catchick Paul Chater, his executors, administrators, or assigns,
and, in case the said arbitrators cannot agree, by an umpire to be agreed
upon between them.
(2.) If the Governor-in-Council does not exercise the option to buy
within one month of such cessation as aforesaid, the said Catchick Paul
Chater, his executors, administrators, and assigns, shall, at his or their
own expense, remove the said wharves and piers and works and restore
the site therof to its former condition; and, in the event of his or their
failure to do so within one year of the date fo 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
Catchcik Paul Chater, his executors, administrators, or assigns, and the
amount of such cost shall be a debt due to the Government and recover-
able against the said Catchick Paul Chater, his executors, administrators,
or assigns, accordingly.
25. 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
powers 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, from, and
under them, except as herein otherwise provided.
A.D. 1884. Ordinance No. 19 of 1884. Short title. Power for C. P. Chater to construct wharves and piers in Harbour of Victoria. Plans and specifications. Alterations and additions. Power to lay down tramways. Gauge of tramways. Power to break up roads. Completion of work and reinstatement of road. Penalty for not maintaining rails at their proper level and in good condition. Lights on wharves and piers. Prevention of sitting, etc. Proceedings on non-pro- vention of silting, etc. Priority of use to Queen's ships. Making of rales and regulations for use of wharves, piers, and tramways. Penalty for breach of rules and regulations. Proof of rules and regulations. Power to Governor-in-Council to make rules and regulations in certain event. Exhibition of rules and regulations and rates. Power to Governor-in-Council to abate and remove works in certain events. Power to sell undertaking. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Cessation of rights, etc. Saving of other rights.
Chater's Wharves and Piers
AN ORDINANCE to authorized Catchick Paul Chater to construct
Wharves and Piers in the Harbour of Victoria, and to confer
upon the said Catchick Paul Chater certain other Powers and
Privileges.
[23rd September, 1884.]
WHEREAS Catchick Paul Chater, of Victoria in this Colony, is
desirous of constructing, with the consent of the Crown, wharves
and piers in the harbour of victoria, and certain tramways in connexion
therewith, for the purpose of removing, storing, loading, and discharg-
ing cargo; and whereas the said Catchick Paul Chater has applied
to the Government of teh Colony to confer upon him the necessary
powers for carrying out the construction of such wharves, piers, and
tramways by means of a Public Ordinance, and it is expedient that such
an Ordinance should be granted to the said Catchick Paul Chater, under
and subject to the conditions, restrictions, and provisions hereinafter
contained:
BE it therefore enacted by the Government od Hongkong, with the advice
of the Legistlative Council thereof as follows:-
1.This Ordinance may be cited as Charter's Wharves and Piers Or-
inance,1884.
2. It shall be lawful for the said Cachick Paul Chater, his executors,
adminstrators, or assigns, to construct and maintain, for this his and their
exclusive use , wharves between high and low-water mark and piers ex-
tending into the Habour of Victoria , at and from any part or parts of
that portion of land which lies directly opposite to the pieced or parcels
of ground registered in the Land Office of the Colony as Kaulung Mar-
ine Lots Nos.9,11,20 and 21 respectively, which whervas and piers ,
and the works in connexion therewith authorized by this ordinance, are
hereinafter referred to as the undertaking.
3.The said wharves and piers shall be constructed in accordance
with plans and specifications to be deposited in the office of the Surveryor
General and approved by the Governor-in-Council, and shall be so con-
structed as to secure that teh free passage of vessels along the harbour
is not unduly interfered.
4.The said cachick Paul Chater his executors,adminstrators, or
assigns, may from time make anny alteration in or additions to
the said wharves and piers , provided the same are in accordance with
plans and specifications to be approved by the Governor-in-Council.
5.-(1.)It shall be lawful for te said Cachick Paul Chater, his executors,
adminstrators, 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 said wharves and piers across the Praya con-
necting the said wharves and piers with the premise of the said Cachick
Paul Chater, his executors,adminstrators, or assigns,situted on the
kaulung Lots aforesaid or adjoining the same, and also a double line
of sunken tramways, six hundred and fifty yards in length, commencing
at a point opposite the North-west Corner of the aforesaid Kaulung
Marine Lots No.21, thence passing along the centre of the Praya to a
point opposite the South-West Corner of the aforesaid Kaulung Marine
Lot No.9.
(2.)the said tramways shall providedwith alll proper stations,
crossing, bridges, passing place,slidings, junction,rails, and the said
Cachick Paul Chater, his executors,adminstrators, or assigns, may
work and use the same :Provided always that, before the commencement
of theconstruction of the said sunken and overhead tramways or either
of such tramways, the said Cachick Paul Chater, his executors,admin-
strators, or assigns,shall deposit in the office of the said Surveyor Gen-
eral plans and specifications shoeing in detail the mode of construction
of the said sunken and overhead tramways, which said plans and spec-
fications shall be approved by th Governor-in-council .
6.The sunken tramways referred to this Ordinance shall be con-
structed on a gauge not exceeding two feet in width, and with two steel
grooved rails, which said rails shall , before being laid down, be approved
by the Surveryor General, and shall be laid and maintain 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 Cachick Paul Chater, his executors,
adminstrators, or assigns,to adopt an dapply 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 Cachick Paul Chater, his executors,adminstrators,
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
improvement.
7.The said Cachick Paul Chater, his executors,adminstrators, or
assigns,may time to time , for the purpose of making, forming ,
laying down,maintaining, renewing, altering, adding to, or removing
any tramways under this Ordinance or any part or parts thereof respec-
tively, open and break up any road, subject to the following regu-
lations:--
(1.)he or they shall give to the Surveyor General notice of his or
their intenion , specifying teh time at which he or 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 com-
mencement of this work; and
(2.)he or they shall not open or break up or alter the level of any
road except with the authority, under the superintendence, and to
the saticfaction of the Surveyor General.
8.--(1.)When the said Cachick Paul Chater, his executors,admin-
strators, or assigns,has or have opened or broken up any portion of
any road, he or they shall be under the following further obligatoins,
namely,-
(a.)he or they shall, with all convenient speed, complete the work
on account of which he or they opened or broke up the same,
and (subject to the formation, maintaining, renewal, or altera-
tion of. addition to , or to removal of the tramway) fill in the ground
and make good the surface, and, to the satisfaction of the Sue-
veryor General, restore the road to as good condition as that in
which it was before it was opened or broken up:and (b.)he or they shall in the meantime cause the place where the
road is opened or broken up to fenced and watched and to
be properly lighted at night.
(2.) If the said Cachick Paul Chater, his executors,adminstrators,
or assigns, fails or fail to comply with this section, he or they shall for
every offence (without prejudice to the enforcement of the specific per-
formance of the requirements of this Ordinance or to any other remedy
against him or them)be liable to a penalty not exceeding twenty-five dollars for
each day during which any such failure continues after the first day on
which such penalty is incurred.
9.-(1)The said Cachick Paul Chater, his executors,adminstrators,
or assigns,shall maintain in good condition and repair, and at their
proper level so as not to be a 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 same rest; and if the Surveryor General
from time to time, or at any time hereafter,alter the level of any road
along or across which any of the said may happen, the said Cachick
Paul Chater, his executors,adminstrators, or assigns,shall, at his or
their own expence, alter the rails so that the uppermost surface thereof
shall be on a level with the surface of the road as altered.
(2.)If the said Cachick Paul Chater, his executors,adminstrators,
or assigns, makes or makes defaultr in complying with this section, he or
they shall for evrey offence be subject, on conviction, to a penalty not
exceeding twenty-five dollars, and, in case of a continuing offence, to a
further penalty not exceeding ten dollars for every day after teh first on
which such default continues.
10.The said Cachick Paul Chater, his executors,adminstrators,
or assigns,shall cause to be affixed on the said wharves and piers, and
to be exhibite from sunset to sunrise, such lights as the HArbour
Master may from time to time direct.
11.The said Cachick Paul Chater, his executors,adminstrators,
or assigns, shall take such measures as the Governor-in-Council may
require to prevent silting or the accumulation of mud, sand, or other
matter around the said wharves and piers,and shall conform to such
regulations as the Governor-in-Council may deem it expendient to make
from time to time for the purpose of preventing obbstruction to the
traffic of the Praya.
12-(1.)In the event of the said Cachick Paul Chater, his execu
tors,adminstrators, or assigns, making default in complying with the
provisions of the last preeceding section relating to the prevention of
silting or the accumulation of mud, sand, or other matter around the
said wharves or piers, the Governor-in-Council, if satified, after due
inquiry made, that the said Catchick Paul Chater, his executors, admin-
istrators, or assigns, has or have been guilty of the alleged default,
shall make an order, to be served on the said Catchik Paul Chater, his
executors, administrators, or assigns, limiting a time for the perform-
ance of his or their duty in 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 same, together with a
reasonable remuneration to the person or persons appointed for superin-
tending such performance, and aounting 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 Chater, his executors, administrators, or
assigns.
(2.) Any order made 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.
13. All vessels belonging to or engaged in the service of Her Ma-
jesty's Government shall have priority of use of the said wharves and
piers at the ordinary current rates for mereantile vessels, without pre-
judice to the rights of other vessels actually using the said wharves or
piers, and all other vessels shall have the right of using the wharves
and piers at the current rates in order of priority of application, sub-
ject, nevertheless, to any rules and regulations which may be made
under the provisions of the next succeeding section.
14. It shall be lawful for the said Catehick Paul Chater, his execu-
tors, administrators, or assigns, from time 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 connextion therewith: Provided
always that no such rules and regulations, nor any repeal or variation
thereof, shall come into force until the same have or has been approved
by the Governor-in-Council and have or has been published in The
Gazette.
15. Every person who commits a breach of any of the rules and
regulations made in pursuance of this Ordinance shall, on summary con-
viction thereof before a Magistrate, be a liable to a penalty not exceeding
fifty dollars.
16. In all proceedings before any Court, the rules and regulations in
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 are pub-
lished and contained.
17. if the said Cathick Paul Chater, his executors, administrators, or
assigns, fails or fail to make or vary such rules and regulations as, 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 on the said Catchick Paul Chater, his 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 may make
or vary such rules and regulations, which, when made or varied and
published in The Gazette, shall have the same force and effect as if they
were specially enacted herein.
18. The said Catchick Paul Chater, his executors, administrators, or
assigns, shall from time to time cause to be painted on boards, or to
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 several rates for the time being payable, and shall cause such boards
containing such statement and list to be fixed on some conspicuous part
of the said wharves or piers, and no rate shall be payable during such
time as such list is not so affixed, nor shall any rate not specified in such
list be payable: Provided that if any such statement or list is destroyed,
injured, or obliterated, the rates shall continue payable during such time
as may be reasonably required for the restoration or reparation of such
list in the same manner as if such statement and list had continued
affixed and in the state required by this Ordiance.
19. If, at any time before the completion of the works, the said
Catchick Paul Chater, his executors, administrators, or assigns, fails or
fail to proceed therewith for a period of six months, or, after the com-
pletion thereof, disuses or disuse the same or any part thereof for six
months, without affording 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-inCouncil to abate and
remove the same and restore the site thereof to its former condition, at
the cost of the said Catchick Paul Chater, 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 Chater, his
executors, administrators, or assigns, accordingly.
20.--(1.) Subject to the approval of the Governor-in-Council being
first obtained (but not otherwise), the said Catchick Paul chater, his executors, administrators, or assigns, amy 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 company, by public
auction or private contract or partly by public auction and partly by
private contract, and with, under, and subject to such terms and condi-
tions in all respects as the said Catchick Paul Chater, his executors,
administrators, or assigns, may think fit, with power at any such sale to
fix a reserve price for or buy in the same.
(2.) When any such sale, assignment, or absolute disposal has been
made, all the rights, powers, authorities, obligations, and liabilities of
the said Catchick Paul Chater, his executors, administrators, or assigns,
in respect to the undertaking, or aprt or parts thereof sold, assigned,
or absolutely disposed of, shall be transferred to and vested in, and may
be exercised by, and shall attach to the person, corporation, or company
to whom the same has or have been sold, assigned, or absolutely disposed
of, in like manner as if the undertaking, or the part or parts thereof
sold, assigned, or absolutely disposed of, was or were constructed by
such person, 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 Catchick Paul Chater, his executors,
administrators, or assigns.
21. Subject to the approval of the Governor-in-Council being first
obtained (but not otherwise), the said Catchick Paul Chater, his
executors, administrators, or assigns, may at any time and from time to
time demise the undertaking, 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, and for such rent or rents, and upon
such terms and conditions in all respects as the said Catchick Paul
Chater, his executors, administrators, or assigns, may think fit to adopt,
to take effect either in possession or reversion, and either with or with-
out a premium or premiums as a consideration or considerations for such
demise or demises.
22. It shall be lawful for the said Catchick Paul Chater, his executors,
administrators, or assigns, from time to time and at any time to borrow
money on mortgage of all or any part of the 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, corporation, or company, and
to enter into all such covenants, provisoes, declarations, and agreements
as the said Catehick Paul Chater, his executors, administrators, or as-
signs, may think fit and proper.
23. The rights, powers, and privileges granted by this Ordinance to
the said Catchick Paul Chater, 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 may
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 futher 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.
24.-(1.) On the cessation of the rights, powers, and privileges
granted by this Ordinance, it shall be at the option of the Govenor-in-
Council to purchase the wharves and piers and workds by this Ordinance
authorized from the said Catchick Paul Chater, his executors, adminis-
trators, 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 in case of difference by two arbitra-
tors, to be nominated one by the Governor-in-Council and the other by
the said Catchick Paul Chater, his executors, administrators, or assigns,
and, in case the said arbitrators cannot agree, by an umpire to be agreed
upon between them.
(2.) If the Governor-in-Council does not exercise the option to buy
within one month of such cessation as aforesaid, the said Catchick Paul
Chater, his executors, administrators, and assigns, shall, at his or their
own expense, remove the said wharves and piers and works and restore
the site therof to its former condition; and, in the event of his or their
failure to do so within one year of the date fo 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
Catchcik Paul Chater, his executors, administrators, or assigns, and the
amount of such cost shall be a debt due to the Government and recover-
able against the said Catchick Paul Chater, his executors, administrators,
or assigns, accordingly.
25. 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
powers 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, from, and
under them, except as herein otherwise provided.
A.D. 1884. Ordinance No. 19 of 1884. Short title. Power for C. P. Chater to construct wharves and piers in Harbour of Victoria. Plans and specifications. Alterations and additions. Power to lay down tramways. Gauge of tramways. Power to break up roads. Completion of work and reinstatement of road. Penalty for not maintaining rails at their proper level and in good condition. Lights on wharves and piers. Prevention of sitting, etc. Proceedings on non-pro- vention of silting, etc. Priority of use to Queen's ships. Making of rales and regulations for use of wharves, piers, and tramways. Penalty for breach of rules and regulations. Proof of rules and regulations. Power to Governor-in-Council to make rules and regulations in certain event. Exhibition of rules and regulations and rates. Power to Governor-in-Council to abate and remove works in certain events. Power to sell undertaking. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Cessation of rights, etc. Saving of other rights.
Abstract
A.D. 1884. Ordinance No. 19 of 1884. Short title. Power for C. P. Chater to construct wharves and piers in Harbour of Victoria. Plans and specifications. Alterations and additions. Power to lay down tramways. Gauge of tramways. Power to break up roads. Completion of work and reinstatement of road. Penalty for not maintaining rails at their proper level and in good condition. Lights on wharves and piers. Prevention of sitting, etc. Proceedings on non-pro- vention of silting, etc. Priority of use to Queen's ships. Making of rales and regulations for use of wharves, piers, and tramways. Penalty for breach of rules and regulations. Proof of rules and regulations. Power to Governor-in-Council to make rules and regulations in certain event. Exhibition of rules and regulations and rates. Power to Governor-in-Council to abate and remove works in certain events. Power to sell undertaking. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Cessation of rights, etc. Saving of other rights.
Identifier
https://oelawhk.lib.hku.hk/items/show/607
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 4 of 1884
Number of Pages
8
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHATER'S WHARVES AND PIERS ORDINANCE, 1884,” Historical Laws of Hong Kong Online, accessed May 14, 2025, https://oelawhk.lib.hku.hk/items/show/607.
