PIERS ORDINANCE, 1899

PIERS ORDINANCE, 1899

ORDINANCE NO. 11 OF 1898.

Piers

AN ORDINANCE to make provision with respect to piers.
[1st Jannary , 1900.]
be it enacted by the governor of hongkong, wiht the advice and
consent fo the legislative council thereof , as follows:-

1. this ordinance may be cited as the Piers ordinance , 1899.
2. in this ordinacne -
'pier' ' include every pier and wharf of whatever description ,
except a pier or wharf belonging to the government fo this colony
or to the naveal or millitary authoritier , and except any pier or
wharf coming under the provisions of juhnson's wharves and piers
ordinance , 1884, or of chater's wharves and piers ordinacne ,
1844:
' crown foreshore ' includes crown land covered with water below
ordinary low-water mark .
3.-(1) from and including the date fo the commencement fo this
ordinance , rent in accordance with the scale specified in the schedule
to this ordinance shall ( except in cases where rent on a higher scale
is now payable to the government by agreement ) be payable to the
colonial treasurer fo rthe use of the governmetn fo this colony by
the owner for the time being of any pier , whether already erected or
hereafter to be erected or re-erected over crown foreshore, notwith-
standing any agreement or understanding between the government
and teh owner fo such pier or any of his predecessors in title to the
effect that no rent or rent on a lower scale should be payable in respect
of such pier.
(2) such rent shall be payable in advance by equal monthly instal-
ments , and , in the case fo a new pier, shall commence to be payable
from the date fo the granting of the licence or lease therefor : provided,
nevertheless , that no rent shall be chargeable in respect fo any pier
which is removed before the expiration of one month from the date of
the granting of the licence or lease for its erection and that rent for such
a pier , if paid , shall be refunded .
(3) in the case fo the extension of an existing pier, the extra rent for
the extra land to be coved by such extension shall commerce to be
payable from the date fo the granting of the licence or lease for such
extension . (4.) in the case , however , of a temporary pier , it shall be lawful for
the governor in council to remit the whole or a portion of any rent
which is chargeable under this section
4.-(1) the scale of rents specified in the schedule to this ordi-
nances shall continue in force until the end of the year 1924 and there-
after, unless adn until altered as hereinafter provided .
(2) the governor-in-council may hereafter revise and alter such
scale , as he may deem expedient , as from and after the 1st day of Jan-
uary , 1925, inclusive .
(3) such revised and altered scale shall be notified in the gazette , and ,
when so notified,shall be deemed to be substituted for the scale in the
said Schedule and to have the same validity as if it had been contained
in the said Schedule,and it shall be in force as from the said 1st day
of January,1925,inclusive,to the end of the year 1949,after which
date of scale shall be again subject to revision.
5.No pier shall hereafter be erected or re-erected except with the
leave of the Director of Public Works,and every such pier shall be of
such design,dimensions,construction,and material as may be approved
of by the Director of Public Works.
6.No alteration or extension of any pier whatever shall at any time
be made by the owner thereof,except with the leave of the Director of
Public Works.
7.The foundation,superstructure,landing-steps,roadway,and every
other portion of every pier shall at all times be maintained in a state of
safety and repair by the owner.
8.-(1.)A green light,so constructed and of such a character as to be
visible of at least one mile,shall be exhibited within six feet of the
outer end of every pier.
(2.)Such light shall be not less than ten and not more than fifteen
feet above the level of the upper surface of the pier.
9.No body or morring shall be kept or placed by the owner of any
pier otherwise than in accordance with and subject to the provisions of
any Merchant Shipping Statute which may from time to time be in
force in the Colony.
10.No pier shall be used by any person for the storage of materials
of any description,except gear required for working the pier,and no articles or material or things shall, except as aforesaid, remain on any
pier beyond the time actually required for their shipment or landing, as
the case may be.
11 no warehouse, shed, or building of any kind, other than a shelter
against the weather, shall, except with the consent of the director of
public works, be erected by any person on any pier.
12 steam-ferries and passenger-boats shall not be entitled to made
habitual use of any pier not constructed for their sole use, but casual
passengers and their luggage shall at all times have free access to any
pier for the purpose of landing or embarking, so long as they do not
interfere with the proper working of any craft belonging to the owners of
the pier of any other craft using the wharf by arrangement with the
owners.
13 no vessel shall lie alongside the end of any pier, unless the pier
is specially constructed for that purpose.
14(1) in the event of any portion of the land over which a pier is
erected being required for any purpose which the governor-in-council
decides to be a public purpose, then it shall be lawful the governor-in-council
to cancel the licence for or lease of such pier and to order that
such pier shall be either partially or entirely removed by the owner
thereof and at his expense.
(2) the director of public works shall alone be entitled to dictate,
in the event of a partial removal of such pier, what portions of it are to
be so removed, and any such removal, whether partial or total, shall be
effected by the owner within such a period as may be ordered by the
director of public works in a notice in writing served on the owners.
(3) the cost of such removal or partial removal of such pier shall be
defrayed exclusively by the owner thereof, and no compensation will be
paid by the government for, and no action, suit, or other legal proceeding
shall lie against the government in respect of, any description of loss
or damage, whether direct or indirect, which the owner of such pier may
sustain by reason of such removal or partial removal.
(4) the governor-in-council will, however, consider on its merits,
and on such evidence as the governor-in-council may think fit, any moral
claim to compensation which may be brought forward by the owner of
such pier in respect of the removal or partial removal thereof, and if the
governor-in-council considers that compensation in respect of such removal
or partial removal ought to be paid to such owner, then compensation
sahll be paid to such owner accordinly: provided, nevertheless,
that nothing in this section shall affect the rights of the government
with regard to any pier already erected or hereafter to be erected for
a temporary purpose only. 15(1) the governor-in-council shall have power to make regulations
for the erection, re-erection, alteration, extension, or maintenance
of piers and generally for the further and better carrying out of the provisions
of this ordinance.
(2) such regulations hsall be published in the gazette.
16 in the event of any person failing to comply with any of the provisions
of this ordinance or of any regulation made thereunder, under
person shall be liable to a penalty not exceeding $100 and,
in default of payment thereof, to imprisonment, with or without hard
labour, for any term not exceeding 6 months; and, in the event of a
continued breach of any of the provisions of this ordinance or of any
regulation made thereunder, the person offending shall be liable to an
additional penalty of $10 a day for each and every day during
which he so remains in default, and every such additional penalty shall be
recoverable summarily under the provisions of the magistrates ordinance,
1890.
17 from and including the date of the commencement of this ordiannce,
any pier coming within the operation of this ordinance shall,
notwithstanding the provisions of any ordinance for the time being in
force relating to rating, be exempt from the payment of rates.

SCHEDULES.
SCALE OF ANNULAL RENTS CHARGABLE FOR ENCROACHMENTS OF PIERS
OVER CROWN FORESHORE.

(a) in the city of victoria:
$
1 for an encraochment of 500 sq ft or less......120
2 for an encraochment exceeding 500 sq ft, but
not excceding 1,000 sq ft.......................180
3 for an encraochment exceeing 1000 sq ft, but not
excceding 2,000 sq ft...........................300
4 for an encraochment exceeding 2000 sq ft, but not
excceding 3,000 sq ft...........................480
5 for an encraochment exceeding 3000 sq ft, but not
excceding 5,000 sq ft...........................600
6 for an encraochment exceeding 5000 sq ft, but not
excceding 10,000 sq ft..........................900
7 for an encraochment exceeding 10,000 sq ft....1200

(b) in any other place:
half the above scale. A.D. 1899. Ordinance No. 37 of 1899, with Ordinance No. 17 of 1900 incorporated. Short title. Interpretation of terms. No. 3 of 1884. No. 4 of 1884. Establishment of scale of rents chargeable for piers. Schedule. Duration of scale of rents. Schedule. Conditions of erection of new pier. Conditions of alteration or extension of pier. Repair of pier. Exhibition of green light at end of pier. Restriction on keeping or placing of buoy or mooring. See Ordinance No. 10 of 1899. Prohibition of use of pier for storage. Prohibition of erection of warehouse, etc., on pier. Public right of use of pier. Prohibition of essel lying along end of pier. Power to order removal of pier, and payment of cost of removal. Making of regulations relating to piers. Penalty for failure to comply with the Ordinance or with regulations. No. 3 of 1890. Exemption certain piers from rates. See Ordinance No. 6 of 1901. Section 3 and 4.

A.D. 1899. Ordinance No. 37 of 1899, with Ordinance No. 17 of 1900 incorporated. Short title. Interpretation of terms. No. 3 of 1884. No. 4 of 1884. Establishment of scale of rents chargeable for piers. Schedule. Duration of scale of rents. Schedule. Conditions of erection of new pier. Conditions of alteration or extension of pier. Repair of pier. Exhibition of green light at end of pier. Restriction on keeping or placing of buoy or mooring. See Ordinance No. 10 of 1899. Prohibition of use of pier for storage. Prohibition of erection of warehouse, etc., on pier. Public right of use of pier. Prohibition of essel lying along end of pier. Power to order removal of pier, and payment of cost of removal. Making of regulations relating to piers. Penalty for failure to comply with the Ordinance or with regulations. No. 3 of 1890. Exemption certain piers from rates. See Ordinance No. 6 of 1901. Section 3 and 4.

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1901

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No. 11 of 1899

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