PUBLIC HEALTH ORDINANCE, 1901
Title
PUBLIC HEALTH ORDINANCE, 1901
Description
ORDINANCE NO. 10 OF 1901.
Public Health
AN ORDINANCE to consolidate and amend the laws relating
to public healt. [25th march, 1901.]
BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
preliminary provisions.
1 this ordinance may be cited as the public health ordinance, 1901.
2 in this ordinance and in any by-laws made thereunder, unless the
context otherwise requires,-
'author of a nuisance' means the person by whose act, default,
permission, or sufferance the nuisance arises or continues:
'Board' means the sanitary borad:
'Building' includes any house, dwelling house, tenement-housee,
common lodging-house, verandah, cook-house, privy, gallery, balcony,
chimney, bridge, outhouse, stable, matshed, warehouse, manufactory,
shop, work-room, distillery, and place of secure stowage:
'City of Victoria' means that portion of the island of hongkong
bounded on the north by the harbour; on the sourth by a counter of
the hillside 600 feet above the level of the sea; on the east
by a straight line from the centre of the nullah crossing the
shaukiwan road at the south-west corner of causeway bay to
the wongnaichong public school-house, produced sourthward until it
meets the sourthern boundary; and on the west by mount davis:
'Common lodging-house' includes-
(1) any house or part thereof where usually male persons only
are housed, not being members of the same family, to the
number of 10 persons and upwards; and
(2) any permanent structure in which employers of labour lodge
their emplyes other than domestic servants or shopmen:
'domestic builing' means any human habitation or building
where persons pass the night, but does not include any building
where caretakers only, not exceeding 2 in number, pass the night:
'Drug' means any meicine for internal or external use:
'Food' means any article used for food or drink other than drugs
or water:
'hill district' means any part of the island of hongkong above
the 600-feet contour, except chinese villages: 'hill-side' means the face of the natural hill, or the face of any
scarp or retaining-wall built to support the same, or any artifical
filing in or terracing with earth behind such scarp or retaining-
wall, made with the object of supporting a street or forming a site
for a building:
'hoseholder' means the actual tenant or occupier of any building,
or, in any case where there is no such person, then the immediate
landlord of such building, and in the case of any corporation, company,
or association, the secretary or manager thereof, shall be
deemed the househoulder, and shall be liable under this ordinance:
'keeper of a common loding-house' means any person licensed
to keep a common lodging-house:
'kowloon' includes new kowloon:
'new building' includes any building begun after the commencement
of this ordinance, and any building begun before the commencementt of this ordinance
and which is in course of construction
at the time of such commencement, and any existing building hereafter
altered to such an extent as to necessitate the removal of the
roof and the reconstruction of at least one-half of any 2 of its
main walls, and any existing building hereafter raised to such an
extent that its total height exceeds one and a half times the original
height of the building. for the purposes of this definition, 'main
walls' mean either external or party wall. it also includes the
conversion into a domestic building of any buidling not originally
construced for human habitation and the conversion into more
than one domestic building of a building originally constructed as
one domestic building only:
'new kowloon' means that portion of the new territories which is
delineated and shown upon a plan marked 'new kowloon,'
signed by the director of public works and countersigned by the
governor and deposited in the land office of this colony:
'new territories' mean the additional territories acquired by
this colony under the provisions of a convention, dated the 9th
day of june, 1898, between her majesty queen victoria and
his imperial majesty the emperor of china, for the enlargement
of the limits of this colony, including the city of kowloon:
'occupier' means any person in actual occupation of any premises:
'owner' includes any person holding premises direct from the
crwon, whether under lease, licence, or otherwise, and also any person
for the time being reciving the rent of any premises, solely or
as joint-tenant or tenant in common with others, or receiving the
rent of any premises whether on his own behalf or on that of any
other person; and, where no such owner as above defined can be
found or ascertained, the occupier; and, for the purposes of this Ordinance, every mortgagee in possession shall be deemed an owner:
'person' includes a body corporate and an associasion:
'premises' include any land, building, or structure of any kind,
footway, yard, alley, court, garden, stream, nullah, pond, pool,
paddy-field, marsh, drain, ditch, or place open, covered, or enclosed,
cesspool, or foreshore, also any vessel or boat lying within the
waters of the colony:
'public latrine' means any latrine to which the public are admitted
on payment or otherwise:
'Secretary' means the secretary of the sanitary board:
'Street' includes any square, court, or alley,hightway, lane, road,
or passage, whether a thoroughfare or not:
'Tenant' means any person who holds direct from any householder
the whole of any floor or floors of any building or tenement-house:
'tenement-house' means any domestice building let to any inhab-
ited by more than one occupier or family, as tenants of a common
landlord or as sub-tenants of a tneant of any portion of such
domestic building:
'vessel' means any steam or sailing ship, launch, junk, lighter,
sampan, or boat.
3(1) the by-laws in the 1st schedule to this ordinance shall
be deemed to have been duly made by the sanitary board, approved
by the legislative council, and gazetted under this ordinance, and shall
remain in force until altered, amended, or revoked.
(2) all persons now holding any offices or appointments under any
ordinance repealed by by this ordinance.
constitution and general powers of the sanitary board.
4(1) the sanitary board shall consist of the director of public
works, the registrar general, the captain superintendent of police, the
principal civil medical officer, and (if appointed by the governor) the
medical officer of health, and not more than 6 additional members,
our of whom (2 being chinese) shall be appointed by the governor,
and 2 elected by such ratepayers as are included in the special and
common jur lists, and also by such ratepayers as are exempt from
serving on juries on account of their professional avocations.
(2) non-official members of the board shall hold office for 3 years.
(3) the governor shall have power to appoint the medical officer of
health for the time being a member of the board, and, when appointed,
such officershall have all the powers, privileges, and authorities of any
other ordinary member of the board.
5(1) the mode of election, the proceedings incident thereto, and
all other matters relating to the election of the said members by the said
ratepayers shall be governed by rules made by the governor-in-council,
who may from time to time add to, vary, or revoke any of the said
rules.
(2) the rules in the 2nd schedule to this ordinance shall be in
force unless and until altered by the governor-in-council.
6(1) the governor shall appoint the president and vice-president of the
board.
(2) the names of all members appointed to the board shall be forhtwith
notified in the gazette, and any number of the gazett containing
a notice of any such appointment shall be deemed sufficient evidence
thereof for all purposes.
7 if any member of the board is at any time prevented for more
than 6 months, by absence or other cause, from acting, the governor
may appoint, or, if the member has been elected, teh electors may
nominate, some other person to replace such member, until he is able to
resum his functions.
8 the board shall be held to be legally consitiuted, notwithstanding
any vacancies occurring therein by the death, absence, resignation, or
incapacity of any member.
9(1) the board shall meet once in every alternate week and
oftener, if need be, and may adjourn from time to time. The president may
at any time, and shall, on a requisition signed by three members of
the board, summon a meeting thereof.
(2) any four members shall be a quorum, for the despatch of
business.
(3) at every meeting the president or vice-president shall preside,
or, in their absence, the members present shall appoint a chairman.
the president or vice-president, or, in their absence, the chairman so
appointed, shall have a deliberative and a casting vote.
(2) the board may appoint, and, when appointed, may add to or
dismiss, by resolution, from time to time, select committees consisting of
not less than 2 of its members or of one of its members and one of its
officers. 11(1) the board may, by resolution, from time to time delegate
any or all of its powers and functions to such select committees, with
full powers to enforce all or any of the provisions of any ordinances or
by-laws for the time being in force conferring powers upon the board
providing for the more effectual sanitation of the colony.
(2) any failure to comply with an order of a select committee, duly
signed by the secretary of the board, shall e deemed a contravention
of an order of the board, and shall be punishable in the same manner as
if the order had been made by the board.
(3) the board may also from time to time delegae to the medical
officer of health all or any of the powers conferred upon it by sections
24, 26, 27, and 45, and may revoke such delegation at pleasure.
12 the president or vice-president of the board shall give directions
for carrying out and giving effect to the decisions of the board.
13(1) the board shall have power to make, and, when made, to
alter, amend, or revoke, by-laws with regard to the following matters:-
(a) the proper construction, trapping, ventilating, and maintenance
of private house-drains;
(b) the provision and proper construction of dust boxes in private
premises;
(c) the provision of adequate subsoil drainage in order to arrest
damp in dwelling houses;
(d) the cleansing, lim-whiting, and proper sanitary maintenance
of all premises;
(e) the sanitary maintenance of public latrines, urinals, dust-bins,
and manure-depots;
(f) surface scavenging, and the removal and disposal of night-soil
and of other refuse;
(g) the closing of premises unfit for human habitation and the
prohibition of their use as such;
(h) the protection of the public water supply from pollution;
(i) the prevention of the manufacture or sale of unsound, adulterated, or
unwholesome food;
(j) the regulation of bake-houses, dairies, aerated water manufactories,
and food-preserving establishments;
(k) the proper construction, materials, and fittings of water-closets
on private premise;
(l) the erection of public latrines and applications for permission to
erect such latrines;
(m) the prohibition of the establishment within certain limits and
the control of any noxious or offensive trade, business, or manufacture; (n) the licensing, regulation, and sanitary maintenance of common
lodging-houses, and the sanitary maintenance of opium-smoking
divans, factories, and places of public instruction, recreation, or
assembly;
(o) the prevention of overcrowding in premises, either in respect of
human beings or the lower animals;
(p) the licensing the regulation of all depots and pens for cattle,
pigs, sheep, and goats;
(q) the sanitary maintenance of markets and slaughter-houses;
(r) the construction, licensing, and proper sanitary maintenance of
pig-sties in private premises;
(s) the breaming of vessels, and the maintenance of cleanliness in
the harbour of victoria, the waters of the colony, and the foreshores thereof;
(t) the disposal of the dead, the regulation and sanitary maintenance of
cemeteries, the fees to be charged in respect of graves and
interments, the keeping of such registers as may be necessary and
all other matters connected therewith; also the regulation and
sanitary maintenance of mortuaries and the disinfection of dead
bodies;
(u) the compulsory vacating of infected premises, and the disinfection
and purification of the same;
(v) the disinfection and prification of all infected vessels and public
vehicles;
(w) the prevention or mitigation of anyepidemic, endemic, or contagious
disease among animals;
(x) the manufacture and sale of poisons and the sale of unsound
and adulterated drugs;
(y) the regulation of public baths, laundries, and wash-houses;
(z) the compulsory reporting of infectious, contagius, or communicable diseases;
(aa) prescribing the material, and the nature and thickness thereof
to be used for covering over the floors of areas and basement
stories and th ground surface of all buildings and of any cook-houses, latrines, or open
surfaces connected therewith, such as
backyards, court yards, or other spaces on which slops may be
thrown or from which foul waters flow;
(bb) fixing from time to time the number of persons who may
occupy a domestice building or any part thereof, and for marking
on the exterior or interior of such buildings the number of persons permitted
to occupy the same or any part therof;
(cc) the eriodical entry and inspection of all buildings and curtilages
(i) for the purpose of ascertaining whether the same are in an
overcrowded condition; and
(ii) for the purpose of ascertaining the sanitary condition, cleanliness,
an good order thereof or any part thereof, and of any
mezzanine floors, stories, or cocklofts therin, or the condition
of any drains therein or in connexion therewith;
(dd) the promotion of cleanliness and ventilation in domestic
buildings;
(ee) the cleansing and remvoal of refuse and all objectionable
matter at stated times from domestic buildings;
(ff) prescribing the conditions under which alone it shall be alwful
to live in, occupy, or use, or to let or sub-let, or to suffer or permit to be used
for habitation or for occupation as a shop, any cellar, vault, underground room,
basement, or room any side of which abuts on or against the earth or soil; and
(gg) the prevention, as far as possible, or mittigation of any epidemic,
endemic, or contagious disease, including inter alia provisions-
(i) for the removal of persons suffering from any such disease;
(ii) for the speedy and safe disposal of the dead;
(iii) for house to house visitation;
(iv) for the destruction of infected bedding, clothing, or other
articles;
(v) for the compulsory vacting of houses; and
(vi) for such other matters or things as may appear to the boar
advisable for preventing or mitigating such disease.
(2) the board may in any such by-laws impose penalties for any
breach thereof not exceeding $25 in each case.
14(1) all by-laws made by the board under the provisions of
this ordinance shall be submitted to the governor, and shall not take
effect until approved by the legislative council.
(2) all such by-laws, when so aproved, shall be published in the
gazette in english and chinese, and shall have the same force of law
and be as binding and valid as if they had been contained in this ordinance.
sanitary staff and its powers.
15(1) the governor may appoint such persons as he may see fit to
be respectively medical officer of health, secretary of the board,
assistant medical officers of health, assistant secretary of the board,
sanitary surveyors, and inspectors of nuisances. such persons shall be
officers of the board. (2) the governor may also appoit such servants as the board may
from time to time recommend.
(3) there shall be paid from the colonial treasury to such officers
and servants such salaries and allowances as the governor, with the consent
of the legislative council, may from time to time determine.
(4) any person or person appointed to act as assistant medical officer
of health or as assistant secretary may be authorized by the
board, or by the president or vice-president of the board, to perform
all or any of the duties of the medical officer of health or of the
secretary respectively, and all notices, certificates, or other instruments
signed by such person or persons under the authority of the board, its
presdient or vice-presidnet, shall be deemed to have been duly signed
by the order of the board.
16 notice in the gazette of the appointment of any officer under this
ordinance shall be deemed sufficient evidence of such apointment.
17 the medical officer of health and any assistant medical officer
of health may, with or without assistants as he may deem desirable, at
all times between the hours of 6 o'clock in the morning and 6 o'clock in
the evening, enter and inspect any house or premises for the purposes of
ascertaining the sanitary condition thereof or of ascertaining whether
any infectious or contagious diesease exists therein: provided always
that unless, in the opinion of such officer, any delay in entering and
inspecting may, or is likely to, prove injurious or detrimental to public
health, he shall in each case before entering and inspecting, if the occupants
offer any reasonable objection to enter and inspect such premises
by leving such notice with the occupants or at the house or premises
which he intends to enter and inspect. in the case of chinese occupants,
such notice shall be in the chinese character.
18 the medical officer of health and any assistant medical officer
of health may also enter and inspect any house or premises at any hour
of the night or day for the purposes mentioned in the last preceding
section without giving any such notice as aforesaid, provided the officer
so entering has obtained or holds a special order in that behalf signed
by the colonial secretary or the president of the board.
19 the board shall have power by its officers to enter and inspect,
upon reasonable notice to the owners or occupiers, any building and
curilage for the purpose of ascertaining the sanitary condition, cleanliness, and
good order thereof or of any part thereof, and of the partitions, mezzanine
floors, stories, and cocklofts therein, and of any drains
therein or in connexion therewith. 20 any officer of the board specially authorized by the board, and
subject to such directions as the board may impose, may enter and inspect
at any time any domestic duilding for the purpose of ascertaining
whether such building or any part thereof is in an overcrowded condition.
21(1) any member or officer of the board duly authorized by the
board in writing may, at any time between the hours of 6 o'clock in
the morning and 6 o'clock in the evening, enter any shop or premises
used for the sale or preparation for sale or for the storage of food, to
inspect and examine any food found therein which he may have reason
be believe is intended to be used as human food, and, in case any such
food appears to such member or officer to be unfit for sunch use, he may
seize the same, and the board may order it to be destroyed or to be so
disposed of as to prevent it from being used as human food.
(2) every person in whose possession there is found any food
liable to seizure under this section shall be liable to a penalty not exceeding
$100.
assault, etc., on member or officer.
22 every person who assaults, obstructs, molests, or hinders any
member or officer of the board in the execution of the duties or the
exercise of the powers imposed or conferred upon him by this ordinance
shall be liable to a penalty not exceeding $100.
nuisances.
23 the following shall be deemed to be nuisances liable to be
dealt with summarily in the manner provided by this ordinance; that
is to say,-
(1) any failure to supply, or any inadequate or defective provision of,
drain, drain-trap, ventilating-pipe, subsoil-drainage, or cesspool
accommodation, or any building or part of a building so dark or so
ill-ventilated as to be danerous or prejudicial to the health of the
inmates;
(2) any street or road, or any part thereof, or any water-course, unllah,
ditch, gutter, side-channel, drain, ashpit, sewer, privy, urinal,
or cesspool so foul as to be noxious, noisome, or unhealthy;
(3) any water-course, well, tank, pool, pond, canal, conduit, or cistern,
the water of which, from any cause, is so tainted with impurities or
so unwholesome as to be injurious to the health of persons living
near or using such water, or which is likely to promote or aggravate
epidemic disease; (4) any stable, cow-house, pig-sty, or other premises for the use of
animals which is in such a condition as to be injurios to health;
(5) any accumulation or deposti of stagnant water, sullage-water,
manure, dirt, house-refuse, or other matter, wherever situated,
which is unhealthy;
(6) any noxious matter or waste waters flowing or discharged from
any premises, wherever situated, into any public street or road, or
into the gutter or side-channel of any street or road, or into any
nullah or water-course or the bed thereof;
(7) any manufacture, trade, or business of a noxious, noisome, or
unhealthy nature;
(8) any cemetery or place of burial so situated or so conducted as to
be unhealthy;
(9) any chimney (not being the chimney of a privae dwelling house)
sending forth black smoke in such quantity as to be a nuisance;
and
(10) any act, omission, or thing which is or may be dangerous to life
or injurious to health or property.
24(1) it shall be lawful for the board, on reasonable presumption
of the existence of a nuisance on any premises, by an order in wrting,
to authorize any officer, with an assistant or assistants, to enter such
premises, at any time between 6 o'clock in the morning and 6 o'clock
in the evening, and to inspect the same.
(2) the inspecting officer shall produce and show the order to any
person being or claiming to be the occupier of such premises: provided
that the inspecting officer shall not enter any house upon any land
which may be occupied at the time, except with the consent of the
occupier thereof, wihtout previously giving the said occupier 6 hours'
notice in wrinting of his intention to do so.
25 every person who refuses admittance to the said inspecting
officer, after such notice has been iven, shall be liable to a penalty not
exceeding $25.
26 on the receipt of any information respecting the existence of a
nuisance, the board shall, if satisfied of the existence of a nuisance,
serve a notice on the person by whose act, default, or sufferance the
nuisance arises or continues, or, if such person cannot be found, on the
owner or occupier of the premises on which the nuisance arises, requiring
him to abate the same within a time to be specified in the notice, and
to execute such works and do such things as may be necessary for that
purpose: provided-
(1) that where the nuisance arises from the want or the defective
construction of any structual convenience, or where there is no
occupier of the premises, such notice shall be served on the owner;
and
(2) that where the person causing the nuisance canot be found, and
it is celar that the nuisance does not arise or continue by the act,
default, or sufferance of the owner or occupier of the premises, the
board may itself abate the same.
27(1) it shall be lawful for the board, in any case where there is
a contravention of an of the requirements of any of the by-laws made
under this oridnance, to issue a notice to the offender, stating what is
required to be done to carry out the provisions of such by-laws, and to
call upon him to comply with such notice within a reasonable time to
be stated in such notice.
(2) the medical officer of health, the secretary, or such other officer
as the board may depute may, however, institute summary proceedings
before a magistrate against any person contravening any of the aforesaid
by-laws without the previous issue of such notice by the board, and,
on conviction for a contravention of any such by-law, the magistrate
may impose a penalty not exceeding $25: provided that
no such proceedings shall be instituted by any officer so defputed
as aforesaid without the consent of the secretary of the board.
28 if any person served with a notice under section 26 or section 27
is dissatisfied wiht such notice, it shall be lawful for him, within the
time therein specified, to apply to the board to review the same, stating
the grounds of his application, and the board shall thereupon inquire
into the matter, and shall confirm, modify, suspend, or discharge the
notice or extend the time allowed for compliance therewith.
29 if any person served with a notice under section 26 or section 27
has not obtained from the board a modification or wihtdrawal of the
notice, and continues to make default in complying with the requriements
of the notice, or, in the case of a nuisance, if the same, althoug
abated since the service of the notice, is, in the opinion of the board,
likely to recur on the same premises, the board shall cause a complaint
relating to the no-compliance with the notice or to such nuisance to be
made before a magistrate; and the magistrate shall thereupon issue a
summons requiring the person on whom the notice was served to appear
before him.
30(1) If the magistrate is satisfied that the requirement of the
board is legal, or that the alleged nuisance exists, or that, although the
said nuisance is abated, it is likely to recur on the same premises, the
magistrate shall make an order such person requiring him to comply with all or any of the requisitations of the notice, or otherwise to abate the
nuisance, within a time specified in the order, and to do any works necessary
for that prpose; or an order prohibiting the recurrence of the
nuisance, and directing the execution of the works necessary to prevent
the recurrence; or an order both requiring abatement and prohibiting
the recurrence of the nuisance.
(2) the magistate may, by his order, impose a penalty not exceeding $25
upon the person against whom the order is made,
and shall also give directions as to the payment of all costs incurred up
to the time of the hearing or making the order for obeying the rquisitions of the
requisitions of the notice or for abatement or prohibition ofthe nuisance,
as the case may be.
31 where the nuisance proved to exist is such as to render any
building, in the judgment of the magistrate, unfit for human habitation,
the magistrate may, by an order in writing, prohibit the use thereof for
that purpose until, in his judgment, it has been rendered fit for that
purpose, and may direct that a cpy of the order the affixed to the
building in question; and, on the magistrate being satisfied that it has
been rendered fit for that purpose, he may determine his previous orde
by another, declaring the building habitable, and from the date thereof
the building may be inhabited or let for habitation.
32(1) every person who does not obey an order to comply with
the requisitions of the board, and fails to satisfy the magistrate taht he
has used all due diligence to carry out such order, shall be liable to a
penalty not exceeding $10 for each day during his default.
(2) every person who knowingly and wilfully acts contrary to any order
of prohibition shall be liable to a penalty not exceeding $25 for
each day during such contrary action.
(3) moreover, the board may by its officers enter the premises to
which any order relates, and abate the nuisance, and do whatever may be
necessary in execution of such order, and recover in a summary manner
the expenses incurred by it from the person against whom the order was made.
(4) every person who defaces any copy of a magistrate's order which
has been affixed to any house or building shall be liable to a penalty not
exceeding $50.
33 a notice issued by the board relating to a nuisance shall be in
the form in the 3rd schedule to this ordinance, with such modifications,
if any, as may be necessary.
34 every such notcie or order may be served by any officer or servant
of the board by delivering the smae to or at the residence of the person to whom it is addressed, and, when addressed to the owner of any
premises, it may, if such owner cannot be found, be served by deliviering
the same to some person upon the premises, or, if there is not person
upon the premises who can be so served by affixing the same to some
conspicuous part of the premises.
removal of infected perseons.
35 where any person is suffering from small-pox or any other contagious or
infectious disease, and is without proper lodging or accomodation, or
is lodged in a domestic building occupied by more than one
family, or is on board any ship or vessel, a magistrate may, on the
certificate of any duly qualified medical practitioner, order the removal
of such person to such suitable hospital or other like place as may be
provided for the purpose.
keeping of cattle, swine, etc.
36(1) the keeping of cattle, swine, sheep, or goats without a
licence from the board is hereby prohibited.
(2) every person who keeps any such animals, either without a
licence from the board or in a manner contravening such sanitary conditions
as may be indorsed on such licence, shall be liable to a penalty
not exceeding $5 and, in the discreation of the magistrate, to
forfeit all or any of the animals in respect of the keeping of which he
has so offended.
cemeteries.
37(1) it shall be lawful for the governor-in-council from time to
time select and appoint, and, by advertisement in the gazette, to
notify, sufficient and proper places to be the sites of and to be used as
cemeteries or burial grounds for the chinese; and from time to time to
alter, vary, and repeal the said notifications by others, to be advertised
in the like manner.
(2) in such cemeteries or places it shall be lawful for the chinese, in
conformity with the provisions of any by-laws for the time being in
force, to bury their dead: provided that any person who uses for that
purpose a grave of less than 6 feet in depth from the ordinary surface
of the ground to the uppermost side of the corpse or coffin therein deposited
shall for every offence be liable to a penalty not exceeding $50.
38(1) the cemeteries or burial grounds hereinafter mentioned and
such other cemeteries or burial grounds as may from time to time be
authorized by the governor, notice whereof shall be published in the
gazette, shall be deemed authorized cemeteries.
(2) every person who, without the written premission of the governor
on the recommendation of the board, buries any corpse or coffin in any
ground not being an authorized cemetery shall for every such offence be
liable to a penalty not exceeding $100.
AUTHORIZED CEMETERIES.
Chinese.
the mount caroline cemetery.
the mount davis cemetery.
the kai lung wan cemetery.
the aberdeen cemetery.
the shek o cemetery.
the stanley cemetery.
the chai wan cemetery.
the matauwai cemetery.
General.
the colonial cemetery
the roamn catholic cemetery
the mohammedan cemetery at happy valley.
the hindoo cemetery
the zoroastrain cemetery
the jewish cemetery
the eurasian cemetery, mount davis.
the cemetery of the french mission, pokfulam.
the hindoo cemetery, kowloon.
39(1) it shall be lawful for the governor-in-council from time to
time to notify, by advertisement in the gazette, that any cemetery or
burial ground shall, from a time in such notification to be specified, be
closed, and the same shall be closed accordingly.
(2) every person who, after the expiration of the said specified time,
buries any corpse in the said cemetery or burial ground shall for every
such offence be liable to a penalty not exceeding $100.
drainage works.
40 the owner of any new building erected within the city of
victoria shall construct the ground floor of such building at such sufficiently
high level as will allow ofthe construction of a drain and of the
provisions o the requisite communication with any public sewer into
which such drain may lawfully empty, at a point in the upper half-
diameter of such sewer. 41 all works connected with the construction, disconnexion, trapping,
and ventilating of house-drains shall be carried out at the cost and
charges of the owner of the building, either by the board or by persons
approved of by the board, under the supervision of the board and to its
satisfaction.
42 the board may, by a written notice, require the owner of any
existing building the drains of which are, in the opinion of the board,
in a defective or insanitary condition to construct, within a reasnable
time to be determined by the board, new house-drains in accordance
with the provisions of this ordinance or of any by-law for the time being
in force, or to make such other improvements in the existing defective
drainage of such building as, in the opinion of the board, may be necessary
to meet the requirements of this or of any by-law made
thereunder.
43 if it appears to the board that a group of contguous buildings
may be drained more advantageousl in combination than separately,
the board may order that such group be drained upon some combined
plan to be approved by it, and the cost therof, together with the
expenses of maintenance, shall be apportioned by the borad between the
different owners of such group of contiguous buildings.
44 if any building is wihtout a sufficient drain, and if a public
sewer of sufficient size is within 100 feet of the premises or
outermost boundaries of the lot on which such building is situated, and
if such public sewer is on a lower level, it shall be alwful for the board
to require the owner of such building to connect it with such public
sewer by means of a proper drain adequately trapped and ventilated, to
the satisfaction of the board: provided always that if any owner, by
order of th board, connects his building with a public sewer, he shall
not be required to connect such building at his own expnse, wiht any
other public sewer.
45(1) whenever the board has rason to believe that the drains
of any building are defetive and in a condition injurious to health, it
shall be lawful for the board to order an inspecting officer to enter the
premises and to inspect such drains, and, if requisite for the purpose of
such inspection, such officer shall cause the ground to be opered in any
place or places he may deem fit, doing as little damage as may be.
(2) if such drains are found in a satisfactory condition, they shall be
reinstated and made good by the board at the publice expense, but if
such drains prove, in the opinion of the board, defective, the board
shall cause them to be properly reconstructed in accordance with the
provisions of this ordinance. 46 the owner of any new building in a village or rural district of
hongkong or kowloon shall construct the ground floor of such building
at such sufficiently hight level as will allow of the construction of a drain
and of the provision of the requisite communication with any public sewer
into which such drain may lawfully empty or with any other means of
drainage with which such drain may lawfully communicate.
47 wherever feasible, every house-drain in a village or rural district
of hongkong or kowloon shall hereafter be an open drain, consisting of
a smei-circular channel, of glazed stoneware jointed in cement mortar
and laid to adequate falls on a bed of good lime or cement concrete, to
the satisfaction of the board.
48 in an isolated place not connected with any public drainage
systme every such open drain shall lead and empty into a covered sump
or cesspit built of brick or lime concrete rendered smooth in good
portland cement mortar in such manner as to be water-tight.
wells and pools.
49(1) no premises within the city of victoria or any village of
hongkong or kowllon shall be so excavated as to admit of the formation, on
the surface thereof, of any poor of stagnant or other foul water.
(2) it shall be lawful for the board to call upon the owner of any
premises whereon any such pool exists to fill up the same with good
clean earth to the level of the surrounding ground or to drain off such
pool by means of a surface-drain into any channel wiht which such surface-drain
may lawfully communicate.
50(1) where it is made to appear to the board that any well is in
an insanitary condition or is likely to prove injurious to health, and that
it is expedient that it should be closed and filled up, the board may call
upon the owner, by notice in writing under the hand of the secretary, to
close and fill up the same within the time limited in such notice.
(2) if such notice is not complied with, the board may cause the
owner to be summoned before a magistrate, and the magistrate may
make such order in the matter and as to costs as he may deem right.
(3) if the magistrate orders the well to be closed and filled up, he
may impose a penalty not exceeing $5 for each during
which his order is not complied with.
oepn space, backyards, tc.
51 every person who erects a new building on land obtained from the
crown subsequent to the 30th day of may, 1888, and on a site excavated out
of a slope or declivity, shall not permit such new building to abut aginst the hillside, but shall leave a clear intervening space or
area of at least 4 feet between such new building, along it whole extent,
and the toes of the slope of the hill-side: provided always that-
(1) any kitchen or out-house appertaining to such new building may
abut aginst the bill-side, if not designed or intended for human
habitation; and
(2) any basement story, designed for cellarage or puroses other than
human habitation, may abut against the hill-side, to the extent of
the height of such basement story.
52 every person who, under the provisions of the last preceeding section,
leaves a clear intervening space or area between a new building
and the hill-side shall made the surface of the floor of such area at least
12' lower than the level of the basement floor of such new
building, and he shall lay, to the full extent of such area, along the toe
of the slope of the hill-side and to a depth of at least 12' below
the surface, a line of hard, sound, stone-ware field pipes, of not less than
3' diamenter, for the purpose of effectually draining the submoil
of such area, and he shall not cause such subsoil drain to be passed out
under the floor of any building, unless any other mode of outlet is impracticable;
and, in such case, he shall cause the subsoil drain to be so
laid under the ground floor of such new building that there shall be a
distance of at least 9' between the top of such drain and the
surface of such ground floor.
53(1) every area shall be dept at all times free and unobstructed
by structures of any kind other than flights of steps, nor shall such area
be roofed in or covered over with glass or other material.
(2) no bridge or filight of steps shall be placed over any window
opening into such area.
(3) every area shall be provided with a suitable parapet wall, or safte
iron railing or fence, along its upper edge.
54 every person who erects a domestice building upon land which
has been obtained from the crown subsequent to the 30th day of may, 1888,
shall provide along the entire bakc of such building, if one-storied,
a clear space froming a backyard of at least 10' in width, and, if
such building is of 2 or mor stories, he shall cuase the width of such
backyard to be consent of the governor-in-council, shall have power in any
special case to modify the requirements of this section, where such modification
may appear necessary.
55(1) every existing domestic building must be provided by the
owner with an open space in the rear, by opening out on each floor one-half
of the space intervening between the principal room and
the main wall at the black of such building as weel as the corresponding
portion of roof, unless such building is already provided with an open
and unobstructed backyard of at least 50 square feet in area, and
the building must be provided on every floor with a window of at leas
10 sq feet superficial area opeingin into such open space. the area
of such window shall not be included in calculating the window area required
by section 69.
(2) for th purposes of this section, any domestice building (other tahn
a corner house) having 2 main frontages in different streets shall be
regarded as 2 domestice buildings, if the entire depth from frontage to
frontage exceeds 50 feet.
(3) the board, with the consent of the governor-in-council, shall
have power, in any special case, to modify the foregoing requirements
of this section, where such modification may appear necesary.
(4) in no case shall any obstruction whatever be placed or erected in
any such open space, with the exception of a bridge or covered way on
each stroy, not exceeding 3 feet 6' in width, when such
bridge is necessary as a means of access to any part of the domestic
building.
56(1) every domestic building hereaftererected (except in casses
provided for by section 54 or coming within the terms of articles of
agreement under the praya reclamation ordinance, 1889,) shall be
provided by the owner with an open space in the rear in accordance
with the following scale:-
an open space not less than
a house not exceeding 40 feet in depth, for each foot of width 8 square feet.
a house exceeding 40 feet but not exceeding 50 feet in depth,
for each foot of width........................................ 10 square feet.
a house exceeding 50 feet but not exceeding 60 feet in depth,
for each foot of width........................................ 12 square feet.
a house exceeding 60 feet in depth, for each foot of width 14 square feet.
(2) in no case shall any obstruction whatever be placed or erected in
any such open space, with the exception of a bridge or covered way on
each story when such bridge is necessary as a means of access to any
part ofthe domestic building; such bridge shall not exceed 3 feet 6'
in width, unless the building exceeds 25-feet in width, in
which case the bridge may be of a width not exceeing 5'. the
buidling must also be provided on every floor with a window of at least
10 sq feet superficial area opening into such open space, and the
area of such window shall not be included in calculating the window
area required by section 69. (3) provided always that when the owners of a block of buildings
agree to make and do make a lane opening at both ends upon a public
thoroughfare and free from obstruction throughtout, both vertically and
horizontally, the foregoing requirements shall be modified as follows:-
a lane not less than
houses not exceeding 40 feet in dept....................... 6 feet wide.
houses exceeding 40 feet but not exceeding 50 feet in depth 8 feet wide.
houses exceeding 50 feet but not exceeding 60 feet in depth 11 feet wide.
houses not exceeding 60 feet in dept....................... 13 feet wide.
(4) the buildings mustbe provided on every floor with a window of
at lest ten sq feet superficial area opening into such lane. the
area of such window shall not be included in calculating the window
area required by section 69.
(5) the board, with the consent of the governor-in-council, shall
have power in any special case to modify the foregoing reequirements of
this section, where such modification may appear necessary.
(6) in computing the depth of a domestic building for the purposes
of this section, the depth of the kitchen shall be included in the computation
of such depth in every case except where the kitchen is separated
from the principal room or rooms of the building by an open backyard
of at least 6 feet in depth extending the entire width of the back of
the building and unobstructed except by a bridge or covered way on
each floor, not exceeding the width specified in sub-section (2) of this section.
habitation of kitchens, etc.
57(1) it shall not be lawful, without the written permission of the
board, to live in, occupy, or use, or to let or sublet, or to suffer or permit
to be used for habitation or for occupation as a shop, any kitchen, out-
house, cellar, vault, underground room, basement, or room any side of
which abuts on or against the earth or soil.
(2) every person who contravenes any provision of this section shall
be liable to a penalty not exceeding $25.
water-closets, urinals, and latrines.
58(1) no person shall construct, except in a hopital, any water-
closet or urinal having any communication with any public sewer or
private drain, without the permission of the board.
(2) any existing water-closet or urinal so communicating shall be
removed by the owner, on his being required by the board to effect such
removal. 59 every factory, refinery, distillery, godown, or other industrial
establishment whatsoever, employing a number of persons, shall be provided by
the owner hereof with proper privy accommodation on the
premises, to the satisfaction of the board.
60(1) no public latrine shall be erected until the previous sanctio
in writing of the board has been obtained.
(2) the board shall not incur any legal liability in respect of having
granted such sanction, nor shall such sanction protect the owner of any
publice latrine from any liability to an injunction or other legal proceedings
in case the latrine is at any time so conducted as to become a
nuisance or its erection is contrary to agreement or is otherwise wrongful.
61 when, in the opinion of the board, additional public latrine
accomodation is required in any locality, the board may apply in writing
throught its secretary to the governor, through the colonial
secretary, specifying the site (upon crown land) pon which it desires
the erection of a public latrine and the accommodation to be provided by
such latrine.
62 if such application is approved of by the governor, a notification
shall be published, in english and chinese, in 3 successive numbers
of thegazette, specifying the site and that the government proposes to
erect thereon a public latrine.
63(1) if any owner or occupier of property in the immediate
vicinity of such site objects to such erection, such objection must be sent
in writing to the colonial secreatry so as to reach his office not later
than 1 week after the publication of the last of such notifications
(2) such objection must state the reasons and specify the property
with regard to the ownership or occupation of which such objection is
made and the interest of the objector.
64 if such objection so duly made and is not withdrawn, the
government shall not be entitled to claim the immunity conferred by
the next succeeding section unless, after such object has been considered,
a resolution of the legislative council is passed aproving of the
site and the erection thereon of such latrine.
65 where such resolution as is mentioned in the last preceding
section ahs been passed or where no objection has been so duly made or
has been withdrawn, no injunction shall be granted against the erection,
continuance, or use of such latrine, no shall any action be brought for
damages or compensation in respect of such erection, continuance, or use. 66 the immunity with regard to injunctions and actions conferred
by the last preceding section is hereby extended to all the government
public latrines existing at the commencement of this ordinance, as fully
as if the resolution referred to in the said section had been passed in their
case.
67 the board shall have the control and management of all latrines
erected under the provisions of this ordinance or protected thereby, and
any by-laws for the time being in force relating to public latrines shall
apply to all government public latrines, including any which may be
erected under the provisions of this ordinance.
68 nothing in this ordinance relating to public latrines shall in any
way be deemed to derogate from any existing rights or powers of the government.
windowns, cubicles, and mezzanin floors.
69 every person erecting a new building shall provide every habitable
room therein with one window, at least, opening directly into the
external air, and he shall cause the total area of such window or windows,
clear of the window frames, to be at least one-tenth of the floor area of
every such room.
70(1) the following requirements shall be observed with regard
to cubicles and partitions:-
(a) in a domestic building fronting a street of a width of less than
15 feet, no cubicle or partition shall be erected, or, if already
existing, shall be allowed to remain, except on the top floor;
(b) in a domestic building fronting a street of a width of 15 feet
or over, no cubicle or partition other than 'ping fund'
(i.e. shop divisions) shall be erected, or, if already existing, shall be
allowed to remain, on the ground floor, and in the case of every
such 'ping fung' there must be a space between the top theeof
and the ceiling or under side of the joists of the room of not less
than 4 feet, which may be closed in only by wire netting,
lattice work, or carved woodwork, arranged in such a way as to
leave at least 2-thirds open, and, as far as practicable, evenly
distributed;
(c) no cublicle or partition shall be erected, or, if already existing,
shall be allowed to reamin, in any kitchen;
(d) where one cubicle only is hereafter erected or already exists in
any room of a domestic building, no portion of the structure of
such cubicle shall exceed 8 feet in height; 2 cubicles
only are so erected or exist, no portion of the structure of either of such cubicles shall exceed 7 feet in height; and where
more than 2 cubicles are so erected or exist, no portion of the
structure of any such cubicles shall exceed 6 feet in height. in
every case, however, there must be a space between the top of
every portion of the structure of such cubicles and the ceiling or under
side ofthe joists of the room of not less than 4 feet,
which may be closed only by wire netting, lattice work, or carved
woodwork, arranged in sch a way as to leave at least 2-thirds
open, and, as far as practicable, evenly distributed;
(e) no cubicle whatevver shall be erected in any room of a domestic
building, or, if already existing, shall be allowed to remain, unless
such room is provided with a window or windows opening directly
into the external air and having a total area, clear of the window
frames, of at least 1/10 of the floor area;
(f) no portion of thestructure of any cubicle, except the necessary
corner posts, shall be nearer than 2' to the floor of such
cubicle, and no structure shall be erected, or, if already existing,
shall be allowed to remain, within any cubicle which is of a
greater height than the maximum height allowed by this section
for any portion of the structure of such cubicle or which provides
a cover or roof to the cubicle;
(g) no partition shall be erected, or, if already existing, shall be
allowed to remain, nearer than 4 feet to any window the area of
which is incuded in calculating the window area specified in
paragraph (e) of this sub-section; and
(h) no cubicle used for sleeping purposes shall have a less floor
area than 64 feet and a less length or width than 7 feet.
(2) for the purposes of this section, ever sub-division of a domestic
building, unless such sub-division has a window or windows opening
directly into the external air and having atotal area, clear of thewindow
frames, equal to 1/10 of the floor area of such sub-divisin, shall be
deemed to be a cubicle.
71(1) it shall not be lawful to erect, or, if already existing, to
allow to remain, in any room in any domestic building any mezzanine
floor or cockloft whatsoever, excet in accordance with the by-laws
relating thereto contained in the first schedule to this ordinance.
(2) the board may, with the consent of the governor-in-council, at
any time later, amend, or revoke any of such by-laws and made new by-laws
in lieu thereof. such altered, amended, or new by-laws shall not
take effect until they have been published in the gazette.
(3) every intermediate floor, platform, or landing, of a greater length than 6 feet and of a grater breadth than 2 feet, which has not a
clear space of at least 9 feet, measured verticaly, both above and
below it, and which is not separately provided with a window or
windows opening directly into the external air and having a total area,
clear of the window frames, of at leas 1/10 of the floor area, shall
be deemed to be a mezzanine floor or cockloft.
concreting of ground sufaces.
72 it shall not be such lawful for any person, except caretakers not
exceeding 2 in number, to live in or occupy, or to suffer or permit any
other person, except such caretakers, to live in or occupy any domestic
building, unless-
(2) the board has granted permission in writing to occupy such
building:
provided always that this section shall not apply to any domestic
building, cook-house, latrine, privy, or backyard which has been paved,
to the satisfaction of the board, in accordance with any existing law or
by-law and which is so maintained.
73 where the ground surface of an domestice building, or of any
cook-house, latrine, or open surface connected therewith, such as bakcyards,
court yards, or other spaces on which slops may be thrown or from
which foul waters flow, is or has been paved or covered over with
impervious material, to the satisfaction of the board; and such material
has been subsequently broken, excavated, or otherwise disturbed, the
landlord or owner shall make good the same, to the satisfaction of the
board, on the completion of any work for the execution of which the
same has been broken or otherwise disturbed or within 7 days from
the receipt by him of written notice from the board to do so, and, in
default thereof, he shall be liable to a penalty not exceeding $25
for each offence and to a further penalty not exceeing $10
for each day after such conviction during which such offence
continues.
74(1) the floor of every area and of every basement story shall
be properly asphalted, paved, or covered over with a layer of good lime
or cement concrete at least 6' thick, and shall be finished off
smooth with not less than 2' of cement concrete or of such
other material as the board may by any by-law presribe.
(2) the floor of every such area shall have a fall, from the external
wall of such building towards the face of the hill-siade, of at least half
an inch to the foot.
overcrowding.
75 every domestic building and any aprt thereof which is found to be
inhabited in excess of a proportion of one adult for every 30 sq feet
of habitable floor space or superficial area and 400 cubic
feet of clear and unobstructed internal air space shall be deemed to be
in an overcrowded condition.
76(1) it shall not be lawful for any householder or tenant to let,
or sublet, or allow to be used for occupation any domestic building or
any part thereof to or by so large a number of persons as to cause the
same to be in an overcrowded condition.
(2) the householder or tenant (together with his family, if any,), if
resident in any such domistice building, shall be counted in ascertaining
whether such building or any part thereof is in an overcrowed condition.
(3) where any domestic building or any part thereof is ascertained
to be in an overcrowded condition between the hours of 11 o'clock at
night and 5 o'clock on the following morning, such overcrowding
shall bedeemed to be prima facie evidence that such building or part
thereof was let or sublet in contravention of this section.
77(1) if any tenement-house or other domestic building, or any
portion thereof, is found to be in an overcrowded condition, the board
shall, by aa written notice, require the tenant of the same, or any portion
thereof, and also, if necessaary, the householder, to abate such overcrowding,
within a period of 1 week; and such notice shall specify
the cubic capacity available for habitation in such tenement-house or
other domestic bilding, and the number of persons which may be
legally accommodated therein.
(2) if the notice is not obeyed, it shall be lawful for the board to
apply to a magistrate, who, on sufficient cause shown, shall summon
before him the tenant or occupier of such dwelling house or such house-holder.
(3) if the person summoned admits, or if it is proved, to the satisfaction of the
magistrate, that the said house is overcrowded, the magistrate
shall make an order for the abatement of the nuisance forthwith, and
may inflict a penalty not exceeding $25.
(4) on the hearing of the matter, the magistrate may make such order
for the inspection, at any hour of the night or day, of the said house
as the circumstances of the case may require, and such order shall continue
in force for a period not exceeding 1 month. 78 any room of a tenement-house which is used as a common kitchen
shall not be used as a sleeping room, and the householder or tenant
thereof shall be reponsible that such common kitchen is not so used; nor
shall any passage, lobby, or other place partitioned off from any
sleeping room to the height of the ceiling be included in the calculation
of the cubic capacity for human habitation.
79 in the calculation of cubic space for the purposes of this ordinance, 2 children of
or unde 10 years of age shall be counted as
one person and every person over 10 years of age shall be considered as
an adult.
80 no room fitted with bunks or beds shall be so fitted as thereby to
provide sleeping accomodation for a greater number of persons than
are by law permitted to occupy the room.
common lodging-houses.
81(1) no person shall open or keep open a common lodging-house,
unlless the house is registered and the keeper thereof is licened by the
registrar general.
(2) if any person who opens or keeps open any common lodging-
house contrary to the provisions of this ordinance cannot be found, or if
the keeper of any common lodging-house which is opened or kept open
contrary to the provisions aforesaid is absent from the colony, the house-
holder as defined by this ordinance shall be deemed to be the person
who opens or keeps open such house and shall be liable accordingly.
82 every person who, in making application for the registration or
licensing of a common lodging-house, knowingly makes any fasle
statement regarding any of the particulars required to be stated in
such application shall be liable to a penalty not exceeing $25.
83(1) the keeper of a common lodging-house, and every other
person acting in the caare or management thereof, shall at all times, when
required by any officer of the board, give him free access to such house
or any part thereof.
(2) any such keeper or person who refuses such access shall be
liable to a penalty not exceeding $25.
approval of domestic buildings.
84 no person who erects a domestic building shall allow the same
or any portion thereof to be occcupied until such building has been
previously examined by an officer of the board, duly authorized by the board, and certified by such officer as having been built in compliance
with the entire provisions of this ordinance. such examination shall
be made without unnecessary delay.
private streets.
85(1) every street on private land, in the reear of domestic
buildings, shall be and shall be kept concreted, channelled, and drained,
and may, if the director of public works thinks fit, be provided with
lighting apparatus, by the government, at the expense of the owners of
the land abutting on such street, and the several owners of such land
shall bear the cost of such concreting, channelling, draining, and providing
with lighting apparatus in proportion to the width of their respective
land at the place where it abuts on such street, and the
government may recover such proportionate cost, together with interest
thereon at the rate of eight per cent. perannum from the date of
demand of payment of such proportionate cost made by the director of
public works, from any such owner, by an action in the name of the
director of public works in the supreme court in its summary jurisdiction.
the cost of the illumination of such street shall, however, be
borne by the government.
86 every street on private land upon which domestic buldings front
shall, if it does not fall within the provisions of the last preceding section,
be and be kept surfaced, channelled, and drained, and may, if
the director of public works thinks fit, be provided with lighting
apparatus, by the government, at the expense of the owners of the land
abutting on such street, and the several owners of such land shall bear
the cost of such surfacing, channelling, draining, and roviding with
lighting apparatus in proportion to the width of their respective land at
the place where it abuts on such street, and the government may recover
such proportionate cost, together with interest thereon at the rate
of eight per cent. perannum from the date of demand of payment of such
proportionate cost made by the director of public works, from any such owner,
by an action in the name of the director of public works in the supreme court
in its summary jurisdiction. the cost of the illumination of such street shall,
however, be borne by the government.
recovery of expenses.
87(1) all reasonable expenses incurred by the board in consequence of
any default in comply with any order or notice issued
under the provisions of this ordinance shall be deemed to be money
paid for the use and at the requirement of the person on whom the said order or was made, and shall be recoverable from the said person
in the ordinary course of law at the suit of the secretary.
(2) the provisions of this section shall apply to any orders or notices
issued by the board or by any duly appointed committee of the board
under any by-laws for the time being in force.
88 the provisions of the crown remedies ordinance, 1875, and of
any ordinance amending the same, shall apply to the recovery of all
such expenses, and the certificate required by that ordinance shall be
signed by the secretary.
contraventions and penalties.
89 every act, failure, neglect, or omission whereby any requirement
or provision of this ordinance or of any by-law for the time being in
force thereunder is contravened, and every refusal to comply with any
of such requirements or provisions, shall be deemed a contravention of
this ordinance.
90(1) every person who contravences any of the requirements of
this ordinance, or of any by-law for the time being in force thereunder,
in respect of which no penalty is specially provided, shall be liable to a
penalty not exceeding $50, and in any case where, in the opinion
of the magistrate, the contravention is likely to be continued, the
magistrate may require such person to comply with this ordinance or
with any by-law in force thereunder within such time as he may direct,
and may inflict a further penalty, not exceeding $5, for every
day after such date during which such person shall fail so to comply.
(2) where such contravention is committed by any company or
corporation, the secretary or manager thereof for the time being may be
summoned and shall be held liable for such contravention.
91(1) all penalties imposed by this ordinance or by any by-laws
thereunder may be recovered in a summary manner before a magistrate
at the suit of the medical officer of health, or of the secretary, or of
such other officer as the board may depute.
(2) the magistrate may order that, in default of payment of any
penalty imposed by him under this ordinance, the person so in default
shall be imprisoned, with or without hard labour, for any period not
exceedin that provided by the scale in that behalf contained in the
magistrates ordinance, 1890.
92 where proceedins under this ordinance are competent against
several persons in respect of the joint act or default of such persons, it
shall be sufficient to proceed against one or more of them without proceeding
against the others. special powers of magistrate.
93(1) it shall be lawful for a magistrate, in his absolute discretion, to order the whole
or any portion of any building, or of any room containing a cubicle
or partition, to be forthwith closed by or under the direction of the
cpatin superintendent of police and to remain closed
until the alterations or removal required by sections 55 and 70 have or
has been certified in writing by the board to have been made and completed, to the
satisfaction of the board.
(2) any person who is found living in any building or portion
thereof so closed as aforesaid shall be deemed to have acted in contravention
of this ordinance and shall be punishable accordingly.
94 it shall be lawful for a magistrate, in any case in which it is
proved to his satisfaction that any mezzanine floor, cockloft, cubicle,
partition, or 'ping fung' is not in accordance to or in substitution for any
penalty specified in this ordinance, the immediate demolition, removal,
and destruction by any officer of th board of such mezzanine floor,
cockloft, cubicle, partition or 'ping fung' or any portion thereof, and
no compensation whatever shall be payable to any person in respect of
any damage done to such mezzanine floor, cockloft, cubicle, partition, or
'ping fung' by such demolition, removal, and destruction.
certificates.
95(1) any certificate or written permission of the board under this
ordinance or any by-law may be given under the hand of the secretary
or such other officer as the board may appoint in that behalf.
(2) every such certificate and permit shall for all purposes be prima
facie evidence of the matters therein stated.
application of the ordinance.
96 this ordinance shall not apply to any part of the new territories
except new kowloon, unless and until the governor, by order-in-
council notified in the gazette, otherwise directs/
97 the provisions of sections 55, 56, 70, 71, 80, 85, 86, 93, and 94
shall not apply to the hill district.
98 the provisions of sections 72 and 73 shall not apply to any
domestic building existing on the 29th day of december, 1894, unless
such building is situated within the city of victoria, or at kowloon
point, hunghom, yaumati (including so much of kowloon as lies to
the south of a line drawn from the pumping station at yaumati through
the police station at hunghom to the boundary of war department property), or taikoktsui, or within such other districts or places as may
from time to time be specified by the governor-in-council and notified in
the gazette.
SCHEDULES.
THE FIRST SCHEDULE.
BY-LAWS.
PART I.
BAKE-HOUSES.
1 all premises now used or hereafter usd as a bake-house shall be registered
annually, during the month of january, at the office of the board, and
everyp application for registration shall be made in the form appended to these
by-laws.
2 the ground surface of every bake-house shall be paved, to the satisfactin of the baord,
with good lime or cement concrete laid down at least 6' thick, and
the surface thereof shall be rendered smooth and impervious with
asphalt, portland cement, or such other material as the board may approve of.
3 every bake-house shall have an ample supply of good potable water, and,
except with the special permission of the board, this water shall be laid on to
the bake-house from the public water mains.
4 every bake-house shall be so drained as to be in accordance with the
requirements of the public health ordinance, 1901, and the by-laws made
thereunder, and, wherever practicable, the inlets to the drains shall be placed
outside the rooms in which baking operations are carried on.
5 no water-closet, dry-closet, earth-closet, or urinal shall be within or in
direct communication with any bake-house.
6(1) every bake-house shall be kept at all times in a cleanly condition
and free from all noxious mater.
(2) the troughs, tables, and utensils in use in the bake-house shall be
thoroughly cleansed and the floors properly swept at least once in every
24 hours.
(3) the whole of th interior walls and the ceilings of the rooms of the bake-
house shall be properly lime-washed and the woodwork thoroughly
scrubbed with soap and water during the first and seventh months of each
year.
7 no animal shall be kept in a bake-house.
8 no person suffering from any infectious or contagius disease shall be
permitted to take part in the manufacture or sale or delivery of bread or biscuits.
9 every bake-house shall be, during the hours in which baking operations
are carried on, open to inspection by the medical officeer of health or any of
the board's officers duly deputed by him. 10 no person, other than a caretaker, shall pass the night in any rom
used as a bake-house, or in any of the rooms used for theprepartion or
stoarge of the food prepared in such bake-house, unless such person is at the
time actively enaged in carrying on the work of the barkery.
11 no premises shall be used as a bake-house until such premises have been
approved by the board a being in accordance with the by-laws for the time
being in force relating to the regulation of bake-houses, and have been registered.
form of application for registration.
I, the undersigned, hereby notify the sanitary board that I propose to
commence/continue the business of a public bakery on the premises known as No.
street, floor, Lot No. , and I request that the said premises may
be duly registered as a public bakery.
dated the day of , 19 .
(signed)
applicant.
PART II.
BASEMENTS.
1 the conditions under which alone it shall be lawful to live in, occupy, or
use, or to let or sub-let, or to suffer or permit to be used for habitation any
cellar, vault, underground rom, basement, or room, any side of which abuts
on or against the earth or soil, shall be-
(1) that such cellar, vault, underground room, basement or room is fronts
on street which is of a clear width of not less than 8 feet free from
any vertical obstruction whatever;
(2) that such cellar, vault, underground room, basement or room is provided
with one window at least opening into the external air and the
total area of sch windown or windows, clear of window frames, is at least
1/10 of the floor area of such cellar, vault, underground room, basemetn, or
room;
(3) that no side of such cellar, vault, underground room, basement or room
abuts against the earth or soil to an average height exceeding 4 feet
above the floor level;
(4) that ahroughout the remainder of the height of usch cellar, vault,
underground room, basement or room the ground outside is at least four feet
distant horizontally from the external wall of such cellar, vault,
underground room, basement or room; and
(5) that the area formed between such ground outside and such external
wall is not obstructed or covered over, either wholly or partially, by the
erection of structures, coverings, or fixtures of any kind whatsoever:
provided always that the board may, if it thinks fit, grant permission in
writing to obstruct or cover such area in any manner which may be previosly
approved by the board. 2(1) the conditions under which alone it shall be lawful to occupy or
use, or to let or sublet, or to suffer or permit to be used for occupation as a
shop any cellar, vault, underground room, basement or room, any side of
which abuts on or against the earth or soil, shall be that such cellar, vault,
underground room, basement or room complies with the provisions of the last
preceding by-law, or that such cellar, vault, underground room, basement or room
fronts on a street of a clear width of not less than 8 feet free from
any vertical obstruction whatever, and that such cellar, vault, underground room,
basement or room does not exceed 30 feet in length, as measured from the
front wall to he back wall.
(2) such shop shall not be used for habitatin except by such a person or
by such number of persons as the board may authorize in writing, and, in
every case in which the board authorizes any person or persons to use for
habitation any such shop, sleeping accomodation shall be provided by the
erection of a cockloft or bunks, which shall have a clear space of at least 4 feet
between it or them and such side or sides of the cellar, vault, underground
room, basement or room as abuts or abut against the earth or soil.
PART III.
CATTLE-SHEDS, PIG-STIES, ETC.
1 annual licences expiring on the 31st day of december of the year in
which they are granted shall be issued for the keeping of cattle, swine, sheep,
and goats.
2 any person desirous of obtaining alicence to keep cattle, swine, sheep,
or goats shall make application to the board by menas of a properly filled-in
form, for which purpose blank forms may be obtained from the secretary of
the board at his office.
3(1) no building in which cattle, swine, sheep, and goats are housed
shall be situated nearer than 6 feet to any dwelling house and shall not in
any way connect with a public or private sewer, except with the special permission
of the board.
(2) such building shall be lighted and ventilated to the satisfaction of the
board, and the flooring thereof shall be of granite slabs, concrete, or other im-
pervious material and provided with water-tight channels for draining all
urine and fluid noxious matters into a water-tight covered sump or such other
place as may be approved of by the board.
(3) the sump shall be constructed to the satisfaction of the board, and
shall be emptied and the contnets thereof, together with solid manure in the
building, remvoed daily.
4 each cow shall have at least 24 sq feet net area of standing
room and 360 cubic feet of air-space; but in no case
shall the building be less than 12 feet in height.
5(1) each sheep and goat sall have at least eight square feet of standing
room and 90 cubic feet of air-space. (2) each pig shall have at least 8 sq feet of standing room, and
every pig-sty shall be not less than 4 feet in height at its lowest part, and
shall be thoroughly ventilated to the satisfaction of the board.
6 the buildings shall be at all times kept in a cleanly condition, and the
walls be scraped and lime-washed at least once every 6 months.
7 a building ofr which a licence is held to house cattle, swine, sheep, or
goats shall not be used for any other purpose than the housing of such animals
execpt the storage of fodder, and the space occupied by such fodder shall not
be included in the cubic air-space laid down in by-laws 4 and 5.
8 buildings in which cattle, sheep, goats, and swine are housed shall be at
all times open to inspection by members of the board or any ofthe board's
officers.
9(1) every licensee or, in his absence, the person in charge of the
animals shall, with all possible speed, report to the officer in charge of the
nearest police station any and every case of disease occurring amongst his animals.
(2) in the event of an animal dying, the carcase shall not be removed or
buriedwithout an order in writing fom an inspector of live-stock or from
some person authorized by him.
10 the board may, in its discretion, cancel any licence to keep animals on
the holder of such licence being a second time convicted before a police
magistrate for a breach of these by-laws.
11 in the calculation of cubic space under by-law 4, 2 calves under
1 year shall be counted as one cow.
12 in the calculation of cubic space under by-law 5, 2 lambs, 2 kids,
and 2 young pigs (under 4 months) shall be counted as one sheep,
one goat, and 1 pig respectively.
13 any person desirous of obtaining a licence for a building in which
animals are to be housed shall make adequate provision that the building
shall have a suitable supply of good wholesome waater for the use of the
animals to be housed therein, and such supply of water shall be within such
distance of the building as may in each case be determined by the board.
PART IV.
CEMETERIES.
Cemeteries other than chinese cemeteries.
1 every cemetery shall be at all times open to inspection by member of
the board and by any of its officers who may be directed to make such inspections.
2 each grave shall bear a number. 3(1) a register shall be kept by the person or persons in charge of
each cemetery, at or near such cemetery, and the date of buriak, name, sex,
age, and registered cause of death of each person shall be entered therein
against the number of the grave in which the corpse in interred.
(2) the register shall be open to inspection by any member of the board,
or by any officer of the board who may be directed to make such inspection,
at any reasonable hour.
4 each grave shall be dug to at least a depth of 7 feet throughout.
5(1) except as regards the corpses of children under 5 years of age,
only 1 corpse small be placed in 1 grave.
(2) in the case of the corpses of children under 5 years of age, two
corpses may be place in one grave.
6 the interspace between any 2 graves at any point shall be at least 18'.
7 each grave, on being filled in, shall be properly covered with turf or
chnam or such other material as may be approved of by the board.
8 no grave may be re-opened after a corpse has been intered therein,
without the written permission of the medical fficer of health or other
officer duly apointed by the board for that purpose.
9 th person in charge of each cemetery shall ive not less than 2 hours'
notice to the overseer, or othr officer of the board duly appointed
for the purpose, of the intention to inter a corpse and the hour at which it
is proposed that such interment shall take place.
chinese cemeteries.
10 each cemetery shall be laid out in sections of such size and arranged
in such manner as may be directed by the board.
11 a plan of the cemetery or a tracing thereof as laid out shall be on view
at or near to the cemetery and at the office of the board.
12 the plan shall show the position of each grave-space in each section,
and every such grave-space shall bear a number.
13 a register shall be kept in the english and chinese languages at or
near each cemetery, and the date of burial, name, sex, age, and registered
cause of death of each person shall be entered therein against the number of
the grave in which the corpse is interred.
14(1) except a regards the corpses of children udner 5 years of
age, only one corpse shall be placed in one grave.
(2) in the case of the corpses of children under 5 years of age, 2 corpses
may be placed in one grave.
15 each grave, on being filled in, shall be covered with truf or chunam or
such other material as may be approved of the board. 16 no grave may be re-opened after a corpse has been interred therein,
without the written permission of the medical officer of health or other
officer duly appointed by the board for that purpose.
17 the following fees will be charged for each grave-space and interments
in the various sections of the cemeteries.
section A. Free. fifty cents for digging, filling in,
do. B $1 and a dollar and coverning each grave.
do. C $ 2 do.
do. D $10 do. for digging, filling in, and covering
do. E $15 do. each grave.
PART V.
COMMON LODGING-HOUSES
1 a register of all common lodging-houses shall be kept by the registrar
general in accordance with the form No.1 appended to these by-laws.
2 before a house can be registered as a common lodging-house, an application
must be made to the registrar general, in accordance with the form
No. 2 appended to these by-laws, setting forth the situation ofthe house,
the number of the rooms to be set apart for lodgers, and the cubic capacity of
each room so set apart, and for this purpose the schedule or form will be
furnished by the registrar general.
3 the registrar general shall transmit each application for the registration
of a house as a common lodging-house to the board, and the board shall
then cause the hose specified in such application o be inspected by one or
more of its officers, who shall submit a report to the board on the snaitary
condition of such house and its suitability for use as a common lodging-house.
4(1) any house to be registered as a common lodging-house must be
substantially built and in a good state of repair, the floors must be paved
with tiles or cement concrete or with lime concrete rendered with one inch of
portland cement or boarded with planks close-jointed, and all the rooms which
are to be used as sleeping rooms must be on all sides above the level of the
ground immediately surrounding the house.
(2) the house-drains must be in good order and constructed in accordance
with the by-laws regulating house drainage, there must be adequate kitchen,
board; and, except when the supply of water is constant, there must be a
proper cistern for the storage of water.
5 when the board is satisfied that a house sought to be registered as a
common lodging-house is suitable for such a purpose, it shall inform the registrar
general accordingly, who may then register such house as a common
lodging-house. 6 before any person can be licensed as a keeper of a common lodging-
house an application must be made to the registrar general, and such appli-
cation must be accompanied by a certificate of character from one or more
householders, to be approved of by the registrar general, who shall gvie
security for the carrying out of the regulations by the licensed keeper.
7 when the registrar general is satisfied with the character of an applicant
for a licence to keep a common lodging-house, he may issue a licence to
such applicant accordinly.
8 the keeper of a common lodging-house shall reduce the number of
kidgers in any room of his common lodging-house on receiving notice in writing
fro mthe board, stating the cause for making such reduction and the peiod
for which it shall continue in force.
9 the keeper of a common lodging-house shall not permit his premises to
be occupied, between the hours of 11p.m. and 5 a.m., by a greater number of
person than that specified on the licence issued to him by the registrar
general.
10 the keeper of common lodging-house shall not permit males and
females above 10 years of age respectively to occupy the same sleeping apartment,
except in the cases of husband and wife and parents and children, and
he shall not allow any person to occupy his house for immoral purposes.
11 the keeper of a common lodging-house shall not knowingly permit
persons of bad character to lodge in his house, and he shall maintain and enforce
good order and decorum therein; and he shall also keep a register of the
name, occupation, and native place of each lodger.
12 the keeper of a common lodging-house shall cause the windows of each
of the sleeping rooms to be kept open to their full width for at least 4
hours each day, unless prevented by inclement weather or by the illness of
any person occupying any of the rooms.
13 the keeper of a common lodging-house shall cause the internal walls and
ceilings of every part of his house to be thoroughly cleased and lime-washed
during the 6th and 12th months of the chinese year.
14 the keeper of a common lodging-house shall at all times keep his
premises in a clean and wholesome condition, and the fittings of the sleeping
rooms shall be maintained by him in a thorough state of repair. he shall
cause every room, passage, and stair to be thoroughly swept at least once a
day.
15 the keeper of a common lodging-house shall cuase all filth and house
refuse or other offensive matter to be removed from his premises daily.
16 if any person in a common lodging-house becomes ill from any infectious,
contagius, or communicable disease, the keeper of such coomon lodging-
house shall forthwith give notice thereof to the inspector of nuisances in
whose district the lodging-house is situated, or to the nearest police station, or to th registrar general; and the keeper of such common lodging-house
shall cause the house to be vacated and shall allow thebedding, clothing, and
other articles used by the infected person to be destroyed or disinfected and
the house to be fumigated, disinfected, and lime-washed, at the public expense,
in such manner as the board may direct.
FORM NO. 1.
Common lodging-houses register.
FORM NO. 2.
application for a house to be registered as a common lodging-house.
I, the undersigned, hereby make application to have the undermentioned
premises registered as a common lodging-house.
dated the day of , 19 .
(signed)
applicant.
(address)
situation of premises sought to
be registered as a common
lodging-house............................
number of floors to be used
as a common lodging-house...................
number of rooms set aprat for lodgers...........
cubic capacity of room no.1...................cubic feet.
do. do. no.2.....................do.
do. do. no.3.....................do.
do. do. no.4.....................do.
do. do. no.5.....................do.
do. do. no.6.....................do.
to the registrar general. PART VI.
CONCERTING.
1 the material to be used for covering the gorund surface of all domestic
buildings shall be good lime or cement concrete at leas 6' thick,
finished off smooth, to the satisfactin of the board: provided always that
the board may, in its discretion, exempt the owners of existing domestic
buildings, the floors of which have a space between the ground floor and the
ground surface, from carrying out the requirements of this by-law.
2 the material to be used for covering the floors of areas and basement
stories, and the ground surface of every cook-house, latrine, backyard, courtyard,
or other space on hich slops may be thrown, shall be good lime or
cement concrete or other impervious material, to the satisfactin of the board,
at least 6' thick, and in addition such material shall be finished off
smooth with not less than 2' of cement concrete of the proportion of
one part of cement to 4 parts of fine broken stone, or with granite slabs
bedded and jointed in cement mortar, or with hard burnt bricks or tiles
beeded and jointed in cement mortar, or with such other material as may be
approved of by the board.
3 the ground surface of every cook-house, latrine, backyard, court-yard
or other space on which slops may be thrown shall have a fall of not less than
one-half inch to one foot from the walls of the building towards the surface
channel or other outlet for the drainage of such surface.
PART VII.
DAIRIES.
1 any building or part of a building used for the storage of milk intended
for sale, or in which milk is sold, shall be deemed to be a dairy within the
meaning for these by-laws.
2(1) any building used as a dairy shall be registered annually, during
the month of january, at the office of the board.
(2) every application for registration shall be made in the form appended
to these by-laws.
3 the ground surface of every dairy shall be paved, to the satisfaction of
the board, with good lime concrete laid down at least 6' thick and
the surface thereof shall be rendered smooth and impervious with asphalt, portland
cement, or such other material as the board may approve of, or cement
concrete 3' thick floated smooth on the surface may be used.
4 no person shall use any dairy as a sleeping room or for domestic
purposes.
5 no animal shall be kept in any room which is used as a dairy. 6 every dairy shall be so drained as to be ina caccordance with the requirements of
the public health ordinance, 1901, and the by-laws made thereunder, and the inlets
to the drains shall in all cases be placed outside the
rooms in which fresh milk is stored.
7 no water-closet, dry-closet, earth-closet, or urinal shall be within or be
in direct communication with any dairy.
8(1) every dairy and all articles used therein shall be kept at all
times in a cleanly condition and free from all noxious matter.
(2) the whole of the interior walls (unless tiled) and the ceilings of the
rooms of the dairy shall be properly lime-washed during the 1st and 7th
months of each year.
9 every dairy shall be at all times open to inspection by the medical
officer of health or by any of the board's officers duly deputed by him.
10 no building or part of a building shall be used as a dairy until such
premises have been approved by the board as being in accordance with the
by-laws for the time being in force relating to the regulation of dairies and
have been registered.
application for premises to be registered as a dairy.
I, the undersigned, hereby notify the sanitary board that I propose to
commence/continue the business of a public bakery on the premises known as No.
street, floor, Lot No. , and I request that the said premises may
be duly registered as a dairy.
dated the day of , 19 .
(signed)
applicant.
PART VIII.
DEPOTS FOR ANIMALS.
1 the fee payable for each head of cattle shall be 2 cents for the day of
entry into a government depot and a further sum of 2 cents for every day
that such heaad of cattle remains in such depot, not including the day of
entry.
2(1) the board provides water only for the use of cattle, pigs, sheep,
and goats housed in government depots.
(2) the owners of such animals must provide proper and sufficient food,
and must send men in sufficient numbers to look after, feed, and water such
animals.
(3) accommodation for such men is provided on the premises.
3(1) no cattle, pigs, sheep, or goats shall be remeoved from a governemtn
depot for any purpose except on a removal order signed by the inspector
in charge. (2) such order shall be granted by the inspector in charge on the production
and deposit of the receipt given on admission of th animals and in
favour of the person therein named or of any other person on his order,
and on payment of a fee of 5 cents for each sheep or pig removed, unless
immediate payment is dispensed with.
PART IX.
DISINFECTION OF INFECTED PREMISES.
1 in the following by-laws-
the words 'infected premises' mean and include and premises in which
any person suffering from any infectious disease is or has been recently
located:
the words 'infectious disease' mean and include bubonic plague, cholear,
small-pox, diphtheria, scarlet fever, typhus fever, enteric fever, relapsing
fever, puerperal fever, measles, and whooping cough and such other
diseases as may from time to time be defined by the board by resolution
for the pupose.
2 when any person suffering from any infectious disease has been removed
from any premises, or has recovered, or has died, the medical officeer
of health shall, with the assent of the occupiers of the infected premises,
take such steps as he may deem necessary for the disinfection and purification of the
said premises.
3(1) any building or part of a building in which any person attacked
by bubonic plague, cholera, small-pox, or such other epidemic, endemic, or
contagious diease as may from time to time be notified in th gazette, or
in which the body of any person who has died of any such disease may
have been or may be found, shall forthwith, after the removal therefrom of
the diseased person or of the dead body, be thoroughly cleased and disinfected,
to the satisfaction of the medical officer of health.
(2) if, in the opinion of the medical officer of health or of any legally
qualified and registered medical practitioner, such a course is necessary, in
the interests of the public health, the persons residing in such building or
part of a building shall be detained therein or shall be removed to such
buildings or vessels as the board may direct, and there isolated and kept
under observation until such time as they may, in the opinion of the
medical officer of health or other medical officer in charge of such buildings
or vessels be safely released.
(3) it shall not be lawful for any person to re-occupy any such building
or part of a building until it has been thoroughly cleansed and disinfected
as aforesaid.
4(1) if any article of clothing or bedding or any other article which
has been in contact with any person or any dead body in any way affected
by any such disease can, in the opinion of the medical officer of health or of an inspector of nuisances, be preserved without danger to the public health
and can be effectively disinfected, then such article shall be removed from
any premises in which it may be found by coolies hired by any person acting
under the instructions of the board or of one of its duly authorized officers,
with such precautions and in such manner as the board may from time to
time direct, and shall be effectively disinfected and then returned to the
owner or owners thereof.
(2) no person, save as aforesaid, shall handle any such article until it has
been disinfected.
5 if, however, in the opinion, duly certified in writing, of an inspector of
nusisances, or of any other duly authorized officer of the board, or of a legally
qualified and registered medical practitioner, any begging, clothing, or other
article which has been in contact with any person or any dead body in any
way affected by any such disease, or which has been found upon any premises
recently occupied by such person or body, cannot be effectively disinfected or
ought, in the interests of the public health, to be destroyed, then such article
shall, if the medical officer of health or other officer of the board duly
authorized to act on his behalf concurs, be destroyed in such manner and
in such place and with such precautions as the said board may from time
to time direct.
additional by-laws to be enforced only during the prevalence of an epidemic,
endemic, or contagious disease in the colony or in any district thereof.
6(1) during the prevalence in the colony or in any district thereof, of
bubonic plague, cholera, small-pox, or such other epidemic, endemic, or con-
tagious disease as may from time to time be notified in the gazette, all
receptacles, whether public or private, for excremental matter shall be kept
thoroughly disinfected by the owner thereof, to the satisfaction of the medical
officer of health or other duly authorized officer of th board, by causing to
be thrown into every such receptacle after use a sufficient quantity of any
such disinfectant as may be approved by the board.
(2) all flors and channels, as well as all partitions, seats, and other
fittings, of every latrine shall be frequently washed and cleased with water
to which some such disinfectant has been added.
7(1) during the prevalence in the coony, or in any district thereof,
of any of the aforesaid diseases, any building or part of any building which
is certified in writing by the medical officer of health, or by any legally
qualified and registered medical practitioner, to be unfit for human habitation,
even although the same may have been cleansed and disinfected as
provided in by-law 3, may be closed by order of the board during the
prevalence of an of such diseases or for such less period as the medical
officer of health or such legally qualified and registered medical practitioner
may certify to be necessary, and the occupants of the same may be removed,
after 24 hours' notice has been given to the householder or occupier
to vacate the premises, by the service of a notice, duly signed by the secre- tary of the board, or by the posting of such notice upon any portion of the
premises.
(2) in no case shall such premises be re-occupied except under a certificate
of the board, signed by the secretary, that such premises are fit for human
habitation.
(3) the board may, when necessary, erect matsheds, or hire buildings,
or acharter vessels and use them for the accommodation of any persons so
removed.
8(1) any officer of the board may, during the prevalence in the
colony, or in any district thereof, of any of the aforesaid diseases, and within
such limits as may from time to time be defined by the board, make a house
to house visitation for the purpose of inspecting the sanitary condition of any
premises so visited and of all and every part thereof, and of ascertaining
whether there is any person in or upon the said premises attacked or affected
by any of the said diseases or the body of any person who has died therefrom.
(2) if the premises so visited or any part thereof are or is found in a dirty
or insanitary condition in the opinion of any such officer, he shall report the
same to the medical officer of health or to any such other officer as may be
appointed for that purpose by the board, with the approval of the governor,
who shall inspect such premises, and, if he considers them or any part thereof
to be in a diryt or insanitary condition, he may forthwith take steps to have
all furniture and goods remvoed therefrom and to have the said premises
thoroughly cleansed and disinfeected by persons acting under his instructions;
and whenever, in his opinion, it is necessary for the thorough cleansing and
disinfection of such premises to do any or all of the following acts, namely, to
take down, remove from the premises, or destroy any mezzanie floor, cockloft,
partition, screen, or other similar structure or fitting, or any portion
thereof, or whenever, in his opinion, any mezzanine floor, cockloft, partition,
screen, or other similar structure or fitting prevents the free access of light
and air to the premises, he shall forthwith have the same taken down, and if
he considers the removal from the premises, or the destruction thereof, or both,
necessary in the interests of the public health, he shall forthwith cause
the same to be removed from the premises, or destroyed, or both.
(3) such destruction shall be carried out with such precautions and in
such manner and in such place as the board may from time to time direct.
(4) for the purpose of this by-law, any officer of the board may enter
any premises without notice between the hours of 5 a.m. and 6 p.m.
PART X.
DOMESTIC CLEANINESS AND VENTILATION.
1 the occupier of any domestice building shall at all times cause such
building to be kept in a cleanly and wholesome condition and see that the
drains, traps, gratings, fall-pipes, and other sanitary fittings and appliances
are kept free from obstruction and in efficient state of repari; and he shall
keep the windows and ventilating openings at all times free from obtruction, unless prevent by inclement weather or by the illness of any person
occupying such building.
2 every occupier or householder of a domestic building shall cause all
excremental matter to be removed daily from such building, to one of the
public conservancy boats, by a duly registered night-soil carrier.
3 every occupier or householder of a domestic building shall cause all
domestic waste, refuse, or other objectionable matter, other than excremental
matter, to be removed daily fro msuch building and taken to a public dustcart
or dust-bin.
4(1) the board shall, if satisfied that any domestic building is in a
diry condition, give notice to the householder to have such building in respect
of which the notice is given thoroughly cleansed and lime-washed within
a period of 1 week from the date of receipt of such notice, and such house-
holder shall cleanse and lime-wash such premises in accordance with such
notice.
(2) in any case where no householder exists or can be found, the owner
of such building shall be served with a notice to the above effect, and, on
such service being duly effect, such owner shall clease and lime-wash such
premises in accordance with such notice.
5(1) any house or part of a house which is occupied by members of
more than one family shall, unless specially exempted by the board, be
cleansed and lime-washed throughout by the owner, to the satisfaction of
the board, not less than twice in every year, namely, during the months of
january and february and of july and august in the eastern division of the
city and in the eastern division of kowloon; during the months of march
and april and of september and october in the central division of the city.
(2) notice of such intended cleansing and lime-washing shall be sent to
the secretary of the board three clear days before the work is commenced.
NOTE- The western boundary of the eastern division of the city is garden road; the
western boundary of the central division of the city is morrison and east streets; the
western division of the city lies to the west of morrison and east streets. kowloon is
divided into eastern and western divisions by robinson road and a straight line drawn
from the north and thereof through the yaumati service reservoir to the northern boundary
of kowloon.
PART XI.
DOMICILIARY VISITS.
1(1) the secretary of the board shall furnish the inspectors of
nuisances with general authority in writing, in english and chines, to
enter, between the hours of 8 a.m. and 6 p.m., and inspect, upon reasonable
notice to the occupiers or owners any building and curtilage in their respec- tive districts for the purpose of ascertaining the sanitary condition, cleanliness,
and good order thereof or of any part thereof, and of any partitions,
mezzanine floors, stories, and cocklofts therein, or of any drain therein or
in connexion therewith.
(2) if it is requisite, for the purpose of ascertaining the sanitary condition
of any domestic building or curtilage, to open the ground surface of any part
thereof, any inspector of nuisances, in possession of authority in writing
signed by the medical officer of health or by the secretary of the board, after
giving not less than 48 hours' notice in writing, signed by either of
the aforesaid officers, to the occupier or owner of such domestic building or
curtilage of his intention to enter the same for the purpose of opening up the
ground surface thereof, amy so enter, with such assistants as may be necessary,
and open the ground surface of such premises in any place or places
he may deem fit, doing as little damage as may be.
(3) if the material which has been used for covering such ground surface
and the nature and thickness thereof are found satisfactory and in accordance
with law, such ground surface shall be reinstated and made good by the
board at the public expense.
2 the secretary of the board shall, on the requisition of the medical
officer of health or by direction of the president of th board, authorize in
writing, in enlish and chines, one or more of the board's officers to enter
any domestic building, at any hour between 6 pm and midnight, for the
purpose of ascertaining whether such building or any part thereof is in
an overcrowded condition.
3 no officer of the board shall, between the hours of midnight and
8 am, enter any domestic building for th purpose of ascertaining whether
such building or any part thereof is in an overcrowded condition, without
the written permission, in english and chines, of the secretary, countersigned
by the president of the board.
PART XII.
DRAINAGE.
Explanatory notes to by-laws.
A. the following notes convey, in general terms, the principles that should
guide the design and construction of house-drains. before proceeding to lay
down in detail the instructions which should be attended to, in order to apply
the same satisfactorily, it must be observed taht no code of instructions can
possibly embrace every case that will occur. it must be remembered that no
system of house-drainage that has yet been devised, or probably will ever be
devised, does away with the necessity for care in use. the real remedy for
the inconveniences which are too often experienced from house-drains lies, not in any elaboration of applicances, but in careful construction, careful use,
and a reasonably liberal water supply. without the co-operation of the public,
the sanitary authority is almost powerless to effect improvement. it is therefore
to be hoped that the public will assist, by insisting on good construction
and the proper use of house-drains.
B. the object of a house-drain is to carry off, from the dwelling to the
street-sewer, water fouled by use, together with all the solid or semi-solid
refuse which is usually associated therewith, such as excrement of men or
domestic animals, refuse from cooking, and the like; in short, the foul liquid
usually known as sewage.
C. the house-drain must 'self-cleansing.' the sewage as produced in
the daily life of the inmates must flow through the drain with a current
sufficiently rapid to sweep along with it all suspended matter, so that no
permanent deposit can take place. a drain in which deposit takes place is a
cesspool in disguise, from which offensive emanations find their way into the
dwelling; and from which putrid sewage flows into the street-sewers, making
them exceedingly offensive. a badly constructed or badly kept house-drain
is, therefor, not only a source of danager to the inmates of the house that it
drains, but a public nuisance also. unless house-drains are well made and
properly used, no system of street sewers, however perfect, can work in a
satisfactory manner.
D. water being the agent which cleanses the house-drains, its liberal use
by the inmates of the dewelling is essential to the proper maintenance of
house-drains. the sewage must be well diluted. nevertheless, the quantity
of water necessary for the proper cleansing of house-drains is not excessive.
the water normally used by the inmates of a dwelling for washing and
cooking is sufficient for this purpose, provided that it is readily obtainable at
all times, either in the dwelling or in close proximity thereto.
E. the principal point to be attended to in the design of house-drains is
so to arrange matters that the sewage, as produced, shall flow through them
in the most rapid current practicable; so that all suspended matter shall be
swept away at once and completly.
F(1) the speed of a stream flowing through a pipe or channel, of given
size and shape, depends upon the following conditions:-
(a) the inclination fo the channel;
(b) the smoothness of its surface; and
(c) the volumnse of the stream.
(2) the steeper the slope and the smoother the sides of the channel, the
swifter will be the current. the greater the volumn of the stream, inclination
being the same, the greater the speed.
(3) thus is a 12' and a 3' pipe have the same inclination, the velocity in
the 12' pipe would be about twice as great as in the 3' pipe, provided that
both were half full. but to fill the 2 pipes to this extent, the queantity of water passing through the 12' pipe would be about 32 times that
passing through the 3' pipe. but if the same quantity flowed through both
pipes, then the current in the 3' pipe, being more concentrated, would flow
more rapidly than that in the partially filled 12' pipe.
G. these considerations would lead ot the conclusion that the best size to
be used for any house-drain would be that which would just suffice to carry off
the sewage with the pipe not less than half full. within certain limiations,
this is the case.
H. in the case of street-sewers draining large districts, from which the flow
of sewage is comparatively regular and capable of estimation, the proper size
of sewer may be calculated with some approach to precision. in the case of
house-drains, however, such precision is impracticable. the rate of flow is
irregular and the quantity of sewage deponds upon the habits of the inmates.
were the size of a house-drain calculated to carry off even a most liberla
water supply, which is, for practical purposes, the measure of the sewage, it
would be found, in the vast majority of caes, to be much less than that which
experience has shown to be applicable in practic. it has been found that a
house-drain less than a cetain size is inconveniently liable to stoppages, caused
by extraneous matters, such as rags, paper, and the like, which occasionally
find their way into the best managed house-drains.
I. the minimum size of house-drain is usually fixed at from 4' to 6'
in diameter. a 4' drain, constructed in the usual manner, is
probably somewhat small as a minimum; and a 6' somewhat large. a
diameter of five inches, were this size readily obtainable, would be a better
minimum.
J. whenever the minimum size will suffice it should be used. indeed,
subject to the limit laid down in the last preceding paragraph and to certain
conditions to be set forth later on, the smaller the house-drain the better. the
use of unnecessarily large house-drains amounts to an abandonment of the self-
cleansing principle. if a drain is so large that the normal flow of sewage
cannot fill it to a sufficient depth to establish a self-cleansing velocity, deposit
takes place and goes on, either till the pipe is choked and the sewage escapes,
through leaks, to the sub-soil, or until the deposit has accumulated sufficiently
to reduce the area of the sewage-way to that which will established a current
sufficiently rapid to prevent further deposit.
K. in order that the size of house-drains may be reduced to the minimum
practicable, in each instnace, rain-water should be excluded from them as far
as possible. rain-water cannot, however, be whooly excluded from house-
drains. many uncovered surfaces, such as backyards, receive slops and foul-
water in the course of daily use, and this must be carried off by the house-
drains. a duplicate set of drains ofr such areas, one for sewage and the other
for rain-water, would be a costly complication, and there ould be no security
that each set would be used for its proper purpose only. some sewage would almost inevitably find its way into the rain-water drain, which, being of large
size, would be imperfectly flushed and therefor offensive.
L(1) rain-water should be diverted from house-drains to the full extent
that is possible by the use of surface-channels. as a general rule, when
surface-channels cannot be used to divert rain-water, it must be admitted to
the house-drain. hence, in the majority of cases, the amount of rain-awater
to be carried off determines the size of the house-drain. the table hereunto
appended gives the area from which 4' of rain, falling in one hour, will
be carried off by pipes of various sizes, laid at different inclinations. in providing
for the removal of rain-fall from a given surface, it is to be remembered
that it is nt sufficient to provide a pipe of ample size to carry off the rain-
fall. traps and gratings must be provided in sufficient numbers and of sizes to
admit the rain-water freely to the drain, and the surface must have a fall to
carray it to the openings. in many cases neglect of these precautions has
caused flooding. this has been put down to the size of the pipes, whereas the
inlets were really at fault.
(2) rain-water cannot be looked upon as a legitimate agent for cleansing
house-drains from deposit, because, first, there should be no deposit to remove
from well constructed and properly managed drains, and, secondly, there are
long intervals in which no rain falls, so that this flushing agent fails when
most wanted.
M. the irregularity and uncertainty of the flow of sewage, which precludes
an accurate determination of size, makes it impracticable to calculate definitely
the proper inclination of house-drains. experience shows that, under the
normal conditions of use, an inclination of one in 30, therefore, should, as a
rule, be given to house-drains. drains laid at must flatter gradients can
be made to work perfectly, with care, and provided that the flow of
sewage is copious, ie, sufficient to fill the pipe nearly half full. the designer
of house-drains, having no control over their subsequent usage, will do well
to give them, in every case, the greatest practicable fall.
N. the ordinary 'trap' or syphon is not a perfect preventive against the
escape of sewage-tainted air from house-drains, although it is the only appliance
available for the purpose. the water which seals the trap may evaporate
during disuse, or a piece of fibrous matter may act like a syphon and draw off
the water sufficiently to leave a free passage for the escape of sewage-tainted
air. again, if there is a series of inlets connected to a drain which is unporvided with
any free outlet, a sudden rush of water throgh one trap will force
the air contained in the drain through the other traps or unseal them by
drawing off their contents, and open a passage for the escape of sewage-tainted
air into the dwelling or into some confined space in its neighbourhood.
consequently, house-drains must be 'ventilated,' or rather provided with
vents, to prevent the accumulation of sewage-tained air therin and to secure
the efficiency of the traps. to effect this thoroughly, the drain must have, at or near its extremities, openings giving a free escape to the air within it, and,
between these openings, there should be no trap or other obstruction to the
free passage of air.
O. these ventilating openings should be so placed that any sewage-tainted
air which may escape from them shall be as little offensive as possible. with
this object, the inner ventilating opening should be placed above the roof of
the dwelling. this is usually done by carrying up a pip, having a free
opening at the top, above the roof and at a distance from any window. the
second opening is usually made on the house side of the trap which severs the
direct communication between the drain and the public sewer. if, however,
there is no trap between the house-drain and the sewer, then there is no
necessity for a second opening, the sewer itself serving the purpose. with
a well constructed system of self-cleansing streeet-sewers this arrangement
may be adopted with safety, even with the advantage. then every house-drain
ventilator serves as a sewer ventilator also; and, when this is done universally,
no accumulation of sewer-tainted air can take place in any aprt of the system.
P. care must be taken in selecting the position of the lower ventilating
opening, because the elevated ventilating pipe by no means secures a
permanent upward current of air. according to the relative temperature of the
air within and without the drain, to the direction and force of the wind, so an
upward or downward current will obtain.
Q complete ventilation is especially important where any part of the house-
drain system is in communication with the interior of the dwelling, or where
the systme is extensive and has numerous inlets. it is essential where water-
closets are used, or where the drains receive excrementitious mateter. in the
cae of a short length of drain, leading from a single inlet, placed in an open
space, such as a backyard, though desirable, it is less necessary and may be
omitted without serious danger.
R. any direct communication between the interior of the house and the
house-drain should be avoided. pipes carrying water from baths or sinks
within the dwelling shoud therefore deliver their effluent above trapped gullies
in the open air. the effluent from baths or sinks on upper stories should,
whenever practicable, be received by open-topped pipes, delivering freely above
trapped gullies at or a little below the ground-level. if, as in the case of
water-closets, a direct communication has to be made between a fitting inside
the house and the drain, then there must be complete ventilation by means of
a pipe carried up out side and to the top of the building.
by-laws.
1 any owner or occupier of private premises who intends to construct,
reconstruct, alter, or amend any drain shall give at least 7 days' previous
written notice of suc hintention to the board, the such notice shall be delivered at the office of the board, in a form of which printed blank copies
may be obtained gratis, in english and chinese, on application at the office
of the board, or, in the case of a village, at any village police station,
between the hours of 10 am. and 4 pm.
2(1) every such notice notice shall specify the name of the street, the number
of the lot, and the number of the house, if any, which it is intended to drain,
and shall be accompanied by a plan in duplicate of the premises, drawn on a
scale of not less than 20 feet to the inch, and such plan must show the
whole of the drains with their proposed sizes figured thereon, and a section
or sections showing the proposed falls or inclination and drawn to the same
scale and to a vertical scale of not less than 10 feet to the inch. the plan
must also show the position and course of all proposed surface gutters.
(2) provided that, in the case of a suburban lot which cannot conveniently
be included within a plan of ordinary dimensions, the lot and the out-fall drain
may be shown on a scal of not less than 100 ft to the inch.
3(1) within 7 days after receipt of the notice, the sanitary surveyor
shall, by means of a written communication, in english or chinese,
as may be necessary, inform the person who has given the said notice whether
his designs and proposed mode of construction are approved or disapproved;
and, in case of disapproval, such modifications or improvements as may be
requisite in order to comply with the provisions of the publice health ordinance,
1901, and of any by-laws made thereunder shall be indicated in
detail to such person by the sanitary surveyor.
(2) it shall not be lawful for such person to commence the drainage works
until the approval thereto of the sanitary surveyor has been obtained by
him, and, in the case of such aproval, one copy of the deposited plan shall
be returned to him, and the remaining copy shall remain filed in the office of
the sanitary surveyor.
NOTE- the approval of plans conveyed by the sanitary surveyor under this by-laaw
certifies simply to the fact that the plans are in accordance with the public health
ordinance, 1901, and with the by-laws made thereunder, but signifies no approval of the
sufficiency or otherwise of the plans and throws no responsibility on the board.
4 any person carrying out excavations for drainage works on any premises
contiguous to a public thoroughfare, whereby the safety of the public may be
jeopardized, shall light such excavations by means of a lantern or lanterns
kept lighted through the night, and he shall further provide watchmen,
erect hoardings, and otherwise take such precaustions as may be necessary for
securing the safety of the public and the protection of adjoining properties.
5 house-drains shall be made of impervious materials with smooth internal
surfaces, such as well glazed earthenware pipes or cast-iron pipes
protected against rust or corrosion by suitable asphaltic coating. the drains
shall be so constructed as to be water and air-tight. in jointing pipes with
cement, tarred hemp shall be caulked into the joint before the cement is applied, and care shall be taken that no cement or other jointing material
projects from the joints into the interior of he pipes; and any such projecting
material or other irregularities in the bore of the drain shall be carefully
removed.
6 house-drains shall be bedded in selected material, free from large
stones and well rammed into place.
7 all stoneware pipes shall be well glazed and free from cracks and flaws,
and shall have a thickness of not less than 1/12 of their diameter.
8 disconnecting chambers shall be red-brick manholes, fitted with stoneware
traps and ventilating grates of iron or stone.
9 lime mortar used for the building of manholes shall be composed of
three parts of sand or red earth and one part of good lime.
10 lime concrete used for encasing drains shall be composed of 4
parts of god sound clean stone, broken to half-inch cubes, 2 parts of red
earth, and 1 part of lime thoroughly well mixed and well rammed into
place.
11 cement mortar used for the jointing of pipes or any other work shall be
be mixed in the proportions of three parts of clean sharp sand and one part
of good portland cement, and used fresh.
12 no main house-drain shall be less than 6' in clear internal
iameter.
13 subject to the limitation mentioned in the last preceding by-law, no
main house-drain shall be larger than is necessary, in the opinion of the
board, to carry off the sewage of the dwelling, or the sewage with the rain-
water, which, under conditions hereinafter specified in by-laws 38 to 41,
both inclusive, amy be admitted to the house-drain.
14(1) every house-drain shall have the maximum fall, throughout its
length, that the relative levels of the public sewer and of the most remote
inlet will admit of: provided always-
(a) that the maximum available fall does not exceed one in 30 (or
4inches in 10 ft): if it does, then the part of the drain more remote
fro mthe public sewer may be laid with a fall of one in 30;
and the remainder with such greater fall as may be necessary to
connect with the public sewer; and
(b) that the excavation, necessary to obtain the maximum avivable fall,
is not of such a nature as to endanger the stability of the adjoining
or neighbouring property.
(2) in these and similar cases, the gradient may be reduced, subject to the
approval of the board.
15 whenever a reduction of fall (below the standard grade 1 in 30) is
necessary or permissible, it shall, wherever practicable, be made in the portion of the drain nearest to the outlet, rather than in the part nearest to the
inlet, and in th main trunk of the drain rather than in the branches.
NOTE- the available fall in a house drain, 100 ft long, is 2 ft 6' or one in
40. it will be better to make the first 30 ft from the inlet with a fall of 1 foot,
or 1 in 30, and the ramining lenght of 70 ft with a fall of 1 in 46.66, than to give
an uniform fall throughout.
eg(1)
it is clear that an obstruction at A would be more easily removed than one at B, in the
pipe of uniform gradient, because it would have a greater head of water behind it;
and in flowing from the inlet to it, the stream will have attained a certain momentum,
tending to carry it on, through the flatter part
of the pipe.
eg(2)
AB is a drain 90 feet long, with an available
fall of 3 ft, between A and B. At C, distant
60 ft from A, there is a brach CD 40 ft long;
D being at the same level as B.
if the main-drain AB were given an uniform fall of 1 in 30, then C would be 1
foot below B and D. then CD would have a fall of 1 in 40 only. the proper
course to pursue would be to gvie CD a fall of 1 in 30, or 1'4' in all. BC would then
have a fall of 1'4' in 30', or 1 in 22 1/2, and CA a fall of 1'8'
in 60', or 1 in 36.
16 whenever the gradient of any portion of a drain is less than 1 in 30,
the board may, in its discretion, require an automatic flush tank or any
other suitable contrivance for attaining an effective flush to be used.
17 all changes of direction in house-drains shall be made by means of
properly curved pipes or by half channels in man-holes, and between the
points at which any change of direction occurs all house-drains shall be laid
in straight lines and regular grades from point to point.
NOTE- inasmuch as changes of direction are the points at which obstructions most fre-
quently occur, and for the purpose of removing obstructions generally, householders will
do wel to provide, at each change of direction, a manhole, giving access to the drain.
for this purpose the manhole should be made 3' by 1 foot 6' to the surface or to
a depth of 5 ft above the drain. beyond this depth the manhole may be narrowed to 1 foot 6' by 1 foot 6'. but such manholes should not be found in cook-houses
or in places where they may be opend and used as receptacles for the disposal of solid
rubbish.
18(1) no drain shall be so constructed as to pass under any building,
except when any other mode of construction is impractiable. any drain
passing under a building shall (unless the written permission of the board
has first been obtained to lay it otherwise) be laid in one straigth line for the
whole distance beneath such building, and shall be imbedded and encased
throughout its entire length in four inches of good concret.
(2) where a drain traverses soft or yielding ground, or where water may
make its appearance in the trench, the drain shall be surrounded throughout
its entire length with 4' of good concrete.
(3) the stones composing the matrix of the concrete in both cases shall be
of a size to pass through a half-inch ring.
19 no drain shall be constructed in such manner as to allow any inlet to
such drain to be placed inside any building.
20 the aggregate area of the openings in any grating fixed on inlets to
waste-pipes from baths or sinks shall not be less than 4 sq inches,
and the waste-pipe shall not have a less internal diameter tan 1 1/2 inches.
NOTE - the object of this is to secure an efficient flush.
21 traps or gullies for the removal of rain-water shall be provided with
gratings having the net area of the openings not less than twice the area of
the trap or pipe. such gratings shall be sunk to a depth of at leas 1'
below the surronding pavement, with a slope round them equal to half the
width of the rating.
NOTE-- it is not sufficient to provide pipes of ample diameter; there must be openings of
sufficient size to admit the rain to them.
22 traps at the inlets to drains shall be placed so that the water-level in
them is not less than one foot below the ground, and such traps shall be
placed a low down as the level of the house-drain or branch will permit of;
provided that the depth be not more 2 ft.
23 traps shall have not less then 2' of water seal and shall be
securely fixed to the drain. all stoneware traps shall be surrounded with a
thickness of 4' of lime concrete.
24 no person shall construct or fix in connexion with any drain any drain or waste-
pipe the form of trap of the kind known as the bell-trap or any trap of the
kind known as the D trap. All traps connected with any private drains
shall be properly set in cement mortar, to the satisfaction of the board.
NOTE- bell traps and D traps from their form give rise to deposit of 5th difficult to
remove by flushing.
25 every main house-drain, wherever practiable, shall be ventilated at
its upper end by an opening in free communication with the outer air.
opening shall be place in such a position as to render emanations from
it as little obnoxious as possible.
NOTE- this is, in most cases, to be done by carrying up a well-jointed pipe, not less than
4' in clear internal diameter, to some point, above the eaves of the building, which is
not in close proximity to any window or chimney. in the case of rural or suburban
tenements, the ventilating opening may be provided on any eminence or open space at a
distance from the dwelling, the ventilating pipe and opening, in this case, being not less
tan 4' in internal diameter.
26(1) every main house-drain shall have a ventilating-opening near
to its lower end, and no trap or other obstruction to the free circulation
of air shall exist between this opening and the one described in the last preceding
by-law.
(2) if there is a trap between the house-drain and the public sewer, then
an opening shall be made on the house-side of the trap, and the said opening
shall be so arranged as to give access to the trap for inspection, cleansing,
or repair.
(3) if there is no trap between the public sewer and the house drain, no
special opening need be provided at the lower end.
27 drains leading from a single trap, and not being more than 60 ft long,
need not be provided with an elevated ventilating-opening at their upper
end; but, if this is omitted, they shall be provided with a trap, disconnecting
them from the public sewer, and shall have a ventilating-opening at the lower
end on the house side of the trap.
28 ventilating and fall pipes of stoneware shall be securely fixed to the
exterior surfaces of walls with wrought-iron bands fitted round the pipe and
made fast to the wall with 2 wrought-iron spikes not less than 4'
long. metal pipes shall also be fixed as above or shall have 2 cars
fixed to them and secured to the wall 2 wrought iron spikes not less
than 4' long.
29 down-pipes, conveying rain-water from roofs, shall be constructed of
cast or welded wrought iron, and when the down-pipe discharges into the
house-drain it shall be completly disconnected thereform, as described in
by-law 31, and fitted with a bend, shoe, or pedestal pipe. wherever practicable,
the rain-water down-pipes on the street side of buildings shall be carried
under the footpath and discharge into the side-channel.
NOTE- it is most important that such pipes should be completely disconnected from the
sewers, so that they cannot by any possibility serve as conduits for conducting sewer air up
and into the dwelling.
30 waste-pipes from baths, sinks, and other similar appliances on the
upper floor of buildings shall be of cast-iron socketed pipes or wrought-iron
welded pipes, with screwed joints coated with biuminous composition, or, in
the case of wrought-iron, galvanized, or of well glazed stoneware socketed
pipes, or other approved materials, securely fixed outside the wall, and provided,
at each pint of connexion, with a suitable head, and at their lower extremity with a bend, shoe, or pedestal pipe. all joints of stoneware pipes
shall be made in the manner provided by by-law 5.
NOTE- zinc, tin-plate, riveted, or lap-jointed sheet-iron will not be approved.
31 waste-pipes, as well as down-pipes from roofs, shall not be connected
direct with any drain, but shall discharge in the open air near to or over a
trap, and they shall be brought down to within one foot or less from the
ground.
32 no rain-water pipe from the roof of a building shall be used as a ventilaing
shaft to any drain which communicates, or is designed to communicate,
with a public sewer.
NOTE- rain-water pipes terminate at the eaves of the house, a point not high enough
above windows to be a safe ventilating outlet.
33 any person who may have laid any drain or constructed drainage
works connected therewith shall not cover up such drain or works until the
same has or have been previously inspected and passed by the board, and
such person shall give 3 clear days' written notice to the board that such
drain or works is or are ready for inspection, and such notice shall be delivered
at the office of the board in a form of which printed blank copies may be
obtained graties, in english and chinese, on application at the office of the
board, or, in the case of a village, at any village police station, between the
hours of 10 am and 4 pm.
34 before any drain is covered in, it shall be inspected and tested to
ascertain whether it is water and air-tight; and no drain that fails in this
respect shall be passed. after inspection, the earth shall be carefully filled
in, above and around the drain, and thoroughly rammed and consolidated.
for a depth of at least 6' above the summit of the sockets of the
pipe, selected material, free from stones larger than will pass through a 2'
ring, shall be used in filling in the trench.
35 the floors of cock0houses, stables, cow-sheds, and the like, where
practicable, shall be elevated above the ground outside the dwelling, and be
provided with surface channels, passing out through the wall, the delivering
above a trapped gully, outside. when new drains are being laid and where
the floor is at the level of the ground outside, the surface-channel of the cook-
house shall be connected to a trap, outside the house, by a straight open
pipe, terminating above the water-level of the trap, which shall be accessible
and in free communication with the air.
36 the floors of cook-houses, latrines, privies, and backyards shall be
paved with some impervious and durable material, such as granite setts
or vitrified bricks, laid on a bed of good concrete not less than 4'
thick, and pointed with good mortar, or with good concrete laid in a bed
not less than 6' thick and rendered with cement, and shall have a
fall from the walls to the outlet of at least 1/2 an inch to the foot. 37 all surfaces of backyards and paved areas of premises, wherever
practicable, shall have a fall, from the walls of the building towards the trap
or inlet of the drain, at the rate of not less than 1/2 an inch to 1 foot, and such
inlet shall be placed as far from the walls as practicable.
38 one surfaces, such as backyards, court-yards, or other spaces, on
which slops are thrown, or from wich foul waters flow, shall be provided
with trapped connexions to the house drains, for the removal of such waters
as well as some of the rain-water. but such surfaces shall be properly paved,
in the manner prescribed for backyards and cook-houses, so that no sand or
silt may be washed into the drains from them.
39 wherever an outlet is available, surface channels shall be provided to
carry excessive rain-fall from premises, and these channels shall be properly
connected with the storm-water channel in the street. traps not less than
4' in diameter in connexion with the house-drain shall be placed in
this surface channel, which will carry off slops or sewage, as well as some
rain-fall.
40 rain-water shall be diverted from house-drains by means of surface
channels or otherwise, to the fullest extent practicable.
41 the rain-water from roofs, with slope towards enclosed court-yards
or backyards, may, if diversion to the surface channel is impracticable, be
received into the house-drain. but no ventilating pipe shall be used for the
conveyance of rain-water from the roof.
42 no person shall, where it can possibly be avoided, lay any pipe for
conveying sub-soil drainage in such manner or in such position as to communicate
direct with any sewer, cesspool, or drain used for the conveyance
or reception of sewage.
NOTE- It is important to exclude sewage-tainted air from the sub-soil. the connexions
of sub-soil drains to sewers, even if a trap is used, is objectionable, because
in dry weather the flow of the drain may cease and the water of the trap may dry up and
leave a free communication between the sewer and the sub-soil drain. the object of sub-
soil drainage is not only the removal of water, but the aeration of the sub-soil.
the mouths of such drains,
therefore, should be so placed that pure air can enter freely - a condition incompatible
with direct conexion with sewers or house-drains.
43 in every case where the course of a drain is diverted, any cesspool
previously existing, and into which such drain may have previously emptied,
shall be cleansed, deodorized, and filled with clean earth.
44 all drains or drainage works shall be built and carried out in all
respects in accordance with the provisions of the public health ordinance,
1901, and of these by-laws and of any that may be made hereafter, and if
no written notice as provided by by-law 1 has been given to the board by
any person about tp construct, re-construct, alter, or amend any drain on his
premises, and if, by such default, the board has had no opportunity of inspecting
and approving or disapproving of any such drain actually built and already covered in, it shall be lawfull for the board, on discovering the existence of
such drain or drainage works, to call upon the owner to open and
uncover the same for the purpose of inspection, and if such drain or works
proves or pove, on inspection, to be defective either in respect of design,
workmanship, or materials, it or they shall be deemed a nuisance and dealt
with as such.
45 all works connected with the construction of drains and drain-
connexions shall be carried out in strict accordance with the plans and
sections previously submitted to and approved by the sanitary surveyor or
with such amendments to such plans and sections as may have been required
by him, and such works shall be carried out in a proper and workmanlike
manner with the best materilas of their respective kinds, and shall be subject
during their progress to the continuous control and supervision of the officers
of the board appointed in that behalf, and shall be completed to the entire
satisfaction of the board.
46(1) whenever any private house-drain is about to be constructed or
re-constructed in the city of victoria, the board shall have power to reqire
the provision of a surface channel of approved materials and design, in lieu
of a covered drain, in any position in which a covered drain may appear to
be undersirable.
(2) waste pipes from buildings and surface channels from cook-houses,
stables, cow sheds, and the like shall discharge into such surface channel
without the intervention of a trap; but any communication between such
surface channel and a covered drain shall be by means of a trap.
PART XIII.
LATRINES.
1 every public latrine, together with its fittings; shall be kept at all times
in a thorough state of repari.
2 every public latrine shall be kept at all times in a cleanly condition.
3 while open to the public, every latrine shall have at least one able-
bodied adult attendant constantly on duty therein.
4 all the partitions, seats, floors, and channels of every public latrine, as
well as the utensils therein, shall be thoroughly scrubbed at least once every
day with such detergent and deodorant of such a strength as the board may
from time to time approve.
5 the whole of the interior walls of every public latrine shall be lime-
washed, and any fittings made of wood shall be tarred, at least once every
lunnar month.
6 fumigants of suchdescription as may approved of by the board
shall be kept burning in every latrine while it is open to the public. 7 the contents of soil pans in a public latrine shall be kept covered with
either earth, saw-dust, opium-packing, or such other suitable material as the
board may approve of.
8 the soil and urine collected in a public latrine shall be removed therefrom
daily by the public conservacy contractor, as provided for by the terms
and conditions of his contract.
9 every latrine open to the public before sunrise or after sunset shall be
at such times adequately lighted.
10 any building used as a public latrine shall not be used as a dwelling.
PART XIV
LAUNDRIES.
1 every public laundry shall be registered at the office of the board, and
every application for registrattion shall be made in the form appended to these
by-laws.
2 every public laundry shall be situated in a building which is lighted,
ventilated, drained, and paved in accordance with the requirements of the
publci health ordinance, 1901, and the by-laws made thereunder.
3 every public laundry shall at all times be kept in a cleanly condition,
and the inside surfaces of the walls thereof shall be lime-washed at least once
every year.
4 no persons, other than 2 caretaker, may occupy any building or part
of a building which is registered as a public laundry, between the hours of
11 pm. and 5 am., unels such persons are actively engaged in carrying on
the work of the laundry.
5 every public laundry shall be at all times open to inspection by the
members of the board or by any of its officers who may be directed to make
such inspection.
form of application.
I, the undersigned, hereby notify the sanitary board that I propose to
carry on the business of a public laundry on the premises known as No.
street, floor, and I request that the said premises
be duly registered as a public laundry.
dated the day of , 19 .
(signed)
applicant.
PART XV.
MEZZANINE FLOORS AND COCKLOFTS.
1 no mezzanine floor or cockloft shall be erected, or, if already existing,
be allowed to remain, without the permission in writing of the board. 2 no mezzanine floor cockloft shall be situated in any floor other than
the ground or the top floor of the building.
3 no mezzanine floor or cockloft shall be erected, or, if already existing,
be allowed to remain, except in a building which is constructed, ventilated,
lighted, and maintained in a sanitary condition, to the satisfaction of the
board.
4(1) no mezzanine floor or cockloft shall extend over more than one-
half of the floor area of the room, and every mexxanine floor cockloft shall
have a clear space below every part of it of not less than nine feet measured
vertically.
(2) no mezzanine floor or cockloft shall obstruct any doorway or window
situated in an external wall.
5 the space above a mezzanine floor or cockloft shall not be used for
sleeping purposes, unless such space measures an average of not less than 9'
vertically.
6 the space above the below a mezzanine floor or cockloft shall not be
enclosed except by wire netting, lattice work, or carved woodwork, arranged
in such a way as to leave at least 2/3 open, and, as far as practicable,
evenly distributed.
7 no mezzanine floor or cockloft shall be erected, or, if already existing,
be allowed to remain, in any room which contains one or more cubicles or
partitions.
8 no cubicle or partition shall be erected, or, if already existing, be
allowed to remain, on any mezzanine floor or cockloft.
9 no mezzanine floor or cockloft shall be erected, or, if already existing,
be allowed to remain, in any kitchen:
provided that any existing mezzanine floor or cockloft, for which a permit
in writing has been issued by the board in accordance with government
notifications 373 and 407 of 1985, shall be allowed to remain, subject to the
conditions of such permit.
PART XVI.
NIGHT-SOIL CARRIERS.
1 the removal of excretal matters from premises, other than those from
which such matters are removed by the night-sil contractor, shall be carried
out by night-soil carriers registered by and holding a licence from the board.
2 licences shall be issued in the first instance to the existing private
night-soil carriers, and no additional licences shall be granted unless and
until the necessity for their issue has been shown to the satisfaction of the
board.
3 licences to night-soil carriers shall be issued annually, and shall
expire on the 31st of december of the year in which they are issued. 4 licences shall be issued free of charge. in the event of the loss of a
licence, a duplicate shall be issued on payment of a fee of 25 cents.
5 every night-soil carrier licensed under these by-laws shall, for the
purposes of his work, use a bucket of such pattern as may from time to time
be approved by the board.
6 every night-soil carrier licensed under these by-laws shall remove at
least once in every 24 hours all excretal matters from the premises from which
he has undertaken to remove such matters.
7 no night-soil carrier shall who is convicted of a 2nd offence
against these by-laws shall forfeit his licence, in addition to any penalty
which may be inflicted under the public health ordinance, 1901.
PART XVII.
NOTIFICATION OF INFECTIOUS DISEASES.
1(1) if any inmate of any premises is suffering from small-pox,
bubonic plague, cholera, diphtheria, scarlet sever, typhus fever, enteric fever,
relapsing fever or puerperal fever, and if such inmate is under the care of
a legally qualified and registered medical practitioner, the said medical practitioner
shall forthwith furnish the medical officer of health with a notification
thereof in writing, stating the name of such inmate and the situation of
such premises.
(2) such legally qualified medical practitioner shall be entitled to receive,
on application to the secretary of the board, the sum of $1 for each and
every such notification.
2 if any inmate of any premises is suffering from small-pox, bubonic
plague, or cholera, and if such inmate is not under the care of a legally
qualified and registered medical practitioner, the occupier or keeper of such
premises or part of such premises, or, in default of such occupier or keeper,
the nearest male adult relative living on such remises, or, in default of such
occupier, keeper, or relative, any person in charge of or in attendance on the
sick person, shall, on the natuure of the disease becoming known to him or on
suspicion of the existence in such inmate of any such disease, forthwith notify
the same to the medical officer of health or the officer in charge of the
nearest police station, who shall, immediately on receipt thereof, transmit
the information to the medical officer of health.
3 no notification which contains any false information shall be deemed a
notification as required by these by-laws, unless the person notifying proves
that he believed, and had reasonable grounds for believing, such false information
to be true. 4 the secretary of the board shall, on application, furnish every medical
practitioner in the colony and every officer in charge of a police station with
the printed forms of notificaation to be used.
5 all person knowing or having reason to believe that any person has
been attacked by or is suffering from small-pox, bubonic plague, cholera, or
from such other epidemic, endemic, or contagious disease as may from time to
time be duly notified in the gazette, shall notify the same without delay
to any officer on duty at the nearest police station or to some officer of the
sanitary board, and any such officer receiving any such notification, whether
verbal or written, or discovering any such case, shall notify the same with
the least possible delay to the medical officer of health, and may detain
such person or remove him to a public hospital until he can be examined by
the medical officer of health or by some legally qualified and registered
medical practitioner.
PART XVIII.
OVERCROWDING.
1 the medical officer of health, or such other offer as the board may
appoint for the purpose, shall, within such limits as the board may from time to
time define, cause to be measured the floor area and cubic capacity of all domestic
buildings or parts thereof, and shall cause to be calculated the nmber of
occupants that may lawfully pass the night in such buildings or any parts
thereof in accordance with the provisions of the public health ordinance,
1901, and shall cause such number, in english and chinese, to be fixed to such
buildings or parts thereof in such manner as the board may from time to time
direct.
PART XIX.
OFFENSIVE TRADES.
1 it shall not be lawful to carry on the trade of bone-boiling, the the trade of
tallow-melting, or the trade of fat-melting or fat-extracting in any premises not
hitherto used for carrying on such trades, until such premises have been
approved by the board as being situated in a suitable locality and as being
suitable for the purposes of such trades.
2(1) the trade of bone-boiling, the trade of tallow-melting, and the trade
of fat-melting or fat-extracting shall only be carried on in premises that are
substantially built, and such premises shall be drained in accordance with the
provisions of the public health ordinance, 1901, and the by-laws made
thereunder.
(2) the ground surfaces of such premises shall be paved with good concrete
laid down at least six inches thick, and the surface thereof shall be
rendered smooth and impervious with asphalt, portland cement, or such other
material as the board may approve of. (3) the interior surfaces of all walls, which must be substantially built of
brick or stone, as well as the surfaces of the brick or stone supports for the
pans, etc., shall be rendered smooth and impervious, to the height of at least
7 ft from the floor level, with asphalt, portland cement, or such other
material as the board may approve of.
(4) all such premises shall be provided, to the staisfaction of the board,
with proper and adequate urinal privy accommodation for the use of the
workmen employed thereon.
3 every bone-boiler, tallow-melter, fat-melter, or fat-extractor shall cause
all materials which have been received upon the premises where his trade is
carried on, and which are not immediately required for boiling, melthing, or
extracting, to be stored in such manner and in such a situation as to prevent
the emission of noxious or injurious effluvia therefrom.
4 every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall cause
such portions of the internal surface of every wall upon the premises where
his trade is carried on as have not been rendered impervious with suitable
material to be thoroughly cleansed, and, after being so cleansed, to be the
roughly washed with hot lime-wash, during the months of march and october
in each year.
5 every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall, at
the close of every working day, cause all fat, tallow, grease, refuse, or filth
which has been spilled or splashed, or has fallen or been deposited, upon
any floor, pavement, or wall upon the premises where his trade is carried
on to be collected therefrom by scraping or some other effectual means of
cleansing, and, unless it is intended to be subjected to further trade processes
on the premises, forthwith removed from the premises. all apparatus must
be kept in a cleanly and wholesome condition.
6 every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall cause
every part of the internal surface of the walls and every floor or pavement
upon the premises where his trade is carried on to be kept at all times in
good order and repair, so as to prevent the absorption therein of any liquid
filth, or refuse, or any noxious or injurious matter which may be splashed or
may fall or be deposited thereon.
7(1) every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall
adopt the best practicable means of rendering innocuous all vapours emitted
during the process of such boiling, melting, or extraction, upon the premisses
where his trade is carried on.
(2) he shall, in every case, either cause the vapour to be discharged into
the external air in such a manner and at such a height as to admit of the
diffusion of the vapour without noxious or injurious effects, or he shall cause
the vapour to pass directly from the pan or press through a fire, or into
a suitable condensing apparatus and then through a fire in such a manner
as effectually to consume the vapour or to deprive the same of all noxions
or injurious properties. 8 no person, other than a caretaker, shall be allowed to pass the night in
any of the rooms used as work rooms, unless actually engaged in carrying on
work connected with the trade.
9(1) every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall
cause every drain or means of drainage upon or in connexion with the premises
where his trade is carried on to be maintained at all ties in good order
and efficient action.
(2) he shall, where it is necessary in the opinion of the board, provide the
drains on his premises with the appliance known as a 'grease-trap,' and shall
not pass or permit to be passed any hotliquid refuse(i.e., above 110^ fahr.)
into the drains and sewers.
10 every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall at
all times afford free access to every part of the said premises to the members
and officers of the board, the latter being duly authorized to enter and inspect
such premises.
11 the owners of all premises at present used for the purpose of carrying
on the trade of bone-boiling, the trade of tallow-melting, or the trade of fat-
melting or fat-extracting, and intended to be so used in future, shall register
annually, during the month of january, such premises, at the office of the
board, in the form required, and no person will be permitted to carry on
such trade within the said premises without a certificate from the board
that the requirements of the preceding by-laws have been complied with.
12 in the case of all premises, other than those hitherto used for the purpose
of carrying on the trade of bone-boiling, the trade of tallow-melting, or
the trade of fat-extracting, no person shall carry on any or all
of the above trades in such duly register at the office of the board, in the
form required, such premises annually in the month of january, during the
period in which it is intended to carry on any or all of the above-mentioned
trades.
PART XX.
OPIUM DIVANS.
1 the following expression, as used in these by-laws or in any by-law
amending or substituted for the same, shall, unless inconsist with the context,
have and include the meaning hereinafter set against it; that is to say,
'the keeper of an opium-smoking divan' means the person whose name
appears in the register kept by the registrar general, in accordance with
section 8 of the regulation of chinese ordinance, 1888, as the householder
of any building which is occupied or used as an opium-smoking divan, or,
where a portion only of any building is os occupied or used and is rented
for, any period not less than 1 month, then the person whose name appears
in the said register as renting such portion of the said building. 2 the board shall cause every building or portion of a building which
is occupied or used as an opium-smoking divan to be inspected from time
to time by one or more of its officers, in order to ascertain the sanitary
condition thereof.
3 the keeper of an opium-smoking divan shall not permit his premises
to be occupied between the hours of midnight and 5 am by a greater
number of persons than such as will allow for each adult not less than 30 sq
ft of habitable floor space or superficial area and 400 cubic ft of
clear and unobstructed air space.
4 the keeper of an oium-smoking divan shall cause the windows and
ventilating openings of his premises to be kept at all times free from obtstruction,
and shall daily open the windows to such an extent and at such times
as may be necessary for the efficient ventilation of the premises, unless prevented
by inclement weather or by the illness of any person occupying the
said premises.
5 the keeper of an opium-smoking divan shall cause the internal walls
and ceilings of every part of his premises to be throghly cleansed and
lime-washed during the 6th and 12th months of the chinese year.
6 the keeper of an opium-smoking divan shall at all times keep his
premises in a clean and wholesome condition, and shall cause all filth and
house refuse or other offensive matter to be removed from his premises daily.
7(1) the keeper of an opium-smoking divan shall, without delay, report
at the office of the board every case of serious illness which may occur
upon his premises, and, if such case proves to be of a contagious nature, he
must afford every facilitly for the removal of the sick person, and must adopt
all such precautions as the medical officer of health or other duly authorized
officer of the board may direct.
(2) for the purposes of this by-law, any officer in possession of instructions
in writing, signed by the medical officer of health or by the secretary
of the board, shall be deemed to be duly authorized.
PAART XXI.
POISONS.
1 all the articles named or referred to in the list heeto annexed, both
in part I and part II, are poisons within the meaning of these by-laws.
2 no poison mentioned in either part of the list hereto annexed shall
be sold by retail, unless such posion, or the vessel, wrapper, or cover in
which it is contained, is distinctly labelled with the name of the article, the
word 'Poison,' in both english and chinese characters, and the name and
address of the seller. 3 no poison included in part I of the list hereto annexed shall be sold
by retail to any person unknown to the seller, unless introduced by some
person known to the seller; and on every sale of any such article the seller
shall, before delivery, make or cause to be made an entry in a book, to be
kept for that purpose, of-
(1) the date of sale;
(2) the name and address of the purchaser;
(3) the name and quantity of the article sold; and
(4) the purpose for which it is stated to be required;
to which the signature, chop, or mark of the purchaser, and of the person,
if any, who introduced him, shall be affixed.
NOTE - these requirements are in addition to those contained in by-law 2.
4 no arsenic or any of its prepartions shall be sold by retail, unless the
following provisions are also observed:-
(1) that the poison, if clourless, is mixed with soot or indigo, so as to
colour it;
(2) that the person to whom the poison is sold or delivered is apparently
not less than 16 years of age;
(3) that the occupation, as well as the name and address, of thepurchaser
is entered in the 'poison-book;' and
(4) that when the purchaser is not known to the seller, and is introduced
by some person known to both, this person shall be present as a witness
to the transaction, and shall enter his name and address in the 'poison-
book.'
NOTE- These requirements are in addition to those contained in by-laws 2 & 3.
5 in the case of persons who cannot write or speak english, the entries,
labels, and signatures reuired as above may be made in the language with
which such persons are acquainted: Provided always that the word 'poison,'
as required in by-law 2, must appear upon the label in both english and
chinese characters.
6 none of the preceding by-laws apply to any article when forming
part of theingredients of any medicine dispensed by-
(1) any chemist and druggist duly qualified under the english pharmacy
act, 1868; or
(2) any person who has previously proved, to the satisfaction of the
governor, that he possesses a similar qualification or has passed through
a course of study and examination as thorough and sufficient as the
minmum course of study and examination required ofr registration
under the said pharmacy act; or
(3) any person at persent in practice as a chemist and druggist who has
previously proved, to the satisfaction of the governor, that he is competent
to dispense poisons; or
(4) a medical practitioner duly registered under the medical registration ordinance in force for the time being in the colony, or entitled to the
benefit of section 20 of the medical registration ordinance, 1884:
provided that, if the medicine contains a poison included in either part of
the list hereto annexed, the ingredients of the medicine, together with the
name of the person to whom it is sold or delivered, are entered i na book kept
for that purpose ('prescription-book'), and that the name and address of
the seller are attached to the medicine.
NOTE- By the public health ordinance, 1901, any person who contravences any provisions
of any of the above by-laws is liable to a penalty not exceeding $50 or, in details
of payment, to imprisonment, with or without hard labour, for any term not exceeding
3 months.
LIST OF POISONS.
PART I.
Not to be sold unless the purchaser is known to, or is introduced by some
person known to, the seller;
also
entry to be made in 'poison-book' of-
1 date of sale;
2 name and address of purchaser;
3 name and quantity of article sold;
4 purpose for which it is wanted;
attested by signature;
and
must be labelled with-
1 name of article.
2 the word 'poison.'
3 name and address of seller.
aresenic, and its preparations (see also special regulations under by-law 4);
acontite, and its preparations;
alkaloids - poisonous vegetable alkaloids and their salts;
atropine, and its preparations;
cantharides;
corrosive sublimate;
cyanide of potassium, and all metallic cyanides and their pareparations;
emetic tartar;
ergot of rye, and its preparations;
prussic acid, and its preparations;
savin, and its oil;
strychnine, and its preparations;
vermin killers, if preparations of poisons the preparations of which are in
part I of this list; datura alba, and its preparations;
gelsemium elegans, and its preparations; and
orpiment.
PART II.
must be labelled with-
1 name of article.
2 the word 'poison.'
3 name and address of seller.
almonds, essential oil of (unless deprived of prussic acid);
belladonna, and its preparations;
carbonic acid;
chloroform;
chloral hydrate, and its preparations;
morphia, preparations of;
nux vomica, and its preparations;
oxalic acid;
precipitate, red (red oxide of mercury);
precipitate, white (ammoniated mercury);
vermin killers (see part I); compounds containing 'poisons' prepared
for the destruction of vermin, if not subject to the provisions of part I,
are in part II.
PART XXII.
REMOVALL OF RATIENTS.
(infectious diseases.)
1(1) the board, by its officers, may provide for the removal of, and may
remove to the hygeia, the government civil hospital, the kennedy town
hospital, or other appointed place, any person suffering from small-pox,
bubonic plague, cholera, or such other epidemic, endemic, or contagiuos
disease as may from time to time be duly notified in the gazette.
(2) no removal shall take place except under the orders of the board, or
of one of its officers, or of a legally qualified and registered medical practitioner,
and then only in such manner and with such precautions as the
board may from time to time direct.
(3) no such removal, however, shall take place if the medical officer of
health or any legally qualified and registered medical practitioner certifies
that such person is being lodged and cared for without danger to the public
health. 2(1) the board may remove or cause to be removed for burial or
cremation all bodies found in the colony of persons who have died from any
of the diseases specified in the last preceding by-law, and may bury or crements,
or cause the same to be buried or cremated, in accordance with the custom of
the race to which the deceased belonged, in such place and in such manner
and with such precautions as the board may from time to time direct.
(2) no person, unless acting under the written sanction or direction of
the secretary of the board or of the medical officer of health to bury or
cremate, shall remove or bury or cremete any such bodies.
3 on receipt of a certificate from a legally qualified medical practitioner
that any person suffering from diphtheriea, scarlet fever, enteric fever, relapsing
fever, puerperal fever, measles, whooping cough, or such other infectious
disease as may from time to time be defined by the board, by resolution, for
this purpose, is imporperly lodged, the medical officer of health shall, in case
the said person is unwilling to be removed forthwith, apply to a magistrate
for an order for the removal of such person under the provisions of the public
health ordinance, 1901.
4 when any person suffering from any of the diseases specified in the last
preceding by-law is willing to be removed to a hospital or other suitable
place, the medical officer of health shall, with the assent of the patient, take
such measures as he may deem necessary for the safe and convenient removal
of the patient.
PART XXIII.
SCAVENGING AND CONSERVANCY.
1 the general surface scavenging of the city of victoria, the hil districts,
and the large villages in the colony, and the removal of night-soil and
cognate matters from the hill districts, public builings, and free and licensed
latrines, shall be carried out by contractors in accordance with the terms and
conditions of the contracts for the time being in force.
2 the servants of the various public sanitary contractors shall, while at
work, wear such distinguishing badge as may from time to time be directed
by the board.
3 except between the hours of 1 am and 6 am, the conveyance of
excretal matters along any public road or street is prohibited.
4 except between the hours of midnight and 9 am, the conveyance of
pig-wash or other noxious or offensive waters along any public road or street
is prohibited.
5 except in strong substantial buckets with closely fitting covers, the
conveyance of excretal matters, pig-wash, or offensive waters along any public
road or street is prohibited. 6 the occupier of any premises, or, if there is no occupier, the immediate
landlord, shall make due provision for the daily removal of all excretal matters
and house refuse from his premises to the conservancy-boats, and dust-carts,
dust-bins, or dust-boats:
7 occupiers shall provide themselfves with strong substantial movable
dust-bins for the reception of the days' house refuse.
PART XXIV.
STREETS (PRIVATE), OBSTRUCTION OF.
1(1) no street over land held under lease from the crown upon which
any domestic buildings abut shall, without the permission in writing of the
board, be obstructed by the erection or fixture at any elevation of any
structure or object of any kind whatsoever, whether temporary or permanent,
which may, in the opinion of themedical officer of health or such other
officer as may be appointed by the board for that purpose, prejudicially affect
the health of any of the inmates of any of such buildings, or, if such street
is already partially so abstructed, it shall not be further so obstructed, without
such permission in writing: provided always that, in the event of such
permission being refused by the board, the owner of any such street shall have
the right of appeal to a magistrate, who shall take evidence upon oath thereon,
and who, if satisfied that the proposed obstruction will not prejudicially affect
the health of any of the inmates of such buildings, may grant permission to
erect such obstruction.
(2) every person who contravenes this by-law shall, on conviction thereof,
be liable ot a penalty not exceeding $25 for each contravention,
and any refusal or omission after conviction to remove the illegal structure or
object shall be deemed a fresh contravention of this by-law.
PART XXV.
WATER-CLOSETS.
1 every person who constructs a water-closet in a building shall construct
such water-closet in such a position that one of it sides, at least, shall be
against an external wall.
2 every water-closet shall be constructed in accordance with the requirements
of any building ordinance for the time being in force relating to
privies.
3(1) every person who constructs a water-closet shall furnish such
water-closet with a separate cistern or flushing box. such cistern or flushing
box shall be so constructed, fitted, and placed as to admit of a supply of water
to such closet pan, basin, or other receptacle of not less than 2 gallons or more than 3 gallons each time such pan, basin, or other receptacle is
used.
(2) such cistern or flushing box shall in every case, except where it is in
connexion with a valve closet, be of the type known as the water waste
preventor.
(3) such cistern shall be provided with a suitable ball-cock fixed on the
supply pipe, and it shall be furnished with an overflow pipe carried through
the external wall of the water-closet and terminating in a conspicuous place.
4(1) every person who constructs a water-closet shall furnish such
water-closet with a suitable apparatus for the effectual application of water
to any pan, basin, or other receptacle with which such apparatus may be
connected and used, and for the effectual flushing and cleansing of such pan,
basin, or other receptacle, and for the prompt and effectual removal therefrom
of any solid or liquid filth wich may from time to time be depoisted therein
(2) he shall furnish such water-closet with a pan, basin, or toher suitable
receptacle of non-absorbent material, and of such shape, capacity, and mode
of construction as to receive and contain a sufficient quantity of water, and
to allow of all filth which may from time to time be deposited in such pan,
basin, or other receptacle to fall directly into the water received and contained
in such pan, basin, or receptacle.
(3) such pan, basin, or receptacle shall be provided with a suitable trap,
having a water seal of not less than one and a half inches.
(4) he shall not construct of fix under such pan, pan, basin, or other receptacle
any container or other similar fitting.
(5) he shall not construct or fix in or in connexion with the water-closet
apparatus any trap of the kind known as the D trap.
5 no water-closet apparatus, pan, pan, basin, or other receptacle shall be
directly connected with any water service pipe.
6 no flush-pipe connecting any water-closet apparatus with the cistera
shall be less than 1 and a quarter inches in diameter.
7 all water-closet apparatus, pan, pan, basin, or other receptacle shall be so
fixed as to require no casing in and shall not be so cased in.
8(1) every person who constructs a water-closet shall provide an efficient
soil-pipe of cast iron or stone-ware securely fixed to the wall in the manner
described for ventilating and fall pipes; and such soil-pipe shall be at least
4' in diameter, and shall be properly connected to the drain at the
foot, and it shall be carried up without diminution and terminate i nan oen
end at least 2 and a half ft in height above the eaves of the building and
10 ft distanct from any window.
(2) such soil-pipe, if of iron, shall be securely jointed with yarn and lead,
and, if of stone-ware, it shall be jointed with yarn and cement, and protected
at its lower end to a height of 15 ft with a casing of brackwork or iron.
(3) every soil-pipe shall be provided with proper junctions for connecting
with the water-closet pan, pan, basin, or other receptacle, the trap of which shall
be connected in a sound and substantial manner.
(4) no soil-pipe shall receive any waste-pipe other than that from a water-
closet apparatus or urinal, and no trap shall be fixed in any portion thereof.
(5) every soil-pipe, wherever practicable, shall be fixed throughout its
santire length outside the building.
9 when more than one water-closet, pan, basin, or other receptacle are connected
with a soil pipe, the trap of each and every such pan, basin, or other receptacle
shall be provided with an air-pipe not less than one and a quarter inches in
diameter, which shall be carried up throughout its entire length outside the
building and connected to the soil-pipe above the uppermost connexion or
finish 2 and a hlaft ft above the eaves of the building.
10 all joints, pipes, fittings, and apparatus in connexion with any water-
closet shall be perfectly water and air-tight, and fixed to the satisfaction of
the sanitary surveyor.
THE SECOND SCHEDULE.
RULES FOR THE ELECTION BY THE RATEPAYERS OF MEMBERS
OF THE SANITARY BOARD.
1 elections shall take place at such time and place as shall be previously
notified, by command of the governor, in the gazette.
2 the registrar of the superme court (hereinafter termed the registrar)
shall, in accordance with any such notification, summon to an election the
persons by law entitled to vote at such election, and shall preside at the
section.
3 the name of every candidate must be proposed in writing by one
elector and seconded by another.
4 no elector shall give more than one vote.
5 the voting shall be by ballot.
6 the name of every elector voting must be recorded.
7 the ballot box must be opened and the votes counted in the presence
the electors present.
8 candidates, as such, are not disqualified from voting.
9 in the event of 2 candidates having an equal number of votes, only
of whom can be elected, their names must be submitted to another ballot.
10 as to any matters connected with the order of proceeding not hereby
provided for, the registrar shall take such order as he thinks fit. 11 the registrar shall make a return of the election to the governor as
soon as conveniently may be after the election. the return must be accompanied,
for the governor's information, by-
(1) a list of the electors present at the meeting;
(2) a list of the candidates, with the names of their proposers and
seconders;
(3) a list of voters; and
(4) a statement of the number of votes given for each candidate.
THE THIRD SCHEDULE.
NOTICE RELATING TO NUISANCE.
To
notice is hereby given to you, on behalf of the sanitary board, that the
nuisance specifed hereunder is found to exist in your premises No. , and
that you are therefore hereby required, within * from the
time of service on you of th present notice, to abate such nuisance in the
manner hereunder set forth.
dated the day of , 19 .
by order of the sanitary board,
(signed.)
secretary.
nature of nuisance.......................................
action to be taken for abatement of nuisance...............
*NOTE- Here insert period of time allowed.
A.D. 1901. Ordinance No. 13 of 1901, with Ordinances No. 23 of 1901 and No. 29 of 1901 s. 15 incorporated. Short title. Interpretation of terms. Enactment of By-Laws and continuance of existing officers. First Schedule. Constitution of Sanitary Board. Making of rules for election of members. Second Schedule. Appointment of President and Vice-President, etc. Appointment of substitute members. Vacancies not to affect constitution. Meetings, quorum, and chairman. Making of standing orders, and appointment of select committees. Delegation of powers to select committees and to Medical Officer of Health. Powers of President and Vice-President. Making of by-laws. Approval and publication of by-laws. Appointment, status, salaries, and duties of members of sanitary staff. Evidence of appointment of officer. Power of Medical Officer of Health, etc., to enter and inspect premises with notice. Power to Medical Officer of Health, etc., to enter and inspect premises without notice. General power of officers to inspect buildings. Power of officer to inspect domestic building with reference to overcrowding. Power of member or officer to enter shop and seize food unfit for human use, and disposal thereof. Penalty for assulting, etc., member or officer in execution of duty, etc. Enumeration of nuisances liable to be dealt with summarily. Power to authorize entry and inspection of premises with reference to nuisance. Penalty for refusing admittance to inspecting officer. Service of notice requiring abatement of nuisance. Service of notice directing compliance with by-law, and taking of proceedings without notice. Review of notice under s. 26 or s. 27. Making of complaint for non-compliance with notice. Power to Magistrate to make order dealing with nuisance. Power of Magistrate to make order prohibiting use, etc., of building unfit for human habitation. Penalty for contravention of order of Magistrate, and for defacing copy of order. Form of notice. Third Schedule. Mode of service of notice or order. Removal of person suffering from contagious or infectious disease. Prohibition of keeping cattle, etc., without licence, etc. Appointment, notification, and use of Chinese cemeteries. Enumeration of authorized cemeteries. Power to Governor-in-Council to close cemetery. Obligation on owner of new building in Victoria in respect of drains. Mode of carrying out works connected with house-drains. Power to require owner of existing building to construct new house-drain, etc. Drainage of group of buildings. Power to require owner of building to connect drains with public sewer. Power to inspect and reconstruct drains. Obligation on owner of new building in village or rural district in respect of drains. Nature of house-drain in village or rural district. Nature of house-drain in isolated place. Prevention of stagnant water. Closing and filing up of insanitary well. Provision of open space between new building and hill-side in case new Crown lot. Provision of subsoil drainage in case of open space made under s. 51.Prohibition of structure in area, etc. Provision of backyard in new building on new Crown lot. Provision of open space in rear of existing building. Regulation of open spaces in rear of new buildings. No. 6 of 1889. Prohibition of habitation, without permission, of kitchen, etc. Prohibition of construction, without permission, of water-closet or urinal. Provision of privy accommodation in factory, etc. Prohibition of erection, without permission, of public latrine. Application by Board for public latrine. Notification of intention to erect public latrine. Making of objections to erection. Resolution of Legislative Council where object is made. Barring of injunction and action in respect of erection, etc., in certain cases. Immunity of existing Government public latrines. Control and management of latrines, etc. Saving of rights and powers of Government. Regulation of windows in new building. Requirements as to cubicles and partitions. Regulation of mezzanine floors and cocklofts. Prohibition of habitation of domestic building until impermeable floor provided or permission granted. Injuries to impermeable material over ground surface. Paving of area and basement story. Definition of overcrowding. Prohibition of overcrowding. Proceedings to be taken for abatement of overcrowding. Prohibition of common kitchen being used as sleeping room. Calculation of cubic space in case of children. Limit of fittings for sleeping accommodation. Prohibition of keeping common lodging-house unless registered and licensed. Penalty for making false statement in application relating to common lodging-house. Access of officer of Board to common lodging-house. Approval of new domestic building before occupation. Maintenance and lighting of private back street. Maintenance and lighting of street on private land not within s. 85. Reimbursement of expenses incurred by Board. Mode of recovery of expenses. No. 6 of 1875. Definition of contravention of the Ordinance or of by-law. Penalty for contravention where no other penalty specially provided. Mode of recovery of penalties. No. 3 of 1890. Proceeding against several persons. Closure of premises. Ordering demolition, etc., of illegal structure. Mode of giving certificate, etc., and effect thereof as evidence. Exclusion of New Territories, except New Kowloon. Exclusion of Hill District from certain sections. Restriction on application of ss. 72 and 73. Section 3. Annual registration. Paving of ground surface. Supply of water. Drainage. No. 10 of 1901. Prohibition of water-closet, etc. Cleanliness. Prohibition of keeping of animal. Prohibition of employment of sick person. Inspection during baking hours. Prohibition of habitation. Approval and registration of premises before use. By-Law 1. Conditions for habitation of cellar, etc. Conditions for occupation of cellar, etc., as shop. Annual licence for keeping of cattle, etc. Application for licence. Description of building for keeping of cattle, etc. Area and air-space for cow. Area and air-space for sheep, goat, and pig. Cleanliness. Restriction on use of licensed building. Inspection. Reporting of disease, etc. Cancellation of licence. Calculation of cubic space under By-Law 4. Calculation of cubic space under By-Law 5. Supply of water. Inspection. Numbering of graves. Register of burials. Depth of grave. Number of corpses in grave. Space between graves. Covering of grave. Re-opening of grave. Notice of interment. Laying out of cemetery. Plan of cemetery. Nature of plan. Register of burials. Number of corpses in grave. Covering of grave. Re-opening of grave. Fees for grave-spaces and interments. Keeping of register. Form No. 1. Application for registration. Form No. 2. Inspection of house by Board. Conditions of registration. Registration. Application for licence as keeper. Issue of licence. Reduction in number of lodgers. Restriction on number of occupants in night time. Separation of sexes. Maintenance of order and register of lodgers. Opening of windows. Cleansing and lime-washing. Cleanliness and repairs. Removal of filth. Duty of keeper in case of infectious, etc., disease occurring. By-law 1. By-law 2. Material for covering ground surface of domestic building. Material for covering floor of area, etc. Fall for ground surface of cook-house, etc. Definition of dairy. Annual registration and application therefor. Paving of ground surface. Prohibition of habitation. Prohibition of keeping of animal. Drainage. No. 10 of 1901. Prohibition of water-closet, etc. Cleanliness. Inspection. Approval and registration of buildings before use. By-Law 2. Fee for each head of cattle. Water, food, and attendance for cattle, etc. Conditions of removal of cattle, etc. Interpretation of terms. Disinfection and purification of infected premises. Cleansing and disinfection of building in which person has been ill or has died of bubonic plague, etc. Removal and disinfection of articles of clothing, etc., in certain cases. Destruction of bedding, etc., in certain cases. Disinfection of receptacles for excremental matter. Closing of building certified to be unfit for human habitation. Making of house to house visitation for inspection of sanitary condition of premises, and proceedings thereon. General duty of occupier as to cleanliness and ventilation. Removal of excremental matter. Removal of refuse. Power to require cleansing and lime-washing. Cleansing and lime-washing of houses occupied by members of more than one family. Authority of Inspector of Nuisances to enter and inspect premises in order to ascertain their sanitary condition. Authority to enter building in order to ascertain its condition as to over-crowding. Restriction on authority to enter building with reference to overcrowding. Preliminary and cautionary observations. Object of house-drain. House-drain to be self-cleansing. Use of water for cleansing purposes. Principal point in design of house-drain. Conditions of speed of stream in pipe. Best size of pipe for house-drain. Difficulties in estimating proper size of house-drain. Minimum size of house-drain. Objections to use of large house-drain. Desirability of exclusion of rain-water from house-drain. Carrying off of rain water in house-drain. Sic. Proper inclination in house-drain. Necessity of ventilation of house-drain. Position of ventilating openings. Care to be taken in selecting position of lower ventilating opening. Importance of complete ventilation in certain cases. Avoidance of direct communication between interior of house and house-drain. Giving by owner or occupier of notice of intention to construct, etc. drain. Particulars of notice and of plan accompanying it. Notification of Sanitary Surveyor to owner or occupier of approval or disapproval of design submitted, and effect of approval. No. 10 of 1901. Protection of public in case of excavations for drainage works. Material and mode of construction of house-drain. Bedding of house-drain. Character of stoneware pipe. Disconnecting chambers. Composition of lime mortar used for man-hole. Composition of lime concrete used for encasing drain. Composition of cement mortar used for jointing of pipe, etc. Minimum diameter of main house-drain. Rule as to proper size of main house-drain. Rule as to fall of house-drain. Mode of making reduction of fall below standard grade. Requiring automatic flush tank in case of fall less than standard grade. Direction and grading of house-drain. Drain under building or in soft ground, etc. Prohibition of inlet to drain being inside building. Area of openings in grating on inlet to waste pipe, etc. Grating to trap or gully for removal of rain water. Position of trap at inlet to drain. Construction of traps. Prohibition of use of Bell-trap and D trap, etc. Ventilation of main house- drain at upper end. Ventilation of main house-drain at lower end. Exception as to ventilation of drain leading from single trap and not more than 60 ft. long. Fixing of ventilating and fall pipes. Construction and fixing of down-pipe for rain water. Construction of waste-pipe from bath, etc. Mode of discharge of waste-pipe and down-pipe. Prohibition of rain-water pipe being used as ventilating shaft. Prohibition of new drain or drainage works being covered up until inspected and passed by Board. Drain to be water and air tight. Construction of floor of cook-house, etc. Paving of floor of cook-house, etc. Fall for surface of back-yard, etc. Connexion with house-drain and paving of open surface. Provision of surface channel for excessive rain-fall. Diversion of rain-water from house-drain. Case of diversion being impracticable. Prohibition of pipe for subsoil drainage being connected with sewer, etc. Cleansing, etc., of cess-pool in case of diverted drain. Provision for ensuring control by Board of construction and carrying out of drainage works. No. 10 of 1901. Drainage works to be carried out in accordance with approved plans, etc. Power to require surface channel instead of covered drain in Victoria, etc. Repair. Cleanliness. Attendance. Scrubbing. Lime-washing and tarring. Fumigation. Covering of soil pans. Removal of soil and urine. Lighting. Prohibition of use as dwelling. Registration and application therefor. Character of building. No. 10 of 1901. Cleanliness and lime-washing. Prohibition of occupation in night time. Inspection. By-Law 1. Permission for erection or continuance. Allowance only on ground or top floor. Allowance only in approved building. Regulation of construction. Use for sleeping purposes. Restriction on enclosure of space above and below. Prohibition in case of room containing cubicle, etc. Prohibition of cubicle, etc. Prohibition in case of kitchen. Registration and licensing of night-soil carriers. Issue of licence. Duration of licence. Issue to be free of charge, except in case of duplicate. Pattern of bucket. Period of removal. Time for conveyance. Forfeiture of licence on second conviction. No. 10 of 1901. Notification by medical practitioner of case of small-pox, etc. Notification by occupier of premises, etc., of case of small-pox, etc. Case of notification containing false information. Furnishing of printed forms of notification. Obligation on all persons to notify case of small-pox, etc. Measuring, calculation, and notification of floor area and cubic capacity of domestic building. No. 10 of 1901. Prohibition of bone-boiling, etc., in premises not approved by Board. Construction of building used for bone-boiling, etc. No. 10 of 1901. Storage of materials. Cleansing and lime-washing of premises. Collection and removal of refuse and filth. Repair of internal walls, etc. Rendering vapours innocuous. Prohibition of occupation of premises. Drainage of premises. Access to premises by member or officer of Board. Registration of premises already used for bone-boiling, etc. Approval and registration of premises to be hereafter used for bone-boiling, etc. Meaning of expression 'the keeper of an opium-smoking divan.' No. 3 of 1888. Inspection. Restriction on number of occupants at night. Ventilation. Cleansing and lime-washing. Cleanliness. Duty of keeper to report case of serious illness. Enumeration of poisons. Conditions of sale by retail. Additional restrictions on sale by retail of poisons in Part I of List. Special provisions as to sale by retail of arsenic and its preparations. Entries, etc., in case of person unacquainted with English. Exemption of favour of certain persons. 31 & 32 Vict.c. 121. No. 1 of 1884. No. 10 of 1901. Removal of person suffering from small-pox, etc. Removal of body of person who had died of small-pox, etc., for burial or cremation. Removal of person suffering from diphtheria, etc., under the Ordinance. No. 10 of 1901. Removal of person suffering from diphtheria to hospital, etc. Surface scavenging of Victoria, etc., and removal of night-soil from Hill District, etc. Badge of servants of sanitary contractors. Time for conveyance of excretal matters. Time for conveyance of pig-wash, etc. Vessels for conveyance of excretal matters, etc. Provision for daily removal of excretal matter, etc. Provision of dust-bins. Prohibition of erection of structure obstructing street or land held under Crown lease, and penalty for contravention. Position in building. Construction. Provision, construction, etc., of separate cistern or flushing box. Furnishing of apparatus for application of water to pan, etc. Prohibition of apparatus being connected with water service pipe. Diameter of flush-pipe. Fixing of apparatus. Provision, construction, etc., of soil-pipe. Provision, construction, etc., in certain cases of air-pipe. Tightness and fixing of joint, etc. Section 5 Time and place of election. Summoning of electors, etc. Proposal and seconding of candidates. Vote of elector. Mode of voting. Recording of name of voter. Counting of votes. Right of candidate to vote. Second ballot, if votes equal. Order of proceeding. Return of election. Section 33.
Public Health
AN ORDINANCE to consolidate and amend the laws relating
to public healt. [25th march, 1901.]
BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
preliminary provisions.
1 this ordinance may be cited as the public health ordinance, 1901.
2 in this ordinance and in any by-laws made thereunder, unless the
context otherwise requires,-
'author of a nuisance' means the person by whose act, default,
permission, or sufferance the nuisance arises or continues:
'Board' means the sanitary borad:
'Building' includes any house, dwelling house, tenement-housee,
common lodging-house, verandah, cook-house, privy, gallery, balcony,
chimney, bridge, outhouse, stable, matshed, warehouse, manufactory,
shop, work-room, distillery, and place of secure stowage:
'City of Victoria' means that portion of the island of hongkong
bounded on the north by the harbour; on the sourth by a counter of
the hillside 600 feet above the level of the sea; on the east
by a straight line from the centre of the nullah crossing the
shaukiwan road at the south-west corner of causeway bay to
the wongnaichong public school-house, produced sourthward until it
meets the sourthern boundary; and on the west by mount davis:
'Common lodging-house' includes-
(1) any house or part thereof where usually male persons only
are housed, not being members of the same family, to the
number of 10 persons and upwards; and
(2) any permanent structure in which employers of labour lodge
their emplyes other than domestic servants or shopmen:
'domestic builing' means any human habitation or building
where persons pass the night, but does not include any building
where caretakers only, not exceeding 2 in number, pass the night:
'Drug' means any meicine for internal or external use:
'Food' means any article used for food or drink other than drugs
or water:
'hill district' means any part of the island of hongkong above
the 600-feet contour, except chinese villages: 'hill-side' means the face of the natural hill, or the face of any
scarp or retaining-wall built to support the same, or any artifical
filing in or terracing with earth behind such scarp or retaining-
wall, made with the object of supporting a street or forming a site
for a building:
'hoseholder' means the actual tenant or occupier of any building,
or, in any case where there is no such person, then the immediate
landlord of such building, and in the case of any corporation, company,
or association, the secretary or manager thereof, shall be
deemed the househoulder, and shall be liable under this ordinance:
'keeper of a common loding-house' means any person licensed
to keep a common lodging-house:
'kowloon' includes new kowloon:
'new building' includes any building begun after the commencement
of this ordinance, and any building begun before the commencementt of this ordinance
and which is in course of construction
at the time of such commencement, and any existing building hereafter
altered to such an extent as to necessitate the removal of the
roof and the reconstruction of at least one-half of any 2 of its
main walls, and any existing building hereafter raised to such an
extent that its total height exceeds one and a half times the original
height of the building. for the purposes of this definition, 'main
walls' mean either external or party wall. it also includes the
conversion into a domestic building of any buidling not originally
construced for human habitation and the conversion into more
than one domestic building of a building originally constructed as
one domestic building only:
'new kowloon' means that portion of the new territories which is
delineated and shown upon a plan marked 'new kowloon,'
signed by the director of public works and countersigned by the
governor and deposited in the land office of this colony:
'new territories' mean the additional territories acquired by
this colony under the provisions of a convention, dated the 9th
day of june, 1898, between her majesty queen victoria and
his imperial majesty the emperor of china, for the enlargement
of the limits of this colony, including the city of kowloon:
'occupier' means any person in actual occupation of any premises:
'owner' includes any person holding premises direct from the
crwon, whether under lease, licence, or otherwise, and also any person
for the time being reciving the rent of any premises, solely or
as joint-tenant or tenant in common with others, or receiving the
rent of any premises whether on his own behalf or on that of any
other person; and, where no such owner as above defined can be
found or ascertained, the occupier; and, for the purposes of this Ordinance, every mortgagee in possession shall be deemed an owner:
'person' includes a body corporate and an associasion:
'premises' include any land, building, or structure of any kind,
footway, yard, alley, court, garden, stream, nullah, pond, pool,
paddy-field, marsh, drain, ditch, or place open, covered, or enclosed,
cesspool, or foreshore, also any vessel or boat lying within the
waters of the colony:
'public latrine' means any latrine to which the public are admitted
on payment or otherwise:
'Secretary' means the secretary of the sanitary board:
'Street' includes any square, court, or alley,hightway, lane, road,
or passage, whether a thoroughfare or not:
'Tenant' means any person who holds direct from any householder
the whole of any floor or floors of any building or tenement-house:
'tenement-house' means any domestice building let to any inhab-
ited by more than one occupier or family, as tenants of a common
landlord or as sub-tenants of a tneant of any portion of such
domestic building:
'vessel' means any steam or sailing ship, launch, junk, lighter,
sampan, or boat.
3(1) the by-laws in the 1st schedule to this ordinance shall
be deemed to have been duly made by the sanitary board, approved
by the legislative council, and gazetted under this ordinance, and shall
remain in force until altered, amended, or revoked.
(2) all persons now holding any offices or appointments under any
ordinance repealed by by this ordinance.
constitution and general powers of the sanitary board.
4(1) the sanitary board shall consist of the director of public
works, the registrar general, the captain superintendent of police, the
principal civil medical officer, and (if appointed by the governor) the
medical officer of health, and not more than 6 additional members,
our of whom (2 being chinese) shall be appointed by the governor,
and 2 elected by such ratepayers as are included in the special and
common jur lists, and also by such ratepayers as are exempt from
serving on juries on account of their professional avocations.
(2) non-official members of the board shall hold office for 3 years.
(3) the governor shall have power to appoint the medical officer of
health for the time being a member of the board, and, when appointed,
such officershall have all the powers, privileges, and authorities of any
other ordinary member of the board.
5(1) the mode of election, the proceedings incident thereto, and
all other matters relating to the election of the said members by the said
ratepayers shall be governed by rules made by the governor-in-council,
who may from time to time add to, vary, or revoke any of the said
rules.
(2) the rules in the 2nd schedule to this ordinance shall be in
force unless and until altered by the governor-in-council.
6(1) the governor shall appoint the president and vice-president of the
board.
(2) the names of all members appointed to the board shall be forhtwith
notified in the gazette, and any number of the gazett containing
a notice of any such appointment shall be deemed sufficient evidence
thereof for all purposes.
7 if any member of the board is at any time prevented for more
than 6 months, by absence or other cause, from acting, the governor
may appoint, or, if the member has been elected, teh electors may
nominate, some other person to replace such member, until he is able to
resum his functions.
8 the board shall be held to be legally consitiuted, notwithstanding
any vacancies occurring therein by the death, absence, resignation, or
incapacity of any member.
9(1) the board shall meet once in every alternate week and
oftener, if need be, and may adjourn from time to time. The president may
at any time, and shall, on a requisition signed by three members of
the board, summon a meeting thereof.
(2) any four members shall be a quorum, for the despatch of
business.
(3) at every meeting the president or vice-president shall preside,
or, in their absence, the members present shall appoint a chairman.
the president or vice-president, or, in their absence, the chairman so
appointed, shall have a deliberative and a casting vote.
(2) the board may appoint, and, when appointed, may add to or
dismiss, by resolution, from time to time, select committees consisting of
not less than 2 of its members or of one of its members and one of its
officers. 11(1) the board may, by resolution, from time to time delegate
any or all of its powers and functions to such select committees, with
full powers to enforce all or any of the provisions of any ordinances or
by-laws for the time being in force conferring powers upon the board
providing for the more effectual sanitation of the colony.
(2) any failure to comply with an order of a select committee, duly
signed by the secretary of the board, shall e deemed a contravention
of an order of the board, and shall be punishable in the same manner as
if the order had been made by the board.
(3) the board may also from time to time delegae to the medical
officer of health all or any of the powers conferred upon it by sections
24, 26, 27, and 45, and may revoke such delegation at pleasure.
12 the president or vice-president of the board shall give directions
for carrying out and giving effect to the decisions of the board.
13(1) the board shall have power to make, and, when made, to
alter, amend, or revoke, by-laws with regard to the following matters:-
(a) the proper construction, trapping, ventilating, and maintenance
of private house-drains;
(b) the provision and proper construction of dust boxes in private
premises;
(c) the provision of adequate subsoil drainage in order to arrest
damp in dwelling houses;
(d) the cleansing, lim-whiting, and proper sanitary maintenance
of all premises;
(e) the sanitary maintenance of public latrines, urinals, dust-bins,
and manure-depots;
(f) surface scavenging, and the removal and disposal of night-soil
and of other refuse;
(g) the closing of premises unfit for human habitation and the
prohibition of their use as such;
(h) the protection of the public water supply from pollution;
(i) the prevention of the manufacture or sale of unsound, adulterated, or
unwholesome food;
(j) the regulation of bake-houses, dairies, aerated water manufactories,
and food-preserving establishments;
(k) the proper construction, materials, and fittings of water-closets
on private premise;
(l) the erection of public latrines and applications for permission to
erect such latrines;
(m) the prohibition of the establishment within certain limits and
the control of any noxious or offensive trade, business, or manufacture; (n) the licensing, regulation, and sanitary maintenance of common
lodging-houses, and the sanitary maintenance of opium-smoking
divans, factories, and places of public instruction, recreation, or
assembly;
(o) the prevention of overcrowding in premises, either in respect of
human beings or the lower animals;
(p) the licensing the regulation of all depots and pens for cattle,
pigs, sheep, and goats;
(q) the sanitary maintenance of markets and slaughter-houses;
(r) the construction, licensing, and proper sanitary maintenance of
pig-sties in private premises;
(s) the breaming of vessels, and the maintenance of cleanliness in
the harbour of victoria, the waters of the colony, and the foreshores thereof;
(t) the disposal of the dead, the regulation and sanitary maintenance of
cemeteries, the fees to be charged in respect of graves and
interments, the keeping of such registers as may be necessary and
all other matters connected therewith; also the regulation and
sanitary maintenance of mortuaries and the disinfection of dead
bodies;
(u) the compulsory vacating of infected premises, and the disinfection
and purification of the same;
(v) the disinfection and prification of all infected vessels and public
vehicles;
(w) the prevention or mitigation of anyepidemic, endemic, or contagious
disease among animals;
(x) the manufacture and sale of poisons and the sale of unsound
and adulterated drugs;
(y) the regulation of public baths, laundries, and wash-houses;
(z) the compulsory reporting of infectious, contagius, or communicable diseases;
(aa) prescribing the material, and the nature and thickness thereof
to be used for covering over the floors of areas and basement
stories and th ground surface of all buildings and of any cook-houses, latrines, or open
surfaces connected therewith, such as
backyards, court yards, or other spaces on which slops may be
thrown or from which foul waters flow;
(bb) fixing from time to time the number of persons who may
occupy a domestice building or any part thereof, and for marking
on the exterior or interior of such buildings the number of persons permitted
to occupy the same or any part therof;
(cc) the eriodical entry and inspection of all buildings and curtilages
(i) for the purpose of ascertaining whether the same are in an
overcrowded condition; and
(ii) for the purpose of ascertaining the sanitary condition, cleanliness,
an good order thereof or any part thereof, and of any
mezzanine floors, stories, or cocklofts therin, or the condition
of any drains therein or in connexion therewith;
(dd) the promotion of cleanliness and ventilation in domestic
buildings;
(ee) the cleansing and remvoal of refuse and all objectionable
matter at stated times from domestic buildings;
(ff) prescribing the conditions under which alone it shall be alwful
to live in, occupy, or use, or to let or sub-let, or to suffer or permit to be used
for habitation or for occupation as a shop, any cellar, vault, underground room,
basement, or room any side of which abuts on or against the earth or soil; and
(gg) the prevention, as far as possible, or mittigation of any epidemic,
endemic, or contagious disease, including inter alia provisions-
(i) for the removal of persons suffering from any such disease;
(ii) for the speedy and safe disposal of the dead;
(iii) for house to house visitation;
(iv) for the destruction of infected bedding, clothing, or other
articles;
(v) for the compulsory vacting of houses; and
(vi) for such other matters or things as may appear to the boar
advisable for preventing or mitigating such disease.
(2) the board may in any such by-laws impose penalties for any
breach thereof not exceeding $25 in each case.
14(1) all by-laws made by the board under the provisions of
this ordinance shall be submitted to the governor, and shall not take
effect until approved by the legislative council.
(2) all such by-laws, when so aproved, shall be published in the
gazette in english and chinese, and shall have the same force of law
and be as binding and valid as if they had been contained in this ordinance.
sanitary staff and its powers.
15(1) the governor may appoint such persons as he may see fit to
be respectively medical officer of health, secretary of the board,
assistant medical officers of health, assistant secretary of the board,
sanitary surveyors, and inspectors of nuisances. such persons shall be
officers of the board. (2) the governor may also appoit such servants as the board may
from time to time recommend.
(3) there shall be paid from the colonial treasury to such officers
and servants such salaries and allowances as the governor, with the consent
of the legislative council, may from time to time determine.
(4) any person or person appointed to act as assistant medical officer
of health or as assistant secretary may be authorized by the
board, or by the president or vice-president of the board, to perform
all or any of the duties of the medical officer of health or of the
secretary respectively, and all notices, certificates, or other instruments
signed by such person or persons under the authority of the board, its
presdient or vice-presidnet, shall be deemed to have been duly signed
by the order of the board.
16 notice in the gazette of the appointment of any officer under this
ordinance shall be deemed sufficient evidence of such apointment.
17 the medical officer of health and any assistant medical officer
of health may, with or without assistants as he may deem desirable, at
all times between the hours of 6 o'clock in the morning and 6 o'clock in
the evening, enter and inspect any house or premises for the purposes of
ascertaining the sanitary condition thereof or of ascertaining whether
any infectious or contagious diesease exists therein: provided always
that unless, in the opinion of such officer, any delay in entering and
inspecting may, or is likely to, prove injurious or detrimental to public
health, he shall in each case before entering and inspecting, if the occupants
offer any reasonable objection to enter and inspect such premises
by leving such notice with the occupants or at the house or premises
which he intends to enter and inspect. in the case of chinese occupants,
such notice shall be in the chinese character.
18 the medical officer of health and any assistant medical officer
of health may also enter and inspect any house or premises at any hour
of the night or day for the purposes mentioned in the last preceding
section without giving any such notice as aforesaid, provided the officer
so entering has obtained or holds a special order in that behalf signed
by the colonial secretary or the president of the board.
19 the board shall have power by its officers to enter and inspect,
upon reasonable notice to the owners or occupiers, any building and
curilage for the purpose of ascertaining the sanitary condition, cleanliness, and
good order thereof or of any part thereof, and of the partitions, mezzanine
floors, stories, and cocklofts therein, and of any drains
therein or in connexion therewith. 20 any officer of the board specially authorized by the board, and
subject to such directions as the board may impose, may enter and inspect
at any time any domestic duilding for the purpose of ascertaining
whether such building or any part thereof is in an overcrowded condition.
21(1) any member or officer of the board duly authorized by the
board in writing may, at any time between the hours of 6 o'clock in
the morning and 6 o'clock in the evening, enter any shop or premises
used for the sale or preparation for sale or for the storage of food, to
inspect and examine any food found therein which he may have reason
be believe is intended to be used as human food, and, in case any such
food appears to such member or officer to be unfit for sunch use, he may
seize the same, and the board may order it to be destroyed or to be so
disposed of as to prevent it from being used as human food.
(2) every person in whose possession there is found any food
liable to seizure under this section shall be liable to a penalty not exceeding
$100.
assault, etc., on member or officer.
22 every person who assaults, obstructs, molests, or hinders any
member or officer of the board in the execution of the duties or the
exercise of the powers imposed or conferred upon him by this ordinance
shall be liable to a penalty not exceeding $100.
nuisances.
23 the following shall be deemed to be nuisances liable to be
dealt with summarily in the manner provided by this ordinance; that
is to say,-
(1) any failure to supply, or any inadequate or defective provision of,
drain, drain-trap, ventilating-pipe, subsoil-drainage, or cesspool
accommodation, or any building or part of a building so dark or so
ill-ventilated as to be danerous or prejudicial to the health of the
inmates;
(2) any street or road, or any part thereof, or any water-course, unllah,
ditch, gutter, side-channel, drain, ashpit, sewer, privy, urinal,
or cesspool so foul as to be noxious, noisome, or unhealthy;
(3) any water-course, well, tank, pool, pond, canal, conduit, or cistern,
the water of which, from any cause, is so tainted with impurities or
so unwholesome as to be injurious to the health of persons living
near or using such water, or which is likely to promote or aggravate
epidemic disease; (4) any stable, cow-house, pig-sty, or other premises for the use of
animals which is in such a condition as to be injurios to health;
(5) any accumulation or deposti of stagnant water, sullage-water,
manure, dirt, house-refuse, or other matter, wherever situated,
which is unhealthy;
(6) any noxious matter or waste waters flowing or discharged from
any premises, wherever situated, into any public street or road, or
into the gutter or side-channel of any street or road, or into any
nullah or water-course or the bed thereof;
(7) any manufacture, trade, or business of a noxious, noisome, or
unhealthy nature;
(8) any cemetery or place of burial so situated or so conducted as to
be unhealthy;
(9) any chimney (not being the chimney of a privae dwelling house)
sending forth black smoke in such quantity as to be a nuisance;
and
(10) any act, omission, or thing which is or may be dangerous to life
or injurious to health or property.
24(1) it shall be lawful for the board, on reasonable presumption
of the existence of a nuisance on any premises, by an order in wrting,
to authorize any officer, with an assistant or assistants, to enter such
premises, at any time between 6 o'clock in the morning and 6 o'clock
in the evening, and to inspect the same.
(2) the inspecting officer shall produce and show the order to any
person being or claiming to be the occupier of such premises: provided
that the inspecting officer shall not enter any house upon any land
which may be occupied at the time, except with the consent of the
occupier thereof, wihtout previously giving the said occupier 6 hours'
notice in wrinting of his intention to do so.
25 every person who refuses admittance to the said inspecting
officer, after such notice has been iven, shall be liable to a penalty not
exceeding $25.
26 on the receipt of any information respecting the existence of a
nuisance, the board shall, if satisfied of the existence of a nuisance,
serve a notice on the person by whose act, default, or sufferance the
nuisance arises or continues, or, if such person cannot be found, on the
owner or occupier of the premises on which the nuisance arises, requiring
him to abate the same within a time to be specified in the notice, and
to execute such works and do such things as may be necessary for that
purpose: provided-
(1) that where the nuisance arises from the want or the defective
construction of any structual convenience, or where there is no
occupier of the premises, such notice shall be served on the owner;
and
(2) that where the person causing the nuisance canot be found, and
it is celar that the nuisance does not arise or continue by the act,
default, or sufferance of the owner or occupier of the premises, the
board may itself abate the same.
27(1) it shall be lawful for the board, in any case where there is
a contravention of an of the requirements of any of the by-laws made
under this oridnance, to issue a notice to the offender, stating what is
required to be done to carry out the provisions of such by-laws, and to
call upon him to comply with such notice within a reasonable time to
be stated in such notice.
(2) the medical officer of health, the secretary, or such other officer
as the board may depute may, however, institute summary proceedings
before a magistrate against any person contravening any of the aforesaid
by-laws without the previous issue of such notice by the board, and,
on conviction for a contravention of any such by-law, the magistrate
may impose a penalty not exceeding $25: provided that
no such proceedings shall be instituted by any officer so defputed
as aforesaid without the consent of the secretary of the board.
28 if any person served with a notice under section 26 or section 27
is dissatisfied wiht such notice, it shall be lawful for him, within the
time therein specified, to apply to the board to review the same, stating
the grounds of his application, and the board shall thereupon inquire
into the matter, and shall confirm, modify, suspend, or discharge the
notice or extend the time allowed for compliance therewith.
29 if any person served with a notice under section 26 or section 27
has not obtained from the board a modification or wihtdrawal of the
notice, and continues to make default in complying with the requriements
of the notice, or, in the case of a nuisance, if the same, althoug
abated since the service of the notice, is, in the opinion of the board,
likely to recur on the same premises, the board shall cause a complaint
relating to the no-compliance with the notice or to such nuisance to be
made before a magistrate; and the magistrate shall thereupon issue a
summons requiring the person on whom the notice was served to appear
before him.
30(1) If the magistrate is satisfied that the requirement of the
board is legal, or that the alleged nuisance exists, or that, although the
said nuisance is abated, it is likely to recur on the same premises, the
magistrate shall make an order such person requiring him to comply with all or any of the requisitations of the notice, or otherwise to abate the
nuisance, within a time specified in the order, and to do any works necessary
for that prpose; or an order prohibiting the recurrence of the
nuisance, and directing the execution of the works necessary to prevent
the recurrence; or an order both requiring abatement and prohibiting
the recurrence of the nuisance.
(2) the magistate may, by his order, impose a penalty not exceeding $25
upon the person against whom the order is made,
and shall also give directions as to the payment of all costs incurred up
to the time of the hearing or making the order for obeying the rquisitions of the
requisitions of the notice or for abatement or prohibition ofthe nuisance,
as the case may be.
31 where the nuisance proved to exist is such as to render any
building, in the judgment of the magistrate, unfit for human habitation,
the magistrate may, by an order in writing, prohibit the use thereof for
that purpose until, in his judgment, it has been rendered fit for that
purpose, and may direct that a cpy of the order the affixed to the
building in question; and, on the magistrate being satisfied that it has
been rendered fit for that purpose, he may determine his previous orde
by another, declaring the building habitable, and from the date thereof
the building may be inhabited or let for habitation.
32(1) every person who does not obey an order to comply with
the requisitions of the board, and fails to satisfy the magistrate taht he
has used all due diligence to carry out such order, shall be liable to a
penalty not exceeding $10 for each day during his default.
(2) every person who knowingly and wilfully acts contrary to any order
of prohibition shall be liable to a penalty not exceeding $25 for
each day during such contrary action.
(3) moreover, the board may by its officers enter the premises to
which any order relates, and abate the nuisance, and do whatever may be
necessary in execution of such order, and recover in a summary manner
the expenses incurred by it from the person against whom the order was made.
(4) every person who defaces any copy of a magistrate's order which
has been affixed to any house or building shall be liable to a penalty not
exceeding $50.
33 a notice issued by the board relating to a nuisance shall be in
the form in the 3rd schedule to this ordinance, with such modifications,
if any, as may be necessary.
34 every such notcie or order may be served by any officer or servant
of the board by delivering the smae to or at the residence of the person to whom it is addressed, and, when addressed to the owner of any
premises, it may, if such owner cannot be found, be served by deliviering
the same to some person upon the premises, or, if there is not person
upon the premises who can be so served by affixing the same to some
conspicuous part of the premises.
removal of infected perseons.
35 where any person is suffering from small-pox or any other contagious or
infectious disease, and is without proper lodging or accomodation, or
is lodged in a domestic building occupied by more than one
family, or is on board any ship or vessel, a magistrate may, on the
certificate of any duly qualified medical practitioner, order the removal
of such person to such suitable hospital or other like place as may be
provided for the purpose.
keeping of cattle, swine, etc.
36(1) the keeping of cattle, swine, sheep, or goats without a
licence from the board is hereby prohibited.
(2) every person who keeps any such animals, either without a
licence from the board or in a manner contravening such sanitary conditions
as may be indorsed on such licence, shall be liable to a penalty
not exceeding $5 and, in the discreation of the magistrate, to
forfeit all or any of the animals in respect of the keeping of which he
has so offended.
cemeteries.
37(1) it shall be lawful for the governor-in-council from time to
time select and appoint, and, by advertisement in the gazette, to
notify, sufficient and proper places to be the sites of and to be used as
cemeteries or burial grounds for the chinese; and from time to time to
alter, vary, and repeal the said notifications by others, to be advertised
in the like manner.
(2) in such cemeteries or places it shall be lawful for the chinese, in
conformity with the provisions of any by-laws for the time being in
force, to bury their dead: provided that any person who uses for that
purpose a grave of less than 6 feet in depth from the ordinary surface
of the ground to the uppermost side of the corpse or coffin therein deposited
shall for every offence be liable to a penalty not exceeding $50.
38(1) the cemeteries or burial grounds hereinafter mentioned and
such other cemeteries or burial grounds as may from time to time be
authorized by the governor, notice whereof shall be published in the
gazette, shall be deemed authorized cemeteries.
(2) every person who, without the written premission of the governor
on the recommendation of the board, buries any corpse or coffin in any
ground not being an authorized cemetery shall for every such offence be
liable to a penalty not exceeding $100.
AUTHORIZED CEMETERIES.
Chinese.
the mount caroline cemetery.
the mount davis cemetery.
the kai lung wan cemetery.
the aberdeen cemetery.
the shek o cemetery.
the stanley cemetery.
the chai wan cemetery.
the matauwai cemetery.
General.
the colonial cemetery
the roamn catholic cemetery
the mohammedan cemetery at happy valley.
the hindoo cemetery
the zoroastrain cemetery
the jewish cemetery
the eurasian cemetery, mount davis.
the cemetery of the french mission, pokfulam.
the hindoo cemetery, kowloon.
39(1) it shall be lawful for the governor-in-council from time to
time to notify, by advertisement in the gazette, that any cemetery or
burial ground shall, from a time in such notification to be specified, be
closed, and the same shall be closed accordingly.
(2) every person who, after the expiration of the said specified time,
buries any corpse in the said cemetery or burial ground shall for every
such offence be liable to a penalty not exceeding $100.
drainage works.
40 the owner of any new building erected within the city of
victoria shall construct the ground floor of such building at such sufficiently
high level as will allow ofthe construction of a drain and of the
provisions o the requisite communication with any public sewer into
which such drain may lawfully empty, at a point in the upper half-
diameter of such sewer. 41 all works connected with the construction, disconnexion, trapping,
and ventilating of house-drains shall be carried out at the cost and
charges of the owner of the building, either by the board or by persons
approved of by the board, under the supervision of the board and to its
satisfaction.
42 the board may, by a written notice, require the owner of any
existing building the drains of which are, in the opinion of the board,
in a defective or insanitary condition to construct, within a reasnable
time to be determined by the board, new house-drains in accordance
with the provisions of this ordinance or of any by-law for the time being
in force, or to make such other improvements in the existing defective
drainage of such building as, in the opinion of the board, may be necessary
to meet the requirements of this or of any by-law made
thereunder.
43 if it appears to the board that a group of contguous buildings
may be drained more advantageousl in combination than separately,
the board may order that such group be drained upon some combined
plan to be approved by it, and the cost therof, together with the
expenses of maintenance, shall be apportioned by the borad between the
different owners of such group of contiguous buildings.
44 if any building is wihtout a sufficient drain, and if a public
sewer of sufficient size is within 100 feet of the premises or
outermost boundaries of the lot on which such building is situated, and
if such public sewer is on a lower level, it shall be alwful for the board
to require the owner of such building to connect it with such public
sewer by means of a proper drain adequately trapped and ventilated, to
the satisfaction of the board: provided always that if any owner, by
order of th board, connects his building with a public sewer, he shall
not be required to connect such building at his own expnse, wiht any
other public sewer.
45(1) whenever the board has rason to believe that the drains
of any building are defetive and in a condition injurious to health, it
shall be lawful for the board to order an inspecting officer to enter the
premises and to inspect such drains, and, if requisite for the purpose of
such inspection, such officer shall cause the ground to be opered in any
place or places he may deem fit, doing as little damage as may be.
(2) if such drains are found in a satisfactory condition, they shall be
reinstated and made good by the board at the publice expense, but if
such drains prove, in the opinion of the board, defective, the board
shall cause them to be properly reconstructed in accordance with the
provisions of this ordinance. 46 the owner of any new building in a village or rural district of
hongkong or kowloon shall construct the ground floor of such building
at such sufficiently hight level as will allow of the construction of a drain
and of the provision of the requisite communication with any public sewer
into which such drain may lawfully empty or with any other means of
drainage with which such drain may lawfully communicate.
47 wherever feasible, every house-drain in a village or rural district
of hongkong or kowloon shall hereafter be an open drain, consisting of
a smei-circular channel, of glazed stoneware jointed in cement mortar
and laid to adequate falls on a bed of good lime or cement concrete, to
the satisfaction of the board.
48 in an isolated place not connected with any public drainage
systme every such open drain shall lead and empty into a covered sump
or cesspit built of brick or lime concrete rendered smooth in good
portland cement mortar in such manner as to be water-tight.
wells and pools.
49(1) no premises within the city of victoria or any village of
hongkong or kowllon shall be so excavated as to admit of the formation, on
the surface thereof, of any poor of stagnant or other foul water.
(2) it shall be lawful for the board to call upon the owner of any
premises whereon any such pool exists to fill up the same with good
clean earth to the level of the surrounding ground or to drain off such
pool by means of a surface-drain into any channel wiht which such surface-drain
may lawfully communicate.
50(1) where it is made to appear to the board that any well is in
an insanitary condition or is likely to prove injurious to health, and that
it is expedient that it should be closed and filled up, the board may call
upon the owner, by notice in writing under the hand of the secretary, to
close and fill up the same within the time limited in such notice.
(2) if such notice is not complied with, the board may cause the
owner to be summoned before a magistrate, and the magistrate may
make such order in the matter and as to costs as he may deem right.
(3) if the magistrate orders the well to be closed and filled up, he
may impose a penalty not exceeing $5 for each during
which his order is not complied with.
oepn space, backyards, tc.
51 every person who erects a new building on land obtained from the
crown subsequent to the 30th day of may, 1888, and on a site excavated out
of a slope or declivity, shall not permit such new building to abut aginst the hillside, but shall leave a clear intervening space or
area of at least 4 feet between such new building, along it whole extent,
and the toes of the slope of the hill-side: provided always that-
(1) any kitchen or out-house appertaining to such new building may
abut aginst the bill-side, if not designed or intended for human
habitation; and
(2) any basement story, designed for cellarage or puroses other than
human habitation, may abut against the hill-side, to the extent of
the height of such basement story.
52 every person who, under the provisions of the last preceeding section,
leaves a clear intervening space or area between a new building
and the hill-side shall made the surface of the floor of such area at least
12' lower than the level of the basement floor of such new
building, and he shall lay, to the full extent of such area, along the toe
of the slope of the hill-side and to a depth of at least 12' below
the surface, a line of hard, sound, stone-ware field pipes, of not less than
3' diamenter, for the purpose of effectually draining the submoil
of such area, and he shall not cause such subsoil drain to be passed out
under the floor of any building, unless any other mode of outlet is impracticable;
and, in such case, he shall cause the subsoil drain to be so
laid under the ground floor of such new building that there shall be a
distance of at least 9' between the top of such drain and the
surface of such ground floor.
53(1) every area shall be dept at all times free and unobstructed
by structures of any kind other than flights of steps, nor shall such area
be roofed in or covered over with glass or other material.
(2) no bridge or filight of steps shall be placed over any window
opening into such area.
(3) every area shall be provided with a suitable parapet wall, or safte
iron railing or fence, along its upper edge.
54 every person who erects a domestice building upon land which
has been obtained from the crown subsequent to the 30th day of may, 1888,
shall provide along the entire bakc of such building, if one-storied,
a clear space froming a backyard of at least 10' in width, and, if
such building is of 2 or mor stories, he shall cuase the width of such
backyard to be consent of the governor-in-council, shall have power in any
special case to modify the requirements of this section, where such modification
may appear necessary.
55(1) every existing domestic building must be provided by the
owner with an open space in the rear, by opening out on each floor one-half
of the space intervening between the principal room and
the main wall at the black of such building as weel as the corresponding
portion of roof, unless such building is already provided with an open
and unobstructed backyard of at least 50 square feet in area, and
the building must be provided on every floor with a window of at leas
10 sq feet superficial area opeingin into such open space. the area
of such window shall not be included in calculating the window area required
by section 69.
(2) for th purposes of this section, any domestice building (other tahn
a corner house) having 2 main frontages in different streets shall be
regarded as 2 domestice buildings, if the entire depth from frontage to
frontage exceeds 50 feet.
(3) the board, with the consent of the governor-in-council, shall
have power, in any special case, to modify the foregoing requirements
of this section, where such modification may appear necesary.
(4) in no case shall any obstruction whatever be placed or erected in
any such open space, with the exception of a bridge or covered way on
each stroy, not exceeding 3 feet 6' in width, when such
bridge is necessary as a means of access to any part of the domestic
building.
56(1) every domestic building hereaftererected (except in casses
provided for by section 54 or coming within the terms of articles of
agreement under the praya reclamation ordinance, 1889,) shall be
provided by the owner with an open space in the rear in accordance
with the following scale:-
an open space not less than
a house not exceeding 40 feet in depth, for each foot of width 8 square feet.
a house exceeding 40 feet but not exceeding 50 feet in depth,
for each foot of width........................................ 10 square feet.
a house exceeding 50 feet but not exceeding 60 feet in depth,
for each foot of width........................................ 12 square feet.
a house exceeding 60 feet in depth, for each foot of width 14 square feet.
(2) in no case shall any obstruction whatever be placed or erected in
any such open space, with the exception of a bridge or covered way on
each story when such bridge is necessary as a means of access to any
part ofthe domestic building; such bridge shall not exceed 3 feet 6'
in width, unless the building exceeds 25-feet in width, in
which case the bridge may be of a width not exceeing 5'. the
buidling must also be provided on every floor with a window of at least
10 sq feet superficial area opening into such open space, and the
area of such window shall not be included in calculating the window
area required by section 69. (3) provided always that when the owners of a block of buildings
agree to make and do make a lane opening at both ends upon a public
thoroughfare and free from obstruction throughtout, both vertically and
horizontally, the foregoing requirements shall be modified as follows:-
a lane not less than
houses not exceeding 40 feet in dept....................... 6 feet wide.
houses exceeding 40 feet but not exceeding 50 feet in depth 8 feet wide.
houses exceeding 50 feet but not exceeding 60 feet in depth 11 feet wide.
houses not exceeding 60 feet in dept....................... 13 feet wide.
(4) the buildings mustbe provided on every floor with a window of
at lest ten sq feet superficial area opening into such lane. the
area of such window shall not be included in calculating the window
area required by section 69.
(5) the board, with the consent of the governor-in-council, shall
have power in any special case to modify the foregoing reequirements of
this section, where such modification may appear necessary.
(6) in computing the depth of a domestic building for the purposes
of this section, the depth of the kitchen shall be included in the computation
of such depth in every case except where the kitchen is separated
from the principal room or rooms of the building by an open backyard
of at least 6 feet in depth extending the entire width of the back of
the building and unobstructed except by a bridge or covered way on
each floor, not exceeding the width specified in sub-section (2) of this section.
habitation of kitchens, etc.
57(1) it shall not be lawful, without the written permission of the
board, to live in, occupy, or use, or to let or sublet, or to suffer or permit
to be used for habitation or for occupation as a shop, any kitchen, out-
house, cellar, vault, underground room, basement, or room any side of
which abuts on or against the earth or soil.
(2) every person who contravenes any provision of this section shall
be liable to a penalty not exceeding $25.
water-closets, urinals, and latrines.
58(1) no person shall construct, except in a hopital, any water-
closet or urinal having any communication with any public sewer or
private drain, without the permission of the board.
(2) any existing water-closet or urinal so communicating shall be
removed by the owner, on his being required by the board to effect such
removal. 59 every factory, refinery, distillery, godown, or other industrial
establishment whatsoever, employing a number of persons, shall be provided by
the owner hereof with proper privy accommodation on the
premises, to the satisfaction of the board.
60(1) no public latrine shall be erected until the previous sanctio
in writing of the board has been obtained.
(2) the board shall not incur any legal liability in respect of having
granted such sanction, nor shall such sanction protect the owner of any
publice latrine from any liability to an injunction or other legal proceedings
in case the latrine is at any time so conducted as to become a
nuisance or its erection is contrary to agreement or is otherwise wrongful.
61 when, in the opinion of the board, additional public latrine
accomodation is required in any locality, the board may apply in writing
throught its secretary to the governor, through the colonial
secretary, specifying the site (upon crown land) pon which it desires
the erection of a public latrine and the accommodation to be provided by
such latrine.
62 if such application is approved of by the governor, a notification
shall be published, in english and chinese, in 3 successive numbers
of thegazette, specifying the site and that the government proposes to
erect thereon a public latrine.
63(1) if any owner or occupier of property in the immediate
vicinity of such site objects to such erection, such objection must be sent
in writing to the colonial secreatry so as to reach his office not later
than 1 week after the publication of the last of such notifications
(2) such objection must state the reasons and specify the property
with regard to the ownership or occupation of which such objection is
made and the interest of the objector.
64 if such objection so duly made and is not withdrawn, the
government shall not be entitled to claim the immunity conferred by
the next succeeding section unless, after such object has been considered,
a resolution of the legislative council is passed aproving of the
site and the erection thereon of such latrine.
65 where such resolution as is mentioned in the last preceding
section ahs been passed or where no objection has been so duly made or
has been withdrawn, no injunction shall be granted against the erection,
continuance, or use of such latrine, no shall any action be brought for
damages or compensation in respect of such erection, continuance, or use. 66 the immunity with regard to injunctions and actions conferred
by the last preceding section is hereby extended to all the government
public latrines existing at the commencement of this ordinance, as fully
as if the resolution referred to in the said section had been passed in their
case.
67 the board shall have the control and management of all latrines
erected under the provisions of this ordinance or protected thereby, and
any by-laws for the time being in force relating to public latrines shall
apply to all government public latrines, including any which may be
erected under the provisions of this ordinance.
68 nothing in this ordinance relating to public latrines shall in any
way be deemed to derogate from any existing rights or powers of the government.
windowns, cubicles, and mezzanin floors.
69 every person erecting a new building shall provide every habitable
room therein with one window, at least, opening directly into the
external air, and he shall cause the total area of such window or windows,
clear of the window frames, to be at least one-tenth of the floor area of
every such room.
70(1) the following requirements shall be observed with regard
to cubicles and partitions:-
(a) in a domestic building fronting a street of a width of less than
15 feet, no cubicle or partition shall be erected, or, if already
existing, shall be allowed to remain, except on the top floor;
(b) in a domestic building fronting a street of a width of 15 feet
or over, no cubicle or partition other than 'ping fund'
(i.e. shop divisions) shall be erected, or, if already existing, shall be
allowed to remain, on the ground floor, and in the case of every
such 'ping fung' there must be a space between the top theeof
and the ceiling or under side of the joists of the room of not less
than 4 feet, which may be closed in only by wire netting,
lattice work, or carved woodwork, arranged in such a way as to
leave at least 2-thirds open, and, as far as practicable, evenly
distributed;
(c) no cublicle or partition shall be erected, or, if already existing,
shall be allowed to reamin, in any kitchen;
(d) where one cubicle only is hereafter erected or already exists in
any room of a domestic building, no portion of the structure of
such cubicle shall exceed 8 feet in height; 2 cubicles
only are so erected or exist, no portion of the structure of either of such cubicles shall exceed 7 feet in height; and where
more than 2 cubicles are so erected or exist, no portion of the
structure of any such cubicles shall exceed 6 feet in height. in
every case, however, there must be a space between the top of
every portion of the structure of such cubicles and the ceiling or under
side ofthe joists of the room of not less than 4 feet,
which may be closed only by wire netting, lattice work, or carved
woodwork, arranged in sch a way as to leave at least 2-thirds
open, and, as far as practicable, evenly distributed;
(e) no cubicle whatevver shall be erected in any room of a domestic
building, or, if already existing, shall be allowed to remain, unless
such room is provided with a window or windows opening directly
into the external air and having a total area, clear of the window
frames, of at least 1/10 of the floor area;
(f) no portion of thestructure of any cubicle, except the necessary
corner posts, shall be nearer than 2' to the floor of such
cubicle, and no structure shall be erected, or, if already existing,
shall be allowed to remain, within any cubicle which is of a
greater height than the maximum height allowed by this section
for any portion of the structure of such cubicle or which provides
a cover or roof to the cubicle;
(g) no partition shall be erected, or, if already existing, shall be
allowed to remain, nearer than 4 feet to any window the area of
which is incuded in calculating the window area specified in
paragraph (e) of this sub-section; and
(h) no cubicle used for sleeping purposes shall have a less floor
area than 64 feet and a less length or width than 7 feet.
(2) for the purposes of this section, ever sub-division of a domestic
building, unless such sub-division has a window or windows opening
directly into the external air and having atotal area, clear of thewindow
frames, equal to 1/10 of the floor area of such sub-divisin, shall be
deemed to be a cubicle.
71(1) it shall not be lawful to erect, or, if already existing, to
allow to remain, in any room in any domestic building any mezzanine
floor or cockloft whatsoever, excet in accordance with the by-laws
relating thereto contained in the first schedule to this ordinance.
(2) the board may, with the consent of the governor-in-council, at
any time later, amend, or revoke any of such by-laws and made new by-laws
in lieu thereof. such altered, amended, or new by-laws shall not
take effect until they have been published in the gazette.
(3) every intermediate floor, platform, or landing, of a greater length than 6 feet and of a grater breadth than 2 feet, which has not a
clear space of at least 9 feet, measured verticaly, both above and
below it, and which is not separately provided with a window or
windows opening directly into the external air and having a total area,
clear of the window frames, of at leas 1/10 of the floor area, shall
be deemed to be a mezzanine floor or cockloft.
concreting of ground sufaces.
72 it shall not be such lawful for any person, except caretakers not
exceeding 2 in number, to live in or occupy, or to suffer or permit any
other person, except such caretakers, to live in or occupy any domestic
building, unless-
(2) the board has granted permission in writing to occupy such
building:
provided always that this section shall not apply to any domestic
building, cook-house, latrine, privy, or backyard which has been paved,
to the satisfaction of the board, in accordance with any existing law or
by-law and which is so maintained.
73 where the ground surface of an domestice building, or of any
cook-house, latrine, or open surface connected therewith, such as bakcyards,
court yards, or other spaces on which slops may be thrown or from
which foul waters flow, is or has been paved or covered over with
impervious material, to the satisfaction of the board; and such material
has been subsequently broken, excavated, or otherwise disturbed, the
landlord or owner shall make good the same, to the satisfaction of the
board, on the completion of any work for the execution of which the
same has been broken or otherwise disturbed or within 7 days from
the receipt by him of written notice from the board to do so, and, in
default thereof, he shall be liable to a penalty not exceeding $25
for each offence and to a further penalty not exceeing $10
for each day after such conviction during which such offence
continues.
74(1) the floor of every area and of every basement story shall
be properly asphalted, paved, or covered over with a layer of good lime
or cement concrete at least 6' thick, and shall be finished off
smooth with not less than 2' of cement concrete or of such
other material as the board may by any by-law presribe.
(2) the floor of every such area shall have a fall, from the external
wall of such building towards the face of the hill-siade, of at least half
an inch to the foot.
overcrowding.
75 every domestic building and any aprt thereof which is found to be
inhabited in excess of a proportion of one adult for every 30 sq feet
of habitable floor space or superficial area and 400 cubic
feet of clear and unobstructed internal air space shall be deemed to be
in an overcrowded condition.
76(1) it shall not be lawful for any householder or tenant to let,
or sublet, or allow to be used for occupation any domestic building or
any part thereof to or by so large a number of persons as to cause the
same to be in an overcrowded condition.
(2) the householder or tenant (together with his family, if any,), if
resident in any such domistice building, shall be counted in ascertaining
whether such building or any part thereof is in an overcrowed condition.
(3) where any domestic building or any part thereof is ascertained
to be in an overcrowded condition between the hours of 11 o'clock at
night and 5 o'clock on the following morning, such overcrowding
shall bedeemed to be prima facie evidence that such building or part
thereof was let or sublet in contravention of this section.
77(1) if any tenement-house or other domestic building, or any
portion thereof, is found to be in an overcrowded condition, the board
shall, by aa written notice, require the tenant of the same, or any portion
thereof, and also, if necessaary, the householder, to abate such overcrowding,
within a period of 1 week; and such notice shall specify
the cubic capacity available for habitation in such tenement-house or
other domestic bilding, and the number of persons which may be
legally accommodated therein.
(2) if the notice is not obeyed, it shall be lawful for the board to
apply to a magistrate, who, on sufficient cause shown, shall summon
before him the tenant or occupier of such dwelling house or such house-holder.
(3) if the person summoned admits, or if it is proved, to the satisfaction of the
magistrate, that the said house is overcrowded, the magistrate
shall make an order for the abatement of the nuisance forthwith, and
may inflict a penalty not exceeding $25.
(4) on the hearing of the matter, the magistrate may make such order
for the inspection, at any hour of the night or day, of the said house
as the circumstances of the case may require, and such order shall continue
in force for a period not exceeding 1 month. 78 any room of a tenement-house which is used as a common kitchen
shall not be used as a sleeping room, and the householder or tenant
thereof shall be reponsible that such common kitchen is not so used; nor
shall any passage, lobby, or other place partitioned off from any
sleeping room to the height of the ceiling be included in the calculation
of the cubic capacity for human habitation.
79 in the calculation of cubic space for the purposes of this ordinance, 2 children of
or unde 10 years of age shall be counted as
one person and every person over 10 years of age shall be considered as
an adult.
80 no room fitted with bunks or beds shall be so fitted as thereby to
provide sleeping accomodation for a greater number of persons than
are by law permitted to occupy the room.
common lodging-houses.
81(1) no person shall open or keep open a common lodging-house,
unlless the house is registered and the keeper thereof is licened by the
registrar general.
(2) if any person who opens or keeps open any common lodging-
house contrary to the provisions of this ordinance cannot be found, or if
the keeper of any common lodging-house which is opened or kept open
contrary to the provisions aforesaid is absent from the colony, the house-
holder as defined by this ordinance shall be deemed to be the person
who opens or keeps open such house and shall be liable accordingly.
82 every person who, in making application for the registration or
licensing of a common lodging-house, knowingly makes any fasle
statement regarding any of the particulars required to be stated in
such application shall be liable to a penalty not exceeing $25.
83(1) the keeper of a common lodging-house, and every other
person acting in the caare or management thereof, shall at all times, when
required by any officer of the board, give him free access to such house
or any part thereof.
(2) any such keeper or person who refuses such access shall be
liable to a penalty not exceeding $25.
approval of domestic buildings.
84 no person who erects a domestic building shall allow the same
or any portion thereof to be occcupied until such building has been
previously examined by an officer of the board, duly authorized by the board, and certified by such officer as having been built in compliance
with the entire provisions of this ordinance. such examination shall
be made without unnecessary delay.
private streets.
85(1) every street on private land, in the reear of domestic
buildings, shall be and shall be kept concreted, channelled, and drained,
and may, if the director of public works thinks fit, be provided with
lighting apparatus, by the government, at the expense of the owners of
the land abutting on such street, and the several owners of such land
shall bear the cost of such concreting, channelling, draining, and providing
with lighting apparatus in proportion to the width of their respective
land at the place where it abuts on such street, and the
government may recover such proportionate cost, together with interest
thereon at the rate of eight per cent. perannum from the date of
demand of payment of such proportionate cost made by the director of
public works, from any such owner, by an action in the name of the
director of public works in the supreme court in its summary jurisdiction.
the cost of the illumination of such street shall, however, be
borne by the government.
86 every street on private land upon which domestic buldings front
shall, if it does not fall within the provisions of the last preceding section,
be and be kept surfaced, channelled, and drained, and may, if
the director of public works thinks fit, be provided with lighting
apparatus, by the government, at the expense of the owners of the land
abutting on such street, and the several owners of such land shall bear
the cost of such surfacing, channelling, draining, and roviding with
lighting apparatus in proportion to the width of their respective land at
the place where it abuts on such street, and the government may recover
such proportionate cost, together with interest thereon at the rate
of eight per cent. perannum from the date of demand of payment of such
proportionate cost made by the director of public works, from any such owner,
by an action in the name of the director of public works in the supreme court
in its summary jurisdiction. the cost of the illumination of such street shall,
however, be borne by the government.
recovery of expenses.
87(1) all reasonable expenses incurred by the board in consequence of
any default in comply with any order or notice issued
under the provisions of this ordinance shall be deemed to be money
paid for the use and at the requirement of the person on whom the said order or was made, and shall be recoverable from the said person
in the ordinary course of law at the suit of the secretary.
(2) the provisions of this section shall apply to any orders or notices
issued by the board or by any duly appointed committee of the board
under any by-laws for the time being in force.
88 the provisions of the crown remedies ordinance, 1875, and of
any ordinance amending the same, shall apply to the recovery of all
such expenses, and the certificate required by that ordinance shall be
signed by the secretary.
contraventions and penalties.
89 every act, failure, neglect, or omission whereby any requirement
or provision of this ordinance or of any by-law for the time being in
force thereunder is contravened, and every refusal to comply with any
of such requirements or provisions, shall be deemed a contravention of
this ordinance.
90(1) every person who contravences any of the requirements of
this ordinance, or of any by-law for the time being in force thereunder,
in respect of which no penalty is specially provided, shall be liable to a
penalty not exceeding $50, and in any case where, in the opinion
of the magistrate, the contravention is likely to be continued, the
magistrate may require such person to comply with this ordinance or
with any by-law in force thereunder within such time as he may direct,
and may inflict a further penalty, not exceeding $5, for every
day after such date during which such person shall fail so to comply.
(2) where such contravention is committed by any company or
corporation, the secretary or manager thereof for the time being may be
summoned and shall be held liable for such contravention.
91(1) all penalties imposed by this ordinance or by any by-laws
thereunder may be recovered in a summary manner before a magistrate
at the suit of the medical officer of health, or of the secretary, or of
such other officer as the board may depute.
(2) the magistrate may order that, in default of payment of any
penalty imposed by him under this ordinance, the person so in default
shall be imprisoned, with or without hard labour, for any period not
exceedin that provided by the scale in that behalf contained in the
magistrates ordinance, 1890.
92 where proceedins under this ordinance are competent against
several persons in respect of the joint act or default of such persons, it
shall be sufficient to proceed against one or more of them without proceeding
against the others. special powers of magistrate.
93(1) it shall be lawful for a magistrate, in his absolute discretion, to order the whole
or any portion of any building, or of any room containing a cubicle
or partition, to be forthwith closed by or under the direction of the
cpatin superintendent of police and to remain closed
until the alterations or removal required by sections 55 and 70 have or
has been certified in writing by the board to have been made and completed, to the
satisfaction of the board.
(2) any person who is found living in any building or portion
thereof so closed as aforesaid shall be deemed to have acted in contravention
of this ordinance and shall be punishable accordingly.
94 it shall be lawful for a magistrate, in any case in which it is
proved to his satisfaction that any mezzanine floor, cockloft, cubicle,
partition, or 'ping fung' is not in accordance to or in substitution for any
penalty specified in this ordinance, the immediate demolition, removal,
and destruction by any officer of th board of such mezzanine floor,
cockloft, cubicle, partition or 'ping fung' or any portion thereof, and
no compensation whatever shall be payable to any person in respect of
any damage done to such mezzanine floor, cockloft, cubicle, partition, or
'ping fung' by such demolition, removal, and destruction.
certificates.
95(1) any certificate or written permission of the board under this
ordinance or any by-law may be given under the hand of the secretary
or such other officer as the board may appoint in that behalf.
(2) every such certificate and permit shall for all purposes be prima
facie evidence of the matters therein stated.
application of the ordinance.
96 this ordinance shall not apply to any part of the new territories
except new kowloon, unless and until the governor, by order-in-
council notified in the gazette, otherwise directs/
97 the provisions of sections 55, 56, 70, 71, 80, 85, 86, 93, and 94
shall not apply to the hill district.
98 the provisions of sections 72 and 73 shall not apply to any
domestic building existing on the 29th day of december, 1894, unless
such building is situated within the city of victoria, or at kowloon
point, hunghom, yaumati (including so much of kowloon as lies to
the south of a line drawn from the pumping station at yaumati through
the police station at hunghom to the boundary of war department property), or taikoktsui, or within such other districts or places as may
from time to time be specified by the governor-in-council and notified in
the gazette.
SCHEDULES.
THE FIRST SCHEDULE.
BY-LAWS.
PART I.
BAKE-HOUSES.
1 all premises now used or hereafter usd as a bake-house shall be registered
annually, during the month of january, at the office of the board, and
everyp application for registration shall be made in the form appended to these
by-laws.
2 the ground surface of every bake-house shall be paved, to the satisfactin of the baord,
with good lime or cement concrete laid down at least 6' thick, and
the surface thereof shall be rendered smooth and impervious with
asphalt, portland cement, or such other material as the board may approve of.
3 every bake-house shall have an ample supply of good potable water, and,
except with the special permission of the board, this water shall be laid on to
the bake-house from the public water mains.
4 every bake-house shall be so drained as to be in accordance with the
requirements of the public health ordinance, 1901, and the by-laws made
thereunder, and, wherever practicable, the inlets to the drains shall be placed
outside the rooms in which baking operations are carried on.
5 no water-closet, dry-closet, earth-closet, or urinal shall be within or in
direct communication with any bake-house.
6(1) every bake-house shall be kept at all times in a cleanly condition
and free from all noxious mater.
(2) the troughs, tables, and utensils in use in the bake-house shall be
thoroughly cleansed and the floors properly swept at least once in every
24 hours.
(3) the whole of th interior walls and the ceilings of the rooms of the bake-
house shall be properly lime-washed and the woodwork thoroughly
scrubbed with soap and water during the first and seventh months of each
year.
7 no animal shall be kept in a bake-house.
8 no person suffering from any infectious or contagius disease shall be
permitted to take part in the manufacture or sale or delivery of bread or biscuits.
9 every bake-house shall be, during the hours in which baking operations
are carried on, open to inspection by the medical officeer of health or any of
the board's officers duly deputed by him. 10 no person, other than a caretaker, shall pass the night in any rom
used as a bake-house, or in any of the rooms used for theprepartion or
stoarge of the food prepared in such bake-house, unless such person is at the
time actively enaged in carrying on the work of the barkery.
11 no premises shall be used as a bake-house until such premises have been
approved by the board a being in accordance with the by-laws for the time
being in force relating to the regulation of bake-houses, and have been registered.
form of application for registration.
I, the undersigned, hereby notify the sanitary board that I propose to
commence/continue the business of a public bakery on the premises known as No.
street, floor, Lot No. , and I request that the said premises may
be duly registered as a public bakery.
dated the day of , 19 .
(signed)
applicant.
PART II.
BASEMENTS.
1 the conditions under which alone it shall be lawful to live in, occupy, or
use, or to let or sub-let, or to suffer or permit to be used for habitation any
cellar, vault, underground rom, basement, or room, any side of which abuts
on or against the earth or soil, shall be-
(1) that such cellar, vault, underground room, basement or room is fronts
on street which is of a clear width of not less than 8 feet free from
any vertical obstruction whatever;
(2) that such cellar, vault, underground room, basement or room is provided
with one window at least opening into the external air and the
total area of sch windown or windows, clear of window frames, is at least
1/10 of the floor area of such cellar, vault, underground room, basemetn, or
room;
(3) that no side of such cellar, vault, underground room, basement or room
abuts against the earth or soil to an average height exceeding 4 feet
above the floor level;
(4) that ahroughout the remainder of the height of usch cellar, vault,
underground room, basement or room the ground outside is at least four feet
distant horizontally from the external wall of such cellar, vault,
underground room, basement or room; and
(5) that the area formed between such ground outside and such external
wall is not obstructed or covered over, either wholly or partially, by the
erection of structures, coverings, or fixtures of any kind whatsoever:
provided always that the board may, if it thinks fit, grant permission in
writing to obstruct or cover such area in any manner which may be previosly
approved by the board. 2(1) the conditions under which alone it shall be lawful to occupy or
use, or to let or sublet, or to suffer or permit to be used for occupation as a
shop any cellar, vault, underground room, basement or room, any side of
which abuts on or against the earth or soil, shall be that such cellar, vault,
underground room, basement or room complies with the provisions of the last
preceding by-law, or that such cellar, vault, underground room, basement or room
fronts on a street of a clear width of not less than 8 feet free from
any vertical obstruction whatever, and that such cellar, vault, underground room,
basement or room does not exceed 30 feet in length, as measured from the
front wall to he back wall.
(2) such shop shall not be used for habitatin except by such a person or
by such number of persons as the board may authorize in writing, and, in
every case in which the board authorizes any person or persons to use for
habitation any such shop, sleeping accomodation shall be provided by the
erection of a cockloft or bunks, which shall have a clear space of at least 4 feet
between it or them and such side or sides of the cellar, vault, underground
room, basement or room as abuts or abut against the earth or soil.
PART III.
CATTLE-SHEDS, PIG-STIES, ETC.
1 annual licences expiring on the 31st day of december of the year in
which they are granted shall be issued for the keeping of cattle, swine, sheep,
and goats.
2 any person desirous of obtaining alicence to keep cattle, swine, sheep,
or goats shall make application to the board by menas of a properly filled-in
form, for which purpose blank forms may be obtained from the secretary of
the board at his office.
3(1) no building in which cattle, swine, sheep, and goats are housed
shall be situated nearer than 6 feet to any dwelling house and shall not in
any way connect with a public or private sewer, except with the special permission
of the board.
(2) such building shall be lighted and ventilated to the satisfaction of the
board, and the flooring thereof shall be of granite slabs, concrete, or other im-
pervious material and provided with water-tight channels for draining all
urine and fluid noxious matters into a water-tight covered sump or such other
place as may be approved of by the board.
(3) the sump shall be constructed to the satisfaction of the board, and
shall be emptied and the contnets thereof, together with solid manure in the
building, remvoed daily.
4 each cow shall have at least 24 sq feet net area of standing
room and 360 cubic feet of air-space; but in no case
shall the building be less than 12 feet in height.
5(1) each sheep and goat sall have at least eight square feet of standing
room and 90 cubic feet of air-space. (2) each pig shall have at least 8 sq feet of standing room, and
every pig-sty shall be not less than 4 feet in height at its lowest part, and
shall be thoroughly ventilated to the satisfaction of the board.
6 the buildings shall be at all times kept in a cleanly condition, and the
walls be scraped and lime-washed at least once every 6 months.
7 a building ofr which a licence is held to house cattle, swine, sheep, or
goats shall not be used for any other purpose than the housing of such animals
execpt the storage of fodder, and the space occupied by such fodder shall not
be included in the cubic air-space laid down in by-laws 4 and 5.
8 buildings in which cattle, sheep, goats, and swine are housed shall be at
all times open to inspection by members of the board or any ofthe board's
officers.
9(1) every licensee or, in his absence, the person in charge of the
animals shall, with all possible speed, report to the officer in charge of the
nearest police station any and every case of disease occurring amongst his animals.
(2) in the event of an animal dying, the carcase shall not be removed or
buriedwithout an order in writing fom an inspector of live-stock or from
some person authorized by him.
10 the board may, in its discretion, cancel any licence to keep animals on
the holder of such licence being a second time convicted before a police
magistrate for a breach of these by-laws.
11 in the calculation of cubic space under by-law 4, 2 calves under
1 year shall be counted as one cow.
12 in the calculation of cubic space under by-law 5, 2 lambs, 2 kids,
and 2 young pigs (under 4 months) shall be counted as one sheep,
one goat, and 1 pig respectively.
13 any person desirous of obtaining a licence for a building in which
animals are to be housed shall make adequate provision that the building
shall have a suitable supply of good wholesome waater for the use of the
animals to be housed therein, and such supply of water shall be within such
distance of the building as may in each case be determined by the board.
PART IV.
CEMETERIES.
Cemeteries other than chinese cemeteries.
1 every cemetery shall be at all times open to inspection by member of
the board and by any of its officers who may be directed to make such inspections.
2 each grave shall bear a number. 3(1) a register shall be kept by the person or persons in charge of
each cemetery, at or near such cemetery, and the date of buriak, name, sex,
age, and registered cause of death of each person shall be entered therein
against the number of the grave in which the corpse in interred.
(2) the register shall be open to inspection by any member of the board,
or by any officer of the board who may be directed to make such inspection,
at any reasonable hour.
4 each grave shall be dug to at least a depth of 7 feet throughout.
5(1) except as regards the corpses of children under 5 years of age,
only 1 corpse small be placed in 1 grave.
(2) in the case of the corpses of children under 5 years of age, two
corpses may be place in one grave.
6 the interspace between any 2 graves at any point shall be at least 18'.
7 each grave, on being filled in, shall be properly covered with turf or
chnam or such other material as may be approved of by the board.
8 no grave may be re-opened after a corpse has been intered therein,
without the written permission of the medical fficer of health or other
officer duly apointed by the board for that purpose.
9 th person in charge of each cemetery shall ive not less than 2 hours'
notice to the overseer, or othr officer of the board duly appointed
for the purpose, of the intention to inter a corpse and the hour at which it
is proposed that such interment shall take place.
chinese cemeteries.
10 each cemetery shall be laid out in sections of such size and arranged
in such manner as may be directed by the board.
11 a plan of the cemetery or a tracing thereof as laid out shall be on view
at or near to the cemetery and at the office of the board.
12 the plan shall show the position of each grave-space in each section,
and every such grave-space shall bear a number.
13 a register shall be kept in the english and chinese languages at or
near each cemetery, and the date of burial, name, sex, age, and registered
cause of death of each person shall be entered therein against the number of
the grave in which the corpse is interred.
14(1) except a regards the corpses of children udner 5 years of
age, only one corpse shall be placed in one grave.
(2) in the case of the corpses of children under 5 years of age, 2 corpses
may be placed in one grave.
15 each grave, on being filled in, shall be covered with truf or chunam or
such other material as may be approved of the board. 16 no grave may be re-opened after a corpse has been interred therein,
without the written permission of the medical officer of health or other
officer duly appointed by the board for that purpose.
17 the following fees will be charged for each grave-space and interments
in the various sections of the cemeteries.
section A. Free. fifty cents for digging, filling in,
do. B $1 and a dollar and coverning each grave.
do. C $ 2 do.
do. D $10 do. for digging, filling in, and covering
do. E $15 do. each grave.
PART V.
COMMON LODGING-HOUSES
1 a register of all common lodging-houses shall be kept by the registrar
general in accordance with the form No.1 appended to these by-laws.
2 before a house can be registered as a common lodging-house, an application
must be made to the registrar general, in accordance with the form
No. 2 appended to these by-laws, setting forth the situation ofthe house,
the number of the rooms to be set apart for lodgers, and the cubic capacity of
each room so set apart, and for this purpose the schedule or form will be
furnished by the registrar general.
3 the registrar general shall transmit each application for the registration
of a house as a common lodging-house to the board, and the board shall
then cause the hose specified in such application o be inspected by one or
more of its officers, who shall submit a report to the board on the snaitary
condition of such house and its suitability for use as a common lodging-house.
4(1) any house to be registered as a common lodging-house must be
substantially built and in a good state of repair, the floors must be paved
with tiles or cement concrete or with lime concrete rendered with one inch of
portland cement or boarded with planks close-jointed, and all the rooms which
are to be used as sleeping rooms must be on all sides above the level of the
ground immediately surrounding the house.
(2) the house-drains must be in good order and constructed in accordance
with the by-laws regulating house drainage, there must be adequate kitchen,
board; and, except when the supply of water is constant, there must be a
proper cistern for the storage of water.
5 when the board is satisfied that a house sought to be registered as a
common lodging-house is suitable for such a purpose, it shall inform the registrar
general accordingly, who may then register such house as a common
lodging-house. 6 before any person can be licensed as a keeper of a common lodging-
house an application must be made to the registrar general, and such appli-
cation must be accompanied by a certificate of character from one or more
householders, to be approved of by the registrar general, who shall gvie
security for the carrying out of the regulations by the licensed keeper.
7 when the registrar general is satisfied with the character of an applicant
for a licence to keep a common lodging-house, he may issue a licence to
such applicant accordinly.
8 the keeper of a common lodging-house shall reduce the number of
kidgers in any room of his common lodging-house on receiving notice in writing
fro mthe board, stating the cause for making such reduction and the peiod
for which it shall continue in force.
9 the keeper of a common lodging-house shall not permit his premises to
be occupied, between the hours of 11p.m. and 5 a.m., by a greater number of
person than that specified on the licence issued to him by the registrar
general.
10 the keeper of common lodging-house shall not permit males and
females above 10 years of age respectively to occupy the same sleeping apartment,
except in the cases of husband and wife and parents and children, and
he shall not allow any person to occupy his house for immoral purposes.
11 the keeper of a common lodging-house shall not knowingly permit
persons of bad character to lodge in his house, and he shall maintain and enforce
good order and decorum therein; and he shall also keep a register of the
name, occupation, and native place of each lodger.
12 the keeper of a common lodging-house shall cause the windows of each
of the sleeping rooms to be kept open to their full width for at least 4
hours each day, unless prevented by inclement weather or by the illness of
any person occupying any of the rooms.
13 the keeper of a common lodging-house shall cause the internal walls and
ceilings of every part of his house to be thoroughly cleased and lime-washed
during the 6th and 12th months of the chinese year.
14 the keeper of a common lodging-house shall at all times keep his
premises in a clean and wholesome condition, and the fittings of the sleeping
rooms shall be maintained by him in a thorough state of repair. he shall
cause every room, passage, and stair to be thoroughly swept at least once a
day.
15 the keeper of a common lodging-house shall cuase all filth and house
refuse or other offensive matter to be removed from his premises daily.
16 if any person in a common lodging-house becomes ill from any infectious,
contagius, or communicable disease, the keeper of such coomon lodging-
house shall forthwith give notice thereof to the inspector of nuisances in
whose district the lodging-house is situated, or to the nearest police station, or to th registrar general; and the keeper of such common lodging-house
shall cause the house to be vacated and shall allow thebedding, clothing, and
other articles used by the infected person to be destroyed or disinfected and
the house to be fumigated, disinfected, and lime-washed, at the public expense,
in such manner as the board may direct.
FORM NO. 1.
Common lodging-houses register.
FORM NO. 2.
application for a house to be registered as a common lodging-house.
I, the undersigned, hereby make application to have the undermentioned
premises registered as a common lodging-house.
dated the day of , 19 .
(signed)
applicant.
(address)
situation of premises sought to
be registered as a common
lodging-house............................
number of floors to be used
as a common lodging-house...................
number of rooms set aprat for lodgers...........
cubic capacity of room no.1...................cubic feet.
do. do. no.2.....................do.
do. do. no.3.....................do.
do. do. no.4.....................do.
do. do. no.5.....................do.
do. do. no.6.....................do.
to the registrar general. PART VI.
CONCERTING.
1 the material to be used for covering the gorund surface of all domestic
buildings shall be good lime or cement concrete at leas 6' thick,
finished off smooth, to the satisfactin of the board: provided always that
the board may, in its discretion, exempt the owners of existing domestic
buildings, the floors of which have a space between the ground floor and the
ground surface, from carrying out the requirements of this by-law.
2 the material to be used for covering the floors of areas and basement
stories, and the ground surface of every cook-house, latrine, backyard, courtyard,
or other space on hich slops may be thrown, shall be good lime or
cement concrete or other impervious material, to the satisfactin of the board,
at least 6' thick, and in addition such material shall be finished off
smooth with not less than 2' of cement concrete of the proportion of
one part of cement to 4 parts of fine broken stone, or with granite slabs
bedded and jointed in cement mortar, or with hard burnt bricks or tiles
beeded and jointed in cement mortar, or with such other material as may be
approved of by the board.
3 the ground surface of every cook-house, latrine, backyard, court-yard
or other space on which slops may be thrown shall have a fall of not less than
one-half inch to one foot from the walls of the building towards the surface
channel or other outlet for the drainage of such surface.
PART VII.
DAIRIES.
1 any building or part of a building used for the storage of milk intended
for sale, or in which milk is sold, shall be deemed to be a dairy within the
meaning for these by-laws.
2(1) any building used as a dairy shall be registered annually, during
the month of january, at the office of the board.
(2) every application for registration shall be made in the form appended
to these by-laws.
3 the ground surface of every dairy shall be paved, to the satisfaction of
the board, with good lime concrete laid down at least 6' thick and
the surface thereof shall be rendered smooth and impervious with asphalt, portland
cement, or such other material as the board may approve of, or cement
concrete 3' thick floated smooth on the surface may be used.
4 no person shall use any dairy as a sleeping room or for domestic
purposes.
5 no animal shall be kept in any room which is used as a dairy. 6 every dairy shall be so drained as to be ina caccordance with the requirements of
the public health ordinance, 1901, and the by-laws made thereunder, and the inlets
to the drains shall in all cases be placed outside the
rooms in which fresh milk is stored.
7 no water-closet, dry-closet, earth-closet, or urinal shall be within or be
in direct communication with any dairy.
8(1) every dairy and all articles used therein shall be kept at all
times in a cleanly condition and free from all noxious matter.
(2) the whole of the interior walls (unless tiled) and the ceilings of the
rooms of the dairy shall be properly lime-washed during the 1st and 7th
months of each year.
9 every dairy shall be at all times open to inspection by the medical
officer of health or by any of the board's officers duly deputed by him.
10 no building or part of a building shall be used as a dairy until such
premises have been approved by the board as being in accordance with the
by-laws for the time being in force relating to the regulation of dairies and
have been registered.
application for premises to be registered as a dairy.
I, the undersigned, hereby notify the sanitary board that I propose to
commence/continue the business of a public bakery on the premises known as No.
street, floor, Lot No. , and I request that the said premises may
be duly registered as a dairy.
dated the day of , 19 .
(signed)
applicant.
PART VIII.
DEPOTS FOR ANIMALS.
1 the fee payable for each head of cattle shall be 2 cents for the day of
entry into a government depot and a further sum of 2 cents for every day
that such heaad of cattle remains in such depot, not including the day of
entry.
2(1) the board provides water only for the use of cattle, pigs, sheep,
and goats housed in government depots.
(2) the owners of such animals must provide proper and sufficient food,
and must send men in sufficient numbers to look after, feed, and water such
animals.
(3) accommodation for such men is provided on the premises.
3(1) no cattle, pigs, sheep, or goats shall be remeoved from a governemtn
depot for any purpose except on a removal order signed by the inspector
in charge. (2) such order shall be granted by the inspector in charge on the production
and deposit of the receipt given on admission of th animals and in
favour of the person therein named or of any other person on his order,
and on payment of a fee of 5 cents for each sheep or pig removed, unless
immediate payment is dispensed with.
PART IX.
DISINFECTION OF INFECTED PREMISES.
1 in the following by-laws-
the words 'infected premises' mean and include and premises in which
any person suffering from any infectious disease is or has been recently
located:
the words 'infectious disease' mean and include bubonic plague, cholear,
small-pox, diphtheria, scarlet fever, typhus fever, enteric fever, relapsing
fever, puerperal fever, measles, and whooping cough and such other
diseases as may from time to time be defined by the board by resolution
for the pupose.
2 when any person suffering from any infectious disease has been removed
from any premises, or has recovered, or has died, the medical officeer
of health shall, with the assent of the occupiers of the infected premises,
take such steps as he may deem necessary for the disinfection and purification of the
said premises.
3(1) any building or part of a building in which any person attacked
by bubonic plague, cholera, small-pox, or such other epidemic, endemic, or
contagious diease as may from time to time be notified in th gazette, or
in which the body of any person who has died of any such disease may
have been or may be found, shall forthwith, after the removal therefrom of
the diseased person or of the dead body, be thoroughly cleased and disinfected,
to the satisfaction of the medical officer of health.
(2) if, in the opinion of the medical officer of health or of any legally
qualified and registered medical practitioner, such a course is necessary, in
the interests of the public health, the persons residing in such building or
part of a building shall be detained therein or shall be removed to such
buildings or vessels as the board may direct, and there isolated and kept
under observation until such time as they may, in the opinion of the
medical officer of health or other medical officer in charge of such buildings
or vessels be safely released.
(3) it shall not be lawful for any person to re-occupy any such building
or part of a building until it has been thoroughly cleansed and disinfected
as aforesaid.
4(1) if any article of clothing or bedding or any other article which
has been in contact with any person or any dead body in any way affected
by any such disease can, in the opinion of the medical officer of health or of an inspector of nuisances, be preserved without danger to the public health
and can be effectively disinfected, then such article shall be removed from
any premises in which it may be found by coolies hired by any person acting
under the instructions of the board or of one of its duly authorized officers,
with such precautions and in such manner as the board may from time to
time direct, and shall be effectively disinfected and then returned to the
owner or owners thereof.
(2) no person, save as aforesaid, shall handle any such article until it has
been disinfected.
5 if, however, in the opinion, duly certified in writing, of an inspector of
nusisances, or of any other duly authorized officer of the board, or of a legally
qualified and registered medical practitioner, any begging, clothing, or other
article which has been in contact with any person or any dead body in any
way affected by any such disease, or which has been found upon any premises
recently occupied by such person or body, cannot be effectively disinfected or
ought, in the interests of the public health, to be destroyed, then such article
shall, if the medical officer of health or other officer of the board duly
authorized to act on his behalf concurs, be destroyed in such manner and
in such place and with such precautions as the said board may from time
to time direct.
additional by-laws to be enforced only during the prevalence of an epidemic,
endemic, or contagious disease in the colony or in any district thereof.
6(1) during the prevalence in the colony or in any district thereof, of
bubonic plague, cholera, small-pox, or such other epidemic, endemic, or con-
tagious disease as may from time to time be notified in the gazette, all
receptacles, whether public or private, for excremental matter shall be kept
thoroughly disinfected by the owner thereof, to the satisfaction of the medical
officer of health or other duly authorized officer of th board, by causing to
be thrown into every such receptacle after use a sufficient quantity of any
such disinfectant as may be approved by the board.
(2) all flors and channels, as well as all partitions, seats, and other
fittings, of every latrine shall be frequently washed and cleased with water
to which some such disinfectant has been added.
7(1) during the prevalence in the coony, or in any district thereof,
of any of the aforesaid diseases, any building or part of any building which
is certified in writing by the medical officer of health, or by any legally
qualified and registered medical practitioner, to be unfit for human habitation,
even although the same may have been cleansed and disinfected as
provided in by-law 3, may be closed by order of the board during the
prevalence of an of such diseases or for such less period as the medical
officer of health or such legally qualified and registered medical practitioner
may certify to be necessary, and the occupants of the same may be removed,
after 24 hours' notice has been given to the householder or occupier
to vacate the premises, by the service of a notice, duly signed by the secre- tary of the board, or by the posting of such notice upon any portion of the
premises.
(2) in no case shall such premises be re-occupied except under a certificate
of the board, signed by the secretary, that such premises are fit for human
habitation.
(3) the board may, when necessary, erect matsheds, or hire buildings,
or acharter vessels and use them for the accommodation of any persons so
removed.
8(1) any officer of the board may, during the prevalence in the
colony, or in any district thereof, of any of the aforesaid diseases, and within
such limits as may from time to time be defined by the board, make a house
to house visitation for the purpose of inspecting the sanitary condition of any
premises so visited and of all and every part thereof, and of ascertaining
whether there is any person in or upon the said premises attacked or affected
by any of the said diseases or the body of any person who has died therefrom.
(2) if the premises so visited or any part thereof are or is found in a dirty
or insanitary condition in the opinion of any such officer, he shall report the
same to the medical officer of health or to any such other officer as may be
appointed for that purpose by the board, with the approval of the governor,
who shall inspect such premises, and, if he considers them or any part thereof
to be in a diryt or insanitary condition, he may forthwith take steps to have
all furniture and goods remvoed therefrom and to have the said premises
thoroughly cleansed and disinfeected by persons acting under his instructions;
and whenever, in his opinion, it is necessary for the thorough cleansing and
disinfection of such premises to do any or all of the following acts, namely, to
take down, remove from the premises, or destroy any mezzanie floor, cockloft,
partition, screen, or other similar structure or fitting, or any portion
thereof, or whenever, in his opinion, any mezzanine floor, cockloft, partition,
screen, or other similar structure or fitting prevents the free access of light
and air to the premises, he shall forthwith have the same taken down, and if
he considers the removal from the premises, or the destruction thereof, or both,
necessary in the interests of the public health, he shall forthwith cause
the same to be removed from the premises, or destroyed, or both.
(3) such destruction shall be carried out with such precautions and in
such manner and in such place as the board may from time to time direct.
(4) for the purpose of this by-law, any officer of the board may enter
any premises without notice between the hours of 5 a.m. and 6 p.m.
PART X.
DOMESTIC CLEANINESS AND VENTILATION.
1 the occupier of any domestice building shall at all times cause such
building to be kept in a cleanly and wholesome condition and see that the
drains, traps, gratings, fall-pipes, and other sanitary fittings and appliances
are kept free from obstruction and in efficient state of repari; and he shall
keep the windows and ventilating openings at all times free from obtruction, unless prevent by inclement weather or by the illness of any person
occupying such building.
2 every occupier or householder of a domestic building shall cause all
excremental matter to be removed daily from such building, to one of the
public conservancy boats, by a duly registered night-soil carrier.
3 every occupier or householder of a domestic building shall cause all
domestic waste, refuse, or other objectionable matter, other than excremental
matter, to be removed daily fro msuch building and taken to a public dustcart
or dust-bin.
4(1) the board shall, if satisfied that any domestic building is in a
diry condition, give notice to the householder to have such building in respect
of which the notice is given thoroughly cleansed and lime-washed within
a period of 1 week from the date of receipt of such notice, and such house-
holder shall cleanse and lime-wash such premises in accordance with such
notice.
(2) in any case where no householder exists or can be found, the owner
of such building shall be served with a notice to the above effect, and, on
such service being duly effect, such owner shall clease and lime-wash such
premises in accordance with such notice.
5(1) any house or part of a house which is occupied by members of
more than one family shall, unless specially exempted by the board, be
cleansed and lime-washed throughout by the owner, to the satisfaction of
the board, not less than twice in every year, namely, during the months of
january and february and of july and august in the eastern division of the
city and in the eastern division of kowloon; during the months of march
and april and of september and october in the central division of the city.
(2) notice of such intended cleansing and lime-washing shall be sent to
the secretary of the board three clear days before the work is commenced.
NOTE- The western boundary of the eastern division of the city is garden road; the
western boundary of the central division of the city is morrison and east streets; the
western division of the city lies to the west of morrison and east streets. kowloon is
divided into eastern and western divisions by robinson road and a straight line drawn
from the north and thereof through the yaumati service reservoir to the northern boundary
of kowloon.
PART XI.
DOMICILIARY VISITS.
1(1) the secretary of the board shall furnish the inspectors of
nuisances with general authority in writing, in english and chines, to
enter, between the hours of 8 a.m. and 6 p.m., and inspect, upon reasonable
notice to the occupiers or owners any building and curtilage in their respec- tive districts for the purpose of ascertaining the sanitary condition, cleanliness,
and good order thereof or of any part thereof, and of any partitions,
mezzanine floors, stories, and cocklofts therein, or of any drain therein or
in connexion therewith.
(2) if it is requisite, for the purpose of ascertaining the sanitary condition
of any domestic building or curtilage, to open the ground surface of any part
thereof, any inspector of nuisances, in possession of authority in writing
signed by the medical officer of health or by the secretary of the board, after
giving not less than 48 hours' notice in writing, signed by either of
the aforesaid officers, to the occupier or owner of such domestic building or
curtilage of his intention to enter the same for the purpose of opening up the
ground surface thereof, amy so enter, with such assistants as may be necessary,
and open the ground surface of such premises in any place or places
he may deem fit, doing as little damage as may be.
(3) if the material which has been used for covering such ground surface
and the nature and thickness thereof are found satisfactory and in accordance
with law, such ground surface shall be reinstated and made good by the
board at the public expense.
2 the secretary of the board shall, on the requisition of the medical
officer of health or by direction of the president of th board, authorize in
writing, in enlish and chines, one or more of the board's officers to enter
any domestic building, at any hour between 6 pm and midnight, for the
purpose of ascertaining whether such building or any part thereof is in
an overcrowded condition.
3 no officer of the board shall, between the hours of midnight and
8 am, enter any domestic building for th purpose of ascertaining whether
such building or any part thereof is in an overcrowded condition, without
the written permission, in english and chines, of the secretary, countersigned
by the president of the board.
PART XII.
DRAINAGE.
Explanatory notes to by-laws.
A. the following notes convey, in general terms, the principles that should
guide the design and construction of house-drains. before proceeding to lay
down in detail the instructions which should be attended to, in order to apply
the same satisfactorily, it must be observed taht no code of instructions can
possibly embrace every case that will occur. it must be remembered that no
system of house-drainage that has yet been devised, or probably will ever be
devised, does away with the necessity for care in use. the real remedy for
the inconveniences which are too often experienced from house-drains lies, not in any elaboration of applicances, but in careful construction, careful use,
and a reasonably liberal water supply. without the co-operation of the public,
the sanitary authority is almost powerless to effect improvement. it is therefore
to be hoped that the public will assist, by insisting on good construction
and the proper use of house-drains.
B. the object of a house-drain is to carry off, from the dwelling to the
street-sewer, water fouled by use, together with all the solid or semi-solid
refuse which is usually associated therewith, such as excrement of men or
domestic animals, refuse from cooking, and the like; in short, the foul liquid
usually known as sewage.
C. the house-drain must 'self-cleansing.' the sewage as produced in
the daily life of the inmates must flow through the drain with a current
sufficiently rapid to sweep along with it all suspended matter, so that no
permanent deposit can take place. a drain in which deposit takes place is a
cesspool in disguise, from which offensive emanations find their way into the
dwelling; and from which putrid sewage flows into the street-sewers, making
them exceedingly offensive. a badly constructed or badly kept house-drain
is, therefor, not only a source of danager to the inmates of the house that it
drains, but a public nuisance also. unless house-drains are well made and
properly used, no system of street sewers, however perfect, can work in a
satisfactory manner.
D. water being the agent which cleanses the house-drains, its liberal use
by the inmates of the dewelling is essential to the proper maintenance of
house-drains. the sewage must be well diluted. nevertheless, the quantity
of water necessary for the proper cleansing of house-drains is not excessive.
the water normally used by the inmates of a dwelling for washing and
cooking is sufficient for this purpose, provided that it is readily obtainable at
all times, either in the dwelling or in close proximity thereto.
E. the principal point to be attended to in the design of house-drains is
so to arrange matters that the sewage, as produced, shall flow through them
in the most rapid current practicable; so that all suspended matter shall be
swept away at once and completly.
F(1) the speed of a stream flowing through a pipe or channel, of given
size and shape, depends upon the following conditions:-
(a) the inclination fo the channel;
(b) the smoothness of its surface; and
(c) the volumnse of the stream.
(2) the steeper the slope and the smoother the sides of the channel, the
swifter will be the current. the greater the volumn of the stream, inclination
being the same, the greater the speed.
(3) thus is a 12' and a 3' pipe have the same inclination, the velocity in
the 12' pipe would be about twice as great as in the 3' pipe, provided that
both were half full. but to fill the 2 pipes to this extent, the queantity of water passing through the 12' pipe would be about 32 times that
passing through the 3' pipe. but if the same quantity flowed through both
pipes, then the current in the 3' pipe, being more concentrated, would flow
more rapidly than that in the partially filled 12' pipe.
G. these considerations would lead ot the conclusion that the best size to
be used for any house-drain would be that which would just suffice to carry off
the sewage with the pipe not less than half full. within certain limiations,
this is the case.
H. in the case of street-sewers draining large districts, from which the flow
of sewage is comparatively regular and capable of estimation, the proper size
of sewer may be calculated with some approach to precision. in the case of
house-drains, however, such precision is impracticable. the rate of flow is
irregular and the quantity of sewage deponds upon the habits of the inmates.
were the size of a house-drain calculated to carry off even a most liberla
water supply, which is, for practical purposes, the measure of the sewage, it
would be found, in the vast majority of caes, to be much less than that which
experience has shown to be applicable in practic. it has been found that a
house-drain less than a cetain size is inconveniently liable to stoppages, caused
by extraneous matters, such as rags, paper, and the like, which occasionally
find their way into the best managed house-drains.
I. the minimum size of house-drain is usually fixed at from 4' to 6'
in diameter. a 4' drain, constructed in the usual manner, is
probably somewhat small as a minimum; and a 6' somewhat large. a
diameter of five inches, were this size readily obtainable, would be a better
minimum.
J. whenever the minimum size will suffice it should be used. indeed,
subject to the limit laid down in the last preceding paragraph and to certain
conditions to be set forth later on, the smaller the house-drain the better. the
use of unnecessarily large house-drains amounts to an abandonment of the self-
cleansing principle. if a drain is so large that the normal flow of sewage
cannot fill it to a sufficient depth to establish a self-cleansing velocity, deposit
takes place and goes on, either till the pipe is choked and the sewage escapes,
through leaks, to the sub-soil, or until the deposit has accumulated sufficiently
to reduce the area of the sewage-way to that which will established a current
sufficiently rapid to prevent further deposit.
K. in order that the size of house-drains may be reduced to the minimum
practicable, in each instnace, rain-water should be excluded from them as far
as possible. rain-water cannot, however, be whooly excluded from house-
drains. many uncovered surfaces, such as backyards, receive slops and foul-
water in the course of daily use, and this must be carried off by the house-
drains. a duplicate set of drains ofr such areas, one for sewage and the other
for rain-water, would be a costly complication, and there ould be no security
that each set would be used for its proper purpose only. some sewage would almost inevitably find its way into the rain-water drain, which, being of large
size, would be imperfectly flushed and therefor offensive.
L(1) rain-water should be diverted from house-drains to the full extent
that is possible by the use of surface-channels. as a general rule, when
surface-channels cannot be used to divert rain-water, it must be admitted to
the house-drain. hence, in the majority of cases, the amount of rain-awater
to be carried off determines the size of the house-drain. the table hereunto
appended gives the area from which 4' of rain, falling in one hour, will
be carried off by pipes of various sizes, laid at different inclinations. in providing
for the removal of rain-fall from a given surface, it is to be remembered
that it is nt sufficient to provide a pipe of ample size to carry off the rain-
fall. traps and gratings must be provided in sufficient numbers and of sizes to
admit the rain-water freely to the drain, and the surface must have a fall to
carray it to the openings. in many cases neglect of these precautions has
caused flooding. this has been put down to the size of the pipes, whereas the
inlets were really at fault.
(2) rain-water cannot be looked upon as a legitimate agent for cleansing
house-drains from deposit, because, first, there should be no deposit to remove
from well constructed and properly managed drains, and, secondly, there are
long intervals in which no rain falls, so that this flushing agent fails when
most wanted.
M. the irregularity and uncertainty of the flow of sewage, which precludes
an accurate determination of size, makes it impracticable to calculate definitely
the proper inclination of house-drains. experience shows that, under the
normal conditions of use, an inclination of one in 30, therefore, should, as a
rule, be given to house-drains. drains laid at must flatter gradients can
be made to work perfectly, with care, and provided that the flow of
sewage is copious, ie, sufficient to fill the pipe nearly half full. the designer
of house-drains, having no control over their subsequent usage, will do well
to give them, in every case, the greatest practicable fall.
N. the ordinary 'trap' or syphon is not a perfect preventive against the
escape of sewage-tainted air from house-drains, although it is the only appliance
available for the purpose. the water which seals the trap may evaporate
during disuse, or a piece of fibrous matter may act like a syphon and draw off
the water sufficiently to leave a free passage for the escape of sewage-tainted
air. again, if there is a series of inlets connected to a drain which is unporvided with
any free outlet, a sudden rush of water throgh one trap will force
the air contained in the drain through the other traps or unseal them by
drawing off their contents, and open a passage for the escape of sewage-tainted
air into the dwelling or into some confined space in its neighbourhood.
consequently, house-drains must be 'ventilated,' or rather provided with
vents, to prevent the accumulation of sewage-tained air therin and to secure
the efficiency of the traps. to effect this thoroughly, the drain must have, at or near its extremities, openings giving a free escape to the air within it, and,
between these openings, there should be no trap or other obstruction to the
free passage of air.
O. these ventilating openings should be so placed that any sewage-tainted
air which may escape from them shall be as little offensive as possible. with
this object, the inner ventilating opening should be placed above the roof of
the dwelling. this is usually done by carrying up a pip, having a free
opening at the top, above the roof and at a distance from any window. the
second opening is usually made on the house side of the trap which severs the
direct communication between the drain and the public sewer. if, however,
there is no trap between the house-drain and the sewer, then there is no
necessity for a second opening, the sewer itself serving the purpose. with
a well constructed system of self-cleansing streeet-sewers this arrangement
may be adopted with safety, even with the advantage. then every house-drain
ventilator serves as a sewer ventilator also; and, when this is done universally,
no accumulation of sewer-tainted air can take place in any aprt of the system.
P. care must be taken in selecting the position of the lower ventilating
opening, because the elevated ventilating pipe by no means secures a
permanent upward current of air. according to the relative temperature of the
air within and without the drain, to the direction and force of the wind, so an
upward or downward current will obtain.
Q complete ventilation is especially important where any part of the house-
drain system is in communication with the interior of the dwelling, or where
the systme is extensive and has numerous inlets. it is essential where water-
closets are used, or where the drains receive excrementitious mateter. in the
cae of a short length of drain, leading from a single inlet, placed in an open
space, such as a backyard, though desirable, it is less necessary and may be
omitted without serious danger.
R. any direct communication between the interior of the house and the
house-drain should be avoided. pipes carrying water from baths or sinks
within the dwelling shoud therefore deliver their effluent above trapped gullies
in the open air. the effluent from baths or sinks on upper stories should,
whenever practicable, be received by open-topped pipes, delivering freely above
trapped gullies at or a little below the ground-level. if, as in the case of
water-closets, a direct communication has to be made between a fitting inside
the house and the drain, then there must be complete ventilation by means of
a pipe carried up out side and to the top of the building.
by-laws.
1 any owner or occupier of private premises who intends to construct,
reconstruct, alter, or amend any drain shall give at least 7 days' previous
written notice of suc hintention to the board, the such notice shall be delivered at the office of the board, in a form of which printed blank copies
may be obtained gratis, in english and chinese, on application at the office
of the board, or, in the case of a village, at any village police station,
between the hours of 10 am. and 4 pm.
2(1) every such notice notice shall specify the name of the street, the number
of the lot, and the number of the house, if any, which it is intended to drain,
and shall be accompanied by a plan in duplicate of the premises, drawn on a
scale of not less than 20 feet to the inch, and such plan must show the
whole of the drains with their proposed sizes figured thereon, and a section
or sections showing the proposed falls or inclination and drawn to the same
scale and to a vertical scale of not less than 10 feet to the inch. the plan
must also show the position and course of all proposed surface gutters.
(2) provided that, in the case of a suburban lot which cannot conveniently
be included within a plan of ordinary dimensions, the lot and the out-fall drain
may be shown on a scal of not less than 100 ft to the inch.
3(1) within 7 days after receipt of the notice, the sanitary surveyor
shall, by means of a written communication, in english or chinese,
as may be necessary, inform the person who has given the said notice whether
his designs and proposed mode of construction are approved or disapproved;
and, in case of disapproval, such modifications or improvements as may be
requisite in order to comply with the provisions of the publice health ordinance,
1901, and of any by-laws made thereunder shall be indicated in
detail to such person by the sanitary surveyor.
(2) it shall not be lawful for such person to commence the drainage works
until the approval thereto of the sanitary surveyor has been obtained by
him, and, in the case of such aproval, one copy of the deposited plan shall
be returned to him, and the remaining copy shall remain filed in the office of
the sanitary surveyor.
NOTE- the approval of plans conveyed by the sanitary surveyor under this by-laaw
certifies simply to the fact that the plans are in accordance with the public health
ordinance, 1901, and with the by-laws made thereunder, but signifies no approval of the
sufficiency or otherwise of the plans and throws no responsibility on the board.
4 any person carrying out excavations for drainage works on any premises
contiguous to a public thoroughfare, whereby the safety of the public may be
jeopardized, shall light such excavations by means of a lantern or lanterns
kept lighted through the night, and he shall further provide watchmen,
erect hoardings, and otherwise take such precaustions as may be necessary for
securing the safety of the public and the protection of adjoining properties.
5 house-drains shall be made of impervious materials with smooth internal
surfaces, such as well glazed earthenware pipes or cast-iron pipes
protected against rust or corrosion by suitable asphaltic coating. the drains
shall be so constructed as to be water and air-tight. in jointing pipes with
cement, tarred hemp shall be caulked into the joint before the cement is applied, and care shall be taken that no cement or other jointing material
projects from the joints into the interior of he pipes; and any such projecting
material or other irregularities in the bore of the drain shall be carefully
removed.
6 house-drains shall be bedded in selected material, free from large
stones and well rammed into place.
7 all stoneware pipes shall be well glazed and free from cracks and flaws,
and shall have a thickness of not less than 1/12 of their diameter.
8 disconnecting chambers shall be red-brick manholes, fitted with stoneware
traps and ventilating grates of iron or stone.
9 lime mortar used for the building of manholes shall be composed of
three parts of sand or red earth and one part of good lime.
10 lime concrete used for encasing drains shall be composed of 4
parts of god sound clean stone, broken to half-inch cubes, 2 parts of red
earth, and 1 part of lime thoroughly well mixed and well rammed into
place.
11 cement mortar used for the jointing of pipes or any other work shall be
be mixed in the proportions of three parts of clean sharp sand and one part
of good portland cement, and used fresh.
12 no main house-drain shall be less than 6' in clear internal
iameter.
13 subject to the limitation mentioned in the last preceding by-law, no
main house-drain shall be larger than is necessary, in the opinion of the
board, to carry off the sewage of the dwelling, or the sewage with the rain-
water, which, under conditions hereinafter specified in by-laws 38 to 41,
both inclusive, amy be admitted to the house-drain.
14(1) every house-drain shall have the maximum fall, throughout its
length, that the relative levels of the public sewer and of the most remote
inlet will admit of: provided always-
(a) that the maximum available fall does not exceed one in 30 (or
4inches in 10 ft): if it does, then the part of the drain more remote
fro mthe public sewer may be laid with a fall of one in 30;
and the remainder with such greater fall as may be necessary to
connect with the public sewer; and
(b) that the excavation, necessary to obtain the maximum avivable fall,
is not of such a nature as to endanger the stability of the adjoining
or neighbouring property.
(2) in these and similar cases, the gradient may be reduced, subject to the
approval of the board.
15 whenever a reduction of fall (below the standard grade 1 in 30) is
necessary or permissible, it shall, wherever practicable, be made in the portion of the drain nearest to the outlet, rather than in the part nearest to the
inlet, and in th main trunk of the drain rather than in the branches.
NOTE- the available fall in a house drain, 100 ft long, is 2 ft 6' or one in
40. it will be better to make the first 30 ft from the inlet with a fall of 1 foot,
or 1 in 30, and the ramining lenght of 70 ft with a fall of 1 in 46.66, than to give
an uniform fall throughout.
eg(1)
it is clear that an obstruction at A would be more easily removed than one at B, in the
pipe of uniform gradient, because it would have a greater head of water behind it;
and in flowing from the inlet to it, the stream will have attained a certain momentum,
tending to carry it on, through the flatter part
of the pipe.
eg(2)
AB is a drain 90 feet long, with an available
fall of 3 ft, between A and B. At C, distant
60 ft from A, there is a brach CD 40 ft long;
D being at the same level as B.
if the main-drain AB were given an uniform fall of 1 in 30, then C would be 1
foot below B and D. then CD would have a fall of 1 in 40 only. the proper
course to pursue would be to gvie CD a fall of 1 in 30, or 1'4' in all. BC would then
have a fall of 1'4' in 30', or 1 in 22 1/2, and CA a fall of 1'8'
in 60', or 1 in 36.
16 whenever the gradient of any portion of a drain is less than 1 in 30,
the board may, in its discretion, require an automatic flush tank or any
other suitable contrivance for attaining an effective flush to be used.
17 all changes of direction in house-drains shall be made by means of
properly curved pipes or by half channels in man-holes, and between the
points at which any change of direction occurs all house-drains shall be laid
in straight lines and regular grades from point to point.
NOTE- inasmuch as changes of direction are the points at which obstructions most fre-
quently occur, and for the purpose of removing obstructions generally, householders will
do wel to provide, at each change of direction, a manhole, giving access to the drain.
for this purpose the manhole should be made 3' by 1 foot 6' to the surface or to
a depth of 5 ft above the drain. beyond this depth the manhole may be narrowed to 1 foot 6' by 1 foot 6'. but such manholes should not be found in cook-houses
or in places where they may be opend and used as receptacles for the disposal of solid
rubbish.
18(1) no drain shall be so constructed as to pass under any building,
except when any other mode of construction is impractiable. any drain
passing under a building shall (unless the written permission of the board
has first been obtained to lay it otherwise) be laid in one straigth line for the
whole distance beneath such building, and shall be imbedded and encased
throughout its entire length in four inches of good concret.
(2) where a drain traverses soft or yielding ground, or where water may
make its appearance in the trench, the drain shall be surrounded throughout
its entire length with 4' of good concrete.
(3) the stones composing the matrix of the concrete in both cases shall be
of a size to pass through a half-inch ring.
19 no drain shall be constructed in such manner as to allow any inlet to
such drain to be placed inside any building.
20 the aggregate area of the openings in any grating fixed on inlets to
waste-pipes from baths or sinks shall not be less than 4 sq inches,
and the waste-pipe shall not have a less internal diameter tan 1 1/2 inches.
NOTE - the object of this is to secure an efficient flush.
21 traps or gullies for the removal of rain-water shall be provided with
gratings having the net area of the openings not less than twice the area of
the trap or pipe. such gratings shall be sunk to a depth of at leas 1'
below the surronding pavement, with a slope round them equal to half the
width of the rating.
NOTE-- it is not sufficient to provide pipes of ample diameter; there must be openings of
sufficient size to admit the rain to them.
22 traps at the inlets to drains shall be placed so that the water-level in
them is not less than one foot below the ground, and such traps shall be
placed a low down as the level of the house-drain or branch will permit of;
provided that the depth be not more 2 ft.
23 traps shall have not less then 2' of water seal and shall be
securely fixed to the drain. all stoneware traps shall be surrounded with a
thickness of 4' of lime concrete.
24 no person shall construct or fix in connexion with any drain any drain or waste-
pipe the form of trap of the kind known as the bell-trap or any trap of the
kind known as the D trap. All traps connected with any private drains
shall be properly set in cement mortar, to the satisfaction of the board.
NOTE- bell traps and D traps from their form give rise to deposit of 5th difficult to
remove by flushing.
25 every main house-drain, wherever practiable, shall be ventilated at
its upper end by an opening in free communication with the outer air.
opening shall be place in such a position as to render emanations from
it as little obnoxious as possible.
NOTE- this is, in most cases, to be done by carrying up a well-jointed pipe, not less than
4' in clear internal diameter, to some point, above the eaves of the building, which is
not in close proximity to any window or chimney. in the case of rural or suburban
tenements, the ventilating opening may be provided on any eminence or open space at a
distance from the dwelling, the ventilating pipe and opening, in this case, being not less
tan 4' in internal diameter.
26(1) every main house-drain shall have a ventilating-opening near
to its lower end, and no trap or other obstruction to the free circulation
of air shall exist between this opening and the one described in the last preceding
by-law.
(2) if there is a trap between the house-drain and the public sewer, then
an opening shall be made on the house-side of the trap, and the said opening
shall be so arranged as to give access to the trap for inspection, cleansing,
or repair.
(3) if there is no trap between the public sewer and the house drain, no
special opening need be provided at the lower end.
27 drains leading from a single trap, and not being more than 60 ft long,
need not be provided with an elevated ventilating-opening at their upper
end; but, if this is omitted, they shall be provided with a trap, disconnecting
them from the public sewer, and shall have a ventilating-opening at the lower
end on the house side of the trap.
28 ventilating and fall pipes of stoneware shall be securely fixed to the
exterior surfaces of walls with wrought-iron bands fitted round the pipe and
made fast to the wall with 2 wrought-iron spikes not less than 4'
long. metal pipes shall also be fixed as above or shall have 2 cars
fixed to them and secured to the wall 2 wrought iron spikes not less
than 4' long.
29 down-pipes, conveying rain-water from roofs, shall be constructed of
cast or welded wrought iron, and when the down-pipe discharges into the
house-drain it shall be completly disconnected thereform, as described in
by-law 31, and fitted with a bend, shoe, or pedestal pipe. wherever practicable,
the rain-water down-pipes on the street side of buildings shall be carried
under the footpath and discharge into the side-channel.
NOTE- it is most important that such pipes should be completely disconnected from the
sewers, so that they cannot by any possibility serve as conduits for conducting sewer air up
and into the dwelling.
30 waste-pipes from baths, sinks, and other similar appliances on the
upper floor of buildings shall be of cast-iron socketed pipes or wrought-iron
welded pipes, with screwed joints coated with biuminous composition, or, in
the case of wrought-iron, galvanized, or of well glazed stoneware socketed
pipes, or other approved materials, securely fixed outside the wall, and provided,
at each pint of connexion, with a suitable head, and at their lower extremity with a bend, shoe, or pedestal pipe. all joints of stoneware pipes
shall be made in the manner provided by by-law 5.
NOTE- zinc, tin-plate, riveted, or lap-jointed sheet-iron will not be approved.
31 waste-pipes, as well as down-pipes from roofs, shall not be connected
direct with any drain, but shall discharge in the open air near to or over a
trap, and they shall be brought down to within one foot or less from the
ground.
32 no rain-water pipe from the roof of a building shall be used as a ventilaing
shaft to any drain which communicates, or is designed to communicate,
with a public sewer.
NOTE- rain-water pipes terminate at the eaves of the house, a point not high enough
above windows to be a safe ventilating outlet.
33 any person who may have laid any drain or constructed drainage
works connected therewith shall not cover up such drain or works until the
same has or have been previously inspected and passed by the board, and
such person shall give 3 clear days' written notice to the board that such
drain or works is or are ready for inspection, and such notice shall be delivered
at the office of the board in a form of which printed blank copies may be
obtained graties, in english and chinese, on application at the office of the
board, or, in the case of a village, at any village police station, between the
hours of 10 am and 4 pm.
34 before any drain is covered in, it shall be inspected and tested to
ascertain whether it is water and air-tight; and no drain that fails in this
respect shall be passed. after inspection, the earth shall be carefully filled
in, above and around the drain, and thoroughly rammed and consolidated.
for a depth of at least 6' above the summit of the sockets of the
pipe, selected material, free from stones larger than will pass through a 2'
ring, shall be used in filling in the trench.
35 the floors of cock0houses, stables, cow-sheds, and the like, where
practicable, shall be elevated above the ground outside the dwelling, and be
provided with surface channels, passing out through the wall, the delivering
above a trapped gully, outside. when new drains are being laid and where
the floor is at the level of the ground outside, the surface-channel of the cook-
house shall be connected to a trap, outside the house, by a straight open
pipe, terminating above the water-level of the trap, which shall be accessible
and in free communication with the air.
36 the floors of cook-houses, latrines, privies, and backyards shall be
paved with some impervious and durable material, such as granite setts
or vitrified bricks, laid on a bed of good concrete not less than 4'
thick, and pointed with good mortar, or with good concrete laid in a bed
not less than 6' thick and rendered with cement, and shall have a
fall from the walls to the outlet of at least 1/2 an inch to the foot. 37 all surfaces of backyards and paved areas of premises, wherever
practicable, shall have a fall, from the walls of the building towards the trap
or inlet of the drain, at the rate of not less than 1/2 an inch to 1 foot, and such
inlet shall be placed as far from the walls as practicable.
38 one surfaces, such as backyards, court-yards, or other spaces, on
which slops are thrown, or from wich foul waters flow, shall be provided
with trapped connexions to the house drains, for the removal of such waters
as well as some of the rain-water. but such surfaces shall be properly paved,
in the manner prescribed for backyards and cook-houses, so that no sand or
silt may be washed into the drains from them.
39 wherever an outlet is available, surface channels shall be provided to
carry excessive rain-fall from premises, and these channels shall be properly
connected with the storm-water channel in the street. traps not less than
4' in diameter in connexion with the house-drain shall be placed in
this surface channel, which will carry off slops or sewage, as well as some
rain-fall.
40 rain-water shall be diverted from house-drains by means of surface
channels or otherwise, to the fullest extent practicable.
41 the rain-water from roofs, with slope towards enclosed court-yards
or backyards, may, if diversion to the surface channel is impracticable, be
received into the house-drain. but no ventilating pipe shall be used for the
conveyance of rain-water from the roof.
42 no person shall, where it can possibly be avoided, lay any pipe for
conveying sub-soil drainage in such manner or in such position as to communicate
direct with any sewer, cesspool, or drain used for the conveyance
or reception of sewage.
NOTE- It is important to exclude sewage-tainted air from the sub-soil. the connexions
of sub-soil drains to sewers, even if a trap is used, is objectionable, because
in dry weather the flow of the drain may cease and the water of the trap may dry up and
leave a free communication between the sewer and the sub-soil drain. the object of sub-
soil drainage is not only the removal of water, but the aeration of the sub-soil.
the mouths of such drains,
therefore, should be so placed that pure air can enter freely - a condition incompatible
with direct conexion with sewers or house-drains.
43 in every case where the course of a drain is diverted, any cesspool
previously existing, and into which such drain may have previously emptied,
shall be cleansed, deodorized, and filled with clean earth.
44 all drains or drainage works shall be built and carried out in all
respects in accordance with the provisions of the public health ordinance,
1901, and of these by-laws and of any that may be made hereafter, and if
no written notice as provided by by-law 1 has been given to the board by
any person about tp construct, re-construct, alter, or amend any drain on his
premises, and if, by such default, the board has had no opportunity of inspecting
and approving or disapproving of any such drain actually built and already covered in, it shall be lawfull for the board, on discovering the existence of
such drain or drainage works, to call upon the owner to open and
uncover the same for the purpose of inspection, and if such drain or works
proves or pove, on inspection, to be defective either in respect of design,
workmanship, or materials, it or they shall be deemed a nuisance and dealt
with as such.
45 all works connected with the construction of drains and drain-
connexions shall be carried out in strict accordance with the plans and
sections previously submitted to and approved by the sanitary surveyor or
with such amendments to such plans and sections as may have been required
by him, and such works shall be carried out in a proper and workmanlike
manner with the best materilas of their respective kinds, and shall be subject
during their progress to the continuous control and supervision of the officers
of the board appointed in that behalf, and shall be completed to the entire
satisfaction of the board.
46(1) whenever any private house-drain is about to be constructed or
re-constructed in the city of victoria, the board shall have power to reqire
the provision of a surface channel of approved materials and design, in lieu
of a covered drain, in any position in which a covered drain may appear to
be undersirable.
(2) waste pipes from buildings and surface channels from cook-houses,
stables, cow sheds, and the like shall discharge into such surface channel
without the intervention of a trap; but any communication between such
surface channel and a covered drain shall be by means of a trap.
PART XIII.
LATRINES.
1 every public latrine, together with its fittings; shall be kept at all times
in a thorough state of repari.
2 every public latrine shall be kept at all times in a cleanly condition.
3 while open to the public, every latrine shall have at least one able-
bodied adult attendant constantly on duty therein.
4 all the partitions, seats, floors, and channels of every public latrine, as
well as the utensils therein, shall be thoroughly scrubbed at least once every
day with such detergent and deodorant of such a strength as the board may
from time to time approve.
5 the whole of the interior walls of every public latrine shall be lime-
washed, and any fittings made of wood shall be tarred, at least once every
lunnar month.
6 fumigants of suchdescription as may approved of by the board
shall be kept burning in every latrine while it is open to the public. 7 the contents of soil pans in a public latrine shall be kept covered with
either earth, saw-dust, opium-packing, or such other suitable material as the
board may approve of.
8 the soil and urine collected in a public latrine shall be removed therefrom
daily by the public conservacy contractor, as provided for by the terms
and conditions of his contract.
9 every latrine open to the public before sunrise or after sunset shall be
at such times adequately lighted.
10 any building used as a public latrine shall not be used as a dwelling.
PART XIV
LAUNDRIES.
1 every public laundry shall be registered at the office of the board, and
every application for registrattion shall be made in the form appended to these
by-laws.
2 every public laundry shall be situated in a building which is lighted,
ventilated, drained, and paved in accordance with the requirements of the
publci health ordinance, 1901, and the by-laws made thereunder.
3 every public laundry shall at all times be kept in a cleanly condition,
and the inside surfaces of the walls thereof shall be lime-washed at least once
every year.
4 no persons, other than 2 caretaker, may occupy any building or part
of a building which is registered as a public laundry, between the hours of
11 pm. and 5 am., unels such persons are actively engaged in carrying on
the work of the laundry.
5 every public laundry shall be at all times open to inspection by the
members of the board or by any of its officers who may be directed to make
such inspection.
form of application.
I, the undersigned, hereby notify the sanitary board that I propose to
carry on the business of a public laundry on the premises known as No.
street, floor, and I request that the said premises
be duly registered as a public laundry.
dated the day of , 19 .
(signed)
applicant.
PART XV.
MEZZANINE FLOORS AND COCKLOFTS.
1 no mezzanine floor or cockloft shall be erected, or, if already existing,
be allowed to remain, without the permission in writing of the board. 2 no mezzanine floor cockloft shall be situated in any floor other than
the ground or the top floor of the building.
3 no mezzanine floor or cockloft shall be erected, or, if already existing,
be allowed to remain, except in a building which is constructed, ventilated,
lighted, and maintained in a sanitary condition, to the satisfaction of the
board.
4(1) no mezzanine floor or cockloft shall extend over more than one-
half of the floor area of the room, and every mexxanine floor cockloft shall
have a clear space below every part of it of not less than nine feet measured
vertically.
(2) no mezzanine floor or cockloft shall obstruct any doorway or window
situated in an external wall.
5 the space above a mezzanine floor or cockloft shall not be used for
sleeping purposes, unless such space measures an average of not less than 9'
vertically.
6 the space above the below a mezzanine floor or cockloft shall not be
enclosed except by wire netting, lattice work, or carved woodwork, arranged
in such a way as to leave at least 2/3 open, and, as far as practicable,
evenly distributed.
7 no mezzanine floor or cockloft shall be erected, or, if already existing,
be allowed to remain, in any room which contains one or more cubicles or
partitions.
8 no cubicle or partition shall be erected, or, if already existing, be
allowed to remain, on any mezzanine floor or cockloft.
9 no mezzanine floor or cockloft shall be erected, or, if already existing,
be allowed to remain, in any kitchen:
provided that any existing mezzanine floor or cockloft, for which a permit
in writing has been issued by the board in accordance with government
notifications 373 and 407 of 1985, shall be allowed to remain, subject to the
conditions of such permit.
PART XVI.
NIGHT-SOIL CARRIERS.
1 the removal of excretal matters from premises, other than those from
which such matters are removed by the night-sil contractor, shall be carried
out by night-soil carriers registered by and holding a licence from the board.
2 licences shall be issued in the first instance to the existing private
night-soil carriers, and no additional licences shall be granted unless and
until the necessity for their issue has been shown to the satisfaction of the
board.
3 licences to night-soil carriers shall be issued annually, and shall
expire on the 31st of december of the year in which they are issued. 4 licences shall be issued free of charge. in the event of the loss of a
licence, a duplicate shall be issued on payment of a fee of 25 cents.
5 every night-soil carrier licensed under these by-laws shall, for the
purposes of his work, use a bucket of such pattern as may from time to time
be approved by the board.
6 every night-soil carrier licensed under these by-laws shall remove at
least once in every 24 hours all excretal matters from the premises from which
he has undertaken to remove such matters.
7 no night-soil carrier shall who is convicted of a 2nd offence
against these by-laws shall forfeit his licence, in addition to any penalty
which may be inflicted under the public health ordinance, 1901.
PART XVII.
NOTIFICATION OF INFECTIOUS DISEASES.
1(1) if any inmate of any premises is suffering from small-pox,
bubonic plague, cholera, diphtheria, scarlet sever, typhus fever, enteric fever,
relapsing fever or puerperal fever, and if such inmate is under the care of
a legally qualified and registered medical practitioner, the said medical practitioner
shall forthwith furnish the medical officer of health with a notification
thereof in writing, stating the name of such inmate and the situation of
such premises.
(2) such legally qualified medical practitioner shall be entitled to receive,
on application to the secretary of the board, the sum of $1 for each and
every such notification.
2 if any inmate of any premises is suffering from small-pox, bubonic
plague, or cholera, and if such inmate is not under the care of a legally
qualified and registered medical practitioner, the occupier or keeper of such
premises or part of such premises, or, in default of such occupier or keeper,
the nearest male adult relative living on such remises, or, in default of such
occupier, keeper, or relative, any person in charge of or in attendance on the
sick person, shall, on the natuure of the disease becoming known to him or on
suspicion of the existence in such inmate of any such disease, forthwith notify
the same to the medical officer of health or the officer in charge of the
nearest police station, who shall, immediately on receipt thereof, transmit
the information to the medical officer of health.
3 no notification which contains any false information shall be deemed a
notification as required by these by-laws, unless the person notifying proves
that he believed, and had reasonable grounds for believing, such false information
to be true. 4 the secretary of the board shall, on application, furnish every medical
practitioner in the colony and every officer in charge of a police station with
the printed forms of notificaation to be used.
5 all person knowing or having reason to believe that any person has
been attacked by or is suffering from small-pox, bubonic plague, cholera, or
from such other epidemic, endemic, or contagious disease as may from time to
time be duly notified in the gazette, shall notify the same without delay
to any officer on duty at the nearest police station or to some officer of the
sanitary board, and any such officer receiving any such notification, whether
verbal or written, or discovering any such case, shall notify the same with
the least possible delay to the medical officer of health, and may detain
such person or remove him to a public hospital until he can be examined by
the medical officer of health or by some legally qualified and registered
medical practitioner.
PART XVIII.
OVERCROWDING.
1 the medical officer of health, or such other offer as the board may
appoint for the purpose, shall, within such limits as the board may from time to
time define, cause to be measured the floor area and cubic capacity of all domestic
buildings or parts thereof, and shall cause to be calculated the nmber of
occupants that may lawfully pass the night in such buildings or any parts
thereof in accordance with the provisions of the public health ordinance,
1901, and shall cause such number, in english and chinese, to be fixed to such
buildings or parts thereof in such manner as the board may from time to time
direct.
PART XIX.
OFFENSIVE TRADES.
1 it shall not be lawful to carry on the trade of bone-boiling, the the trade of
tallow-melting, or the trade of fat-melting or fat-extracting in any premises not
hitherto used for carrying on such trades, until such premises have been
approved by the board as being situated in a suitable locality and as being
suitable for the purposes of such trades.
2(1) the trade of bone-boiling, the trade of tallow-melting, and the trade
of fat-melting or fat-extracting shall only be carried on in premises that are
substantially built, and such premises shall be drained in accordance with the
provisions of the public health ordinance, 1901, and the by-laws made
thereunder.
(2) the ground surfaces of such premises shall be paved with good concrete
laid down at least six inches thick, and the surface thereof shall be
rendered smooth and impervious with asphalt, portland cement, or such other
material as the board may approve of. (3) the interior surfaces of all walls, which must be substantially built of
brick or stone, as well as the surfaces of the brick or stone supports for the
pans, etc., shall be rendered smooth and impervious, to the height of at least
7 ft from the floor level, with asphalt, portland cement, or such other
material as the board may approve of.
(4) all such premises shall be provided, to the staisfaction of the board,
with proper and adequate urinal privy accommodation for the use of the
workmen employed thereon.
3 every bone-boiler, tallow-melter, fat-melter, or fat-extractor shall cause
all materials which have been received upon the premises where his trade is
carried on, and which are not immediately required for boiling, melthing, or
extracting, to be stored in such manner and in such a situation as to prevent
the emission of noxious or injurious effluvia therefrom.
4 every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall cause
such portions of the internal surface of every wall upon the premises where
his trade is carried on as have not been rendered impervious with suitable
material to be thoroughly cleansed, and, after being so cleansed, to be the
roughly washed with hot lime-wash, during the months of march and october
in each year.
5 every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall, at
the close of every working day, cause all fat, tallow, grease, refuse, or filth
which has been spilled or splashed, or has fallen or been deposited, upon
any floor, pavement, or wall upon the premises where his trade is carried
on to be collected therefrom by scraping or some other effectual means of
cleansing, and, unless it is intended to be subjected to further trade processes
on the premises, forthwith removed from the premises. all apparatus must
be kept in a cleanly and wholesome condition.
6 every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall cause
every part of the internal surface of the walls and every floor or pavement
upon the premises where his trade is carried on to be kept at all times in
good order and repair, so as to prevent the absorption therein of any liquid
filth, or refuse, or any noxious or injurious matter which may be splashed or
may fall or be deposited thereon.
7(1) every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall
adopt the best practicable means of rendering innocuous all vapours emitted
during the process of such boiling, melting, or extraction, upon the premisses
where his trade is carried on.
(2) he shall, in every case, either cause the vapour to be discharged into
the external air in such a manner and at such a height as to admit of the
diffusion of the vapour without noxious or injurious effects, or he shall cause
the vapour to pass directly from the pan or press through a fire, or into
a suitable condensing apparatus and then through a fire in such a manner
as effectually to consume the vapour or to deprive the same of all noxions
or injurious properties. 8 no person, other than a caretaker, shall be allowed to pass the night in
any of the rooms used as work rooms, unless actually engaged in carrying on
work connected with the trade.
9(1) every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall
cause every drain or means of drainage upon or in connexion with the premises
where his trade is carried on to be maintained at all ties in good order
and efficient action.
(2) he shall, where it is necessary in the opinion of the board, provide the
drains on his premises with the appliance known as a 'grease-trap,' and shall
not pass or permit to be passed any hotliquid refuse(i.e., above 110^ fahr.)
into the drains and sewers.
10 every bone-boiler, tallow-meleter, fat-melter, or fat-extractor shall at
all times afford free access to every part of the said premises to the members
and officers of the board, the latter being duly authorized to enter and inspect
such premises.
11 the owners of all premises at present used for the purpose of carrying
on the trade of bone-boiling, the trade of tallow-melting, or the trade of fat-
melting or fat-extracting, and intended to be so used in future, shall register
annually, during the month of january, such premises, at the office of the
board, in the form required, and no person will be permitted to carry on
such trade within the said premises without a certificate from the board
that the requirements of the preceding by-laws have been complied with.
12 in the case of all premises, other than those hitherto used for the purpose
of carrying on the trade of bone-boiling, the trade of tallow-melting, or
the trade of fat-extracting, no person shall carry on any or all
of the above trades in such duly register at the office of the board, in the
form required, such premises annually in the month of january, during the
period in which it is intended to carry on any or all of the above-mentioned
trades.
PART XX.
OPIUM DIVANS.
1 the following expression, as used in these by-laws or in any by-law
amending or substituted for the same, shall, unless inconsist with the context,
have and include the meaning hereinafter set against it; that is to say,
'the keeper of an opium-smoking divan' means the person whose name
appears in the register kept by the registrar general, in accordance with
section 8 of the regulation of chinese ordinance, 1888, as the householder
of any building which is occupied or used as an opium-smoking divan, or,
where a portion only of any building is os occupied or used and is rented
for, any period not less than 1 month, then the person whose name appears
in the said register as renting such portion of the said building. 2 the board shall cause every building or portion of a building which
is occupied or used as an opium-smoking divan to be inspected from time
to time by one or more of its officers, in order to ascertain the sanitary
condition thereof.
3 the keeper of an opium-smoking divan shall not permit his premises
to be occupied between the hours of midnight and 5 am by a greater
number of persons than such as will allow for each adult not less than 30 sq
ft of habitable floor space or superficial area and 400 cubic ft of
clear and unobstructed air space.
4 the keeper of an oium-smoking divan shall cause the windows and
ventilating openings of his premises to be kept at all times free from obtstruction,
and shall daily open the windows to such an extent and at such times
as may be necessary for the efficient ventilation of the premises, unless prevented
by inclement weather or by the illness of any person occupying the
said premises.
5 the keeper of an opium-smoking divan shall cause the internal walls
and ceilings of every part of his premises to be throghly cleansed and
lime-washed during the 6th and 12th months of the chinese year.
6 the keeper of an opium-smoking divan shall at all times keep his
premises in a clean and wholesome condition, and shall cause all filth and
house refuse or other offensive matter to be removed from his premises daily.
7(1) the keeper of an opium-smoking divan shall, without delay, report
at the office of the board every case of serious illness which may occur
upon his premises, and, if such case proves to be of a contagious nature, he
must afford every facilitly for the removal of the sick person, and must adopt
all such precautions as the medical officer of health or other duly authorized
officer of the board may direct.
(2) for the purposes of this by-law, any officer in possession of instructions
in writing, signed by the medical officer of health or by the secretary
of the board, shall be deemed to be duly authorized.
PAART XXI.
POISONS.
1 all the articles named or referred to in the list heeto annexed, both
in part I and part II, are poisons within the meaning of these by-laws.
2 no poison mentioned in either part of the list hereto annexed shall
be sold by retail, unless such posion, or the vessel, wrapper, or cover in
which it is contained, is distinctly labelled with the name of the article, the
word 'Poison,' in both english and chinese characters, and the name and
address of the seller. 3 no poison included in part I of the list hereto annexed shall be sold
by retail to any person unknown to the seller, unless introduced by some
person known to the seller; and on every sale of any such article the seller
shall, before delivery, make or cause to be made an entry in a book, to be
kept for that purpose, of-
(1) the date of sale;
(2) the name and address of the purchaser;
(3) the name and quantity of the article sold; and
(4) the purpose for which it is stated to be required;
to which the signature, chop, or mark of the purchaser, and of the person,
if any, who introduced him, shall be affixed.
NOTE - these requirements are in addition to those contained in by-law 2.
4 no arsenic or any of its prepartions shall be sold by retail, unless the
following provisions are also observed:-
(1) that the poison, if clourless, is mixed with soot or indigo, so as to
colour it;
(2) that the person to whom the poison is sold or delivered is apparently
not less than 16 years of age;
(3) that the occupation, as well as the name and address, of thepurchaser
is entered in the 'poison-book;' and
(4) that when the purchaser is not known to the seller, and is introduced
by some person known to both, this person shall be present as a witness
to the transaction, and shall enter his name and address in the 'poison-
book.'
NOTE- These requirements are in addition to those contained in by-laws 2 & 3.
5 in the case of persons who cannot write or speak english, the entries,
labels, and signatures reuired as above may be made in the language with
which such persons are acquainted: Provided always that the word 'poison,'
as required in by-law 2, must appear upon the label in both english and
chinese characters.
6 none of the preceding by-laws apply to any article when forming
part of theingredients of any medicine dispensed by-
(1) any chemist and druggist duly qualified under the english pharmacy
act, 1868; or
(2) any person who has previously proved, to the satisfaction of the
governor, that he possesses a similar qualification or has passed through
a course of study and examination as thorough and sufficient as the
minmum course of study and examination required ofr registration
under the said pharmacy act; or
(3) any person at persent in practice as a chemist and druggist who has
previously proved, to the satisfaction of the governor, that he is competent
to dispense poisons; or
(4) a medical practitioner duly registered under the medical registration ordinance in force for the time being in the colony, or entitled to the
benefit of section 20 of the medical registration ordinance, 1884:
provided that, if the medicine contains a poison included in either part of
the list hereto annexed, the ingredients of the medicine, together with the
name of the person to whom it is sold or delivered, are entered i na book kept
for that purpose ('prescription-book'), and that the name and address of
the seller are attached to the medicine.
NOTE- By the public health ordinance, 1901, any person who contravences any provisions
of any of the above by-laws is liable to a penalty not exceeding $50 or, in details
of payment, to imprisonment, with or without hard labour, for any term not exceeding
3 months.
LIST OF POISONS.
PART I.
Not to be sold unless the purchaser is known to, or is introduced by some
person known to, the seller;
also
entry to be made in 'poison-book' of-
1 date of sale;
2 name and address of purchaser;
3 name and quantity of article sold;
4 purpose for which it is wanted;
attested by signature;
and
must be labelled with-
1 name of article.
2 the word 'poison.'
3 name and address of seller.
aresenic, and its preparations (see also special regulations under by-law 4);
acontite, and its preparations;
alkaloids - poisonous vegetable alkaloids and their salts;
atropine, and its preparations;
cantharides;
corrosive sublimate;
cyanide of potassium, and all metallic cyanides and their pareparations;
emetic tartar;
ergot of rye, and its preparations;
prussic acid, and its preparations;
savin, and its oil;
strychnine, and its preparations;
vermin killers, if preparations of poisons the preparations of which are in
part I of this list; datura alba, and its preparations;
gelsemium elegans, and its preparations; and
orpiment.
PART II.
must be labelled with-
1 name of article.
2 the word 'poison.'
3 name and address of seller.
almonds, essential oil of (unless deprived of prussic acid);
belladonna, and its preparations;
carbonic acid;
chloroform;
chloral hydrate, and its preparations;
morphia, preparations of;
nux vomica, and its preparations;
oxalic acid;
precipitate, red (red oxide of mercury);
precipitate, white (ammoniated mercury);
vermin killers (see part I); compounds containing 'poisons' prepared
for the destruction of vermin, if not subject to the provisions of part I,
are in part II.
PART XXII.
REMOVALL OF RATIENTS.
(infectious diseases.)
1(1) the board, by its officers, may provide for the removal of, and may
remove to the hygeia, the government civil hospital, the kennedy town
hospital, or other appointed place, any person suffering from small-pox,
bubonic plague, cholera, or such other epidemic, endemic, or contagiuos
disease as may from time to time be duly notified in the gazette.
(2) no removal shall take place except under the orders of the board, or
of one of its officers, or of a legally qualified and registered medical practitioner,
and then only in such manner and with such precautions as the
board may from time to time direct.
(3) no such removal, however, shall take place if the medical officer of
health or any legally qualified and registered medical practitioner certifies
that such person is being lodged and cared for without danger to the public
health. 2(1) the board may remove or cause to be removed for burial or
cremation all bodies found in the colony of persons who have died from any
of the diseases specified in the last preceding by-law, and may bury or crements,
or cause the same to be buried or cremated, in accordance with the custom of
the race to which the deceased belonged, in such place and in such manner
and with such precautions as the board may from time to time direct.
(2) no person, unless acting under the written sanction or direction of
the secretary of the board or of the medical officer of health to bury or
cremate, shall remove or bury or cremete any such bodies.
3 on receipt of a certificate from a legally qualified medical practitioner
that any person suffering from diphtheriea, scarlet fever, enteric fever, relapsing
fever, puerperal fever, measles, whooping cough, or such other infectious
disease as may from time to time be defined by the board, by resolution, for
this purpose, is imporperly lodged, the medical officer of health shall, in case
the said person is unwilling to be removed forthwith, apply to a magistrate
for an order for the removal of such person under the provisions of the public
health ordinance, 1901.
4 when any person suffering from any of the diseases specified in the last
preceding by-law is willing to be removed to a hospital or other suitable
place, the medical officer of health shall, with the assent of the patient, take
such measures as he may deem necessary for the safe and convenient removal
of the patient.
PART XXIII.
SCAVENGING AND CONSERVANCY.
1 the general surface scavenging of the city of victoria, the hil districts,
and the large villages in the colony, and the removal of night-soil and
cognate matters from the hill districts, public builings, and free and licensed
latrines, shall be carried out by contractors in accordance with the terms and
conditions of the contracts for the time being in force.
2 the servants of the various public sanitary contractors shall, while at
work, wear such distinguishing badge as may from time to time be directed
by the board.
3 except between the hours of 1 am and 6 am, the conveyance of
excretal matters along any public road or street is prohibited.
4 except between the hours of midnight and 9 am, the conveyance of
pig-wash or other noxious or offensive waters along any public road or street
is prohibited.
5 except in strong substantial buckets with closely fitting covers, the
conveyance of excretal matters, pig-wash, or offensive waters along any public
road or street is prohibited. 6 the occupier of any premises, or, if there is no occupier, the immediate
landlord, shall make due provision for the daily removal of all excretal matters
and house refuse from his premises to the conservancy-boats, and dust-carts,
dust-bins, or dust-boats:
7 occupiers shall provide themselfves with strong substantial movable
dust-bins for the reception of the days' house refuse.
PART XXIV.
STREETS (PRIVATE), OBSTRUCTION OF.
1(1) no street over land held under lease from the crown upon which
any domestic buildings abut shall, without the permission in writing of the
board, be obstructed by the erection or fixture at any elevation of any
structure or object of any kind whatsoever, whether temporary or permanent,
which may, in the opinion of themedical officer of health or such other
officer as may be appointed by the board for that purpose, prejudicially affect
the health of any of the inmates of any of such buildings, or, if such street
is already partially so abstructed, it shall not be further so obstructed, without
such permission in writing: provided always that, in the event of such
permission being refused by the board, the owner of any such street shall have
the right of appeal to a magistrate, who shall take evidence upon oath thereon,
and who, if satisfied that the proposed obstruction will not prejudicially affect
the health of any of the inmates of such buildings, may grant permission to
erect such obstruction.
(2) every person who contravenes this by-law shall, on conviction thereof,
be liable ot a penalty not exceeding $25 for each contravention,
and any refusal or omission after conviction to remove the illegal structure or
object shall be deemed a fresh contravention of this by-law.
PART XXV.
WATER-CLOSETS.
1 every person who constructs a water-closet in a building shall construct
such water-closet in such a position that one of it sides, at least, shall be
against an external wall.
2 every water-closet shall be constructed in accordance with the requirements
of any building ordinance for the time being in force relating to
privies.
3(1) every person who constructs a water-closet shall furnish such
water-closet with a separate cistern or flushing box. such cistern or flushing
box shall be so constructed, fitted, and placed as to admit of a supply of water
to such closet pan, basin, or other receptacle of not less than 2 gallons or more than 3 gallons each time such pan, basin, or other receptacle is
used.
(2) such cistern or flushing box shall in every case, except where it is in
connexion with a valve closet, be of the type known as the water waste
preventor.
(3) such cistern shall be provided with a suitable ball-cock fixed on the
supply pipe, and it shall be furnished with an overflow pipe carried through
the external wall of the water-closet and terminating in a conspicuous place.
4(1) every person who constructs a water-closet shall furnish such
water-closet with a suitable apparatus for the effectual application of water
to any pan, basin, or other receptacle with which such apparatus may be
connected and used, and for the effectual flushing and cleansing of such pan,
basin, or other receptacle, and for the prompt and effectual removal therefrom
of any solid or liquid filth wich may from time to time be depoisted therein
(2) he shall furnish such water-closet with a pan, basin, or toher suitable
receptacle of non-absorbent material, and of such shape, capacity, and mode
of construction as to receive and contain a sufficient quantity of water, and
to allow of all filth which may from time to time be deposited in such pan,
basin, or other receptacle to fall directly into the water received and contained
in such pan, basin, or receptacle.
(3) such pan, basin, or receptacle shall be provided with a suitable trap,
having a water seal of not less than one and a half inches.
(4) he shall not construct of fix under such pan, pan, basin, or other receptacle
any container or other similar fitting.
(5) he shall not construct or fix in or in connexion with the water-closet
apparatus any trap of the kind known as the D trap.
5 no water-closet apparatus, pan, pan, basin, or other receptacle shall be
directly connected with any water service pipe.
6 no flush-pipe connecting any water-closet apparatus with the cistera
shall be less than 1 and a quarter inches in diameter.
7 all water-closet apparatus, pan, pan, basin, or other receptacle shall be so
fixed as to require no casing in and shall not be so cased in.
8(1) every person who constructs a water-closet shall provide an efficient
soil-pipe of cast iron or stone-ware securely fixed to the wall in the manner
described for ventilating and fall pipes; and such soil-pipe shall be at least
4' in diameter, and shall be properly connected to the drain at the
foot, and it shall be carried up without diminution and terminate i nan oen
end at least 2 and a half ft in height above the eaves of the building and
10 ft distanct from any window.
(2) such soil-pipe, if of iron, shall be securely jointed with yarn and lead,
and, if of stone-ware, it shall be jointed with yarn and cement, and protected
at its lower end to a height of 15 ft with a casing of brackwork or iron.
(3) every soil-pipe shall be provided with proper junctions for connecting
with the water-closet pan, pan, basin, or other receptacle, the trap of which shall
be connected in a sound and substantial manner.
(4) no soil-pipe shall receive any waste-pipe other than that from a water-
closet apparatus or urinal, and no trap shall be fixed in any portion thereof.
(5) every soil-pipe, wherever practicable, shall be fixed throughout its
santire length outside the building.
9 when more than one water-closet, pan, basin, or other receptacle are connected
with a soil pipe, the trap of each and every such pan, basin, or other receptacle
shall be provided with an air-pipe not less than one and a quarter inches in
diameter, which shall be carried up throughout its entire length outside the
building and connected to the soil-pipe above the uppermost connexion or
finish 2 and a hlaft ft above the eaves of the building.
10 all joints, pipes, fittings, and apparatus in connexion with any water-
closet shall be perfectly water and air-tight, and fixed to the satisfaction of
the sanitary surveyor.
THE SECOND SCHEDULE.
RULES FOR THE ELECTION BY THE RATEPAYERS OF MEMBERS
OF THE SANITARY BOARD.
1 elections shall take place at such time and place as shall be previously
notified, by command of the governor, in the gazette.
2 the registrar of the superme court (hereinafter termed the registrar)
shall, in accordance with any such notification, summon to an election the
persons by law entitled to vote at such election, and shall preside at the
section.
3 the name of every candidate must be proposed in writing by one
elector and seconded by another.
4 no elector shall give more than one vote.
5 the voting shall be by ballot.
6 the name of every elector voting must be recorded.
7 the ballot box must be opened and the votes counted in the presence
the electors present.
8 candidates, as such, are not disqualified from voting.
9 in the event of 2 candidates having an equal number of votes, only
of whom can be elected, their names must be submitted to another ballot.
10 as to any matters connected with the order of proceeding not hereby
provided for, the registrar shall take such order as he thinks fit. 11 the registrar shall make a return of the election to the governor as
soon as conveniently may be after the election. the return must be accompanied,
for the governor's information, by-
(1) a list of the electors present at the meeting;
(2) a list of the candidates, with the names of their proposers and
seconders;
(3) a list of voters; and
(4) a statement of the number of votes given for each candidate.
THE THIRD SCHEDULE.
NOTICE RELATING TO NUISANCE.
To
notice is hereby given to you, on behalf of the sanitary board, that the
nuisance specifed hereunder is found to exist in your premises No. , and
that you are therefore hereby required, within * from the
time of service on you of th present notice, to abate such nuisance in the
manner hereunder set forth.
dated the day of , 19 .
by order of the sanitary board,
(signed.)
secretary.
nature of nuisance.......................................
action to be taken for abatement of nuisance...............
*NOTE- Here insert period of time allowed.
A.D. 1901. Ordinance No. 13 of 1901, with Ordinances No. 23 of 1901 and No. 29 of 1901 s. 15 incorporated. Short title. Interpretation of terms. Enactment of By-Laws and continuance of existing officers. First Schedule. Constitution of Sanitary Board. Making of rules for election of members. Second Schedule. Appointment of President and Vice-President, etc. Appointment of substitute members. Vacancies not to affect constitution. Meetings, quorum, and chairman. Making of standing orders, and appointment of select committees. Delegation of powers to select committees and to Medical Officer of Health. Powers of President and Vice-President. Making of by-laws. Approval and publication of by-laws. Appointment, status, salaries, and duties of members of sanitary staff. Evidence of appointment of officer. Power of Medical Officer of Health, etc., to enter and inspect premises with notice. Power to Medical Officer of Health, etc., to enter and inspect premises without notice. General power of officers to inspect buildings. Power of officer to inspect domestic building with reference to overcrowding. Power of member or officer to enter shop and seize food unfit for human use, and disposal thereof. Penalty for assulting, etc., member or officer in execution of duty, etc. Enumeration of nuisances liable to be dealt with summarily. Power to authorize entry and inspection of premises with reference to nuisance. Penalty for refusing admittance to inspecting officer. Service of notice requiring abatement of nuisance. Service of notice directing compliance with by-law, and taking of proceedings without notice. Review of notice under s. 26 or s. 27. Making of complaint for non-compliance with notice. Power to Magistrate to make order dealing with nuisance. Power of Magistrate to make order prohibiting use, etc., of building unfit for human habitation. Penalty for contravention of order of Magistrate, and for defacing copy of order. Form of notice. Third Schedule. Mode of service of notice or order. Removal of person suffering from contagious or infectious disease. Prohibition of keeping cattle, etc., without licence, etc. Appointment, notification, and use of Chinese cemeteries. Enumeration of authorized cemeteries. Power to Governor-in-Council to close cemetery. Obligation on owner of new building in Victoria in respect of drains. Mode of carrying out works connected with house-drains. Power to require owner of existing building to construct new house-drain, etc. Drainage of group of buildings. Power to require owner of building to connect drains with public sewer. Power to inspect and reconstruct drains. Obligation on owner of new building in village or rural district in respect of drains. Nature of house-drain in village or rural district. Nature of house-drain in isolated place. Prevention of stagnant water. Closing and filing up of insanitary well. Provision of open space between new building and hill-side in case new Crown lot. Provision of subsoil drainage in case of open space made under s. 51.Prohibition of structure in area, etc. Provision of backyard in new building on new Crown lot. Provision of open space in rear of existing building. Regulation of open spaces in rear of new buildings. No. 6 of 1889. Prohibition of habitation, without permission, of kitchen, etc. Prohibition of construction, without permission, of water-closet or urinal. Provision of privy accommodation in factory, etc. Prohibition of erection, without permission, of public latrine. Application by Board for public latrine. Notification of intention to erect public latrine. Making of objections to erection. Resolution of Legislative Council where object is made. Barring of injunction and action in respect of erection, etc., in certain cases. Immunity of existing Government public latrines. Control and management of latrines, etc. Saving of rights and powers of Government. Regulation of windows in new building. Requirements as to cubicles and partitions. Regulation of mezzanine floors and cocklofts. Prohibition of habitation of domestic building until impermeable floor provided or permission granted. Injuries to impermeable material over ground surface. Paving of area and basement story. Definition of overcrowding. Prohibition of overcrowding. Proceedings to be taken for abatement of overcrowding. Prohibition of common kitchen being used as sleeping room. Calculation of cubic space in case of children. Limit of fittings for sleeping accommodation. Prohibition of keeping common lodging-house unless registered and licensed. Penalty for making false statement in application relating to common lodging-house. Access of officer of Board to common lodging-house. Approval of new domestic building before occupation. Maintenance and lighting of private back street. Maintenance and lighting of street on private land not within s. 85. Reimbursement of expenses incurred by Board. Mode of recovery of expenses. No. 6 of 1875. Definition of contravention of the Ordinance or of by-law. Penalty for contravention where no other penalty specially provided. Mode of recovery of penalties. No. 3 of 1890. Proceeding against several persons. Closure of premises. Ordering demolition, etc., of illegal structure. Mode of giving certificate, etc., and effect thereof as evidence. Exclusion of New Territories, except New Kowloon. Exclusion of Hill District from certain sections. Restriction on application of ss. 72 and 73. Section 3. Annual registration. Paving of ground surface. Supply of water. Drainage. No. 10 of 1901. Prohibition of water-closet, etc. Cleanliness. Prohibition of keeping of animal. Prohibition of employment of sick person. Inspection during baking hours. Prohibition of habitation. Approval and registration of premises before use. By-Law 1. Conditions for habitation of cellar, etc. Conditions for occupation of cellar, etc., as shop. Annual licence for keeping of cattle, etc. Application for licence. Description of building for keeping of cattle, etc. Area and air-space for cow. Area and air-space for sheep, goat, and pig. Cleanliness. Restriction on use of licensed building. Inspection. Reporting of disease, etc. Cancellation of licence. Calculation of cubic space under By-Law 4. Calculation of cubic space under By-Law 5. Supply of water. Inspection. Numbering of graves. Register of burials. Depth of grave. Number of corpses in grave. Space between graves. Covering of grave. Re-opening of grave. Notice of interment. Laying out of cemetery. Plan of cemetery. Nature of plan. Register of burials. Number of corpses in grave. Covering of grave. Re-opening of grave. Fees for grave-spaces and interments. Keeping of register. Form No. 1. Application for registration. Form No. 2. Inspection of house by Board. Conditions of registration. Registration. Application for licence as keeper. Issue of licence. Reduction in number of lodgers. Restriction on number of occupants in night time. Separation of sexes. Maintenance of order and register of lodgers. Opening of windows. Cleansing and lime-washing. Cleanliness and repairs. Removal of filth. Duty of keeper in case of infectious, etc., disease occurring. By-law 1. By-law 2. Material for covering ground surface of domestic building. Material for covering floor of area, etc. Fall for ground surface of cook-house, etc. Definition of dairy. Annual registration and application therefor. Paving of ground surface. Prohibition of habitation. Prohibition of keeping of animal. Drainage. No. 10 of 1901. Prohibition of water-closet, etc. Cleanliness. Inspection. Approval and registration of buildings before use. By-Law 2. Fee for each head of cattle. Water, food, and attendance for cattle, etc. Conditions of removal of cattle, etc. Interpretation of terms. Disinfection and purification of infected premises. Cleansing and disinfection of building in which person has been ill or has died of bubonic plague, etc. Removal and disinfection of articles of clothing, etc., in certain cases. Destruction of bedding, etc., in certain cases. Disinfection of receptacles for excremental matter. Closing of building certified to be unfit for human habitation. Making of house to house visitation for inspection of sanitary condition of premises, and proceedings thereon. General duty of occupier as to cleanliness and ventilation. Removal of excremental matter. Removal of refuse. Power to require cleansing and lime-washing. Cleansing and lime-washing of houses occupied by members of more than one family. Authority of Inspector of Nuisances to enter and inspect premises in order to ascertain their sanitary condition. Authority to enter building in order to ascertain its condition as to over-crowding. Restriction on authority to enter building with reference to overcrowding. Preliminary and cautionary observations. Object of house-drain. House-drain to be self-cleansing. Use of water for cleansing purposes. Principal point in design of house-drain. Conditions of speed of stream in pipe. Best size of pipe for house-drain. Difficulties in estimating proper size of house-drain. Minimum size of house-drain. Objections to use of large house-drain. Desirability of exclusion of rain-water from house-drain. Carrying off of rain water in house-drain. Sic. Proper inclination in house-drain. Necessity of ventilation of house-drain. Position of ventilating openings. Care to be taken in selecting position of lower ventilating opening. Importance of complete ventilation in certain cases. Avoidance of direct communication between interior of house and house-drain. Giving by owner or occupier of notice of intention to construct, etc. drain. Particulars of notice and of plan accompanying it. Notification of Sanitary Surveyor to owner or occupier of approval or disapproval of design submitted, and effect of approval. No. 10 of 1901. Protection of public in case of excavations for drainage works. Material and mode of construction of house-drain. Bedding of house-drain. Character of stoneware pipe. Disconnecting chambers. Composition of lime mortar used for man-hole. Composition of lime concrete used for encasing drain. Composition of cement mortar used for jointing of pipe, etc. Minimum diameter of main house-drain. Rule as to proper size of main house-drain. Rule as to fall of house-drain. Mode of making reduction of fall below standard grade. Requiring automatic flush tank in case of fall less than standard grade. Direction and grading of house-drain. Drain under building or in soft ground, etc. Prohibition of inlet to drain being inside building. Area of openings in grating on inlet to waste pipe, etc. Grating to trap or gully for removal of rain water. Position of trap at inlet to drain. Construction of traps. Prohibition of use of Bell-trap and D trap, etc. Ventilation of main house- drain at upper end. Ventilation of main house-drain at lower end. Exception as to ventilation of drain leading from single trap and not more than 60 ft. long. Fixing of ventilating and fall pipes. Construction and fixing of down-pipe for rain water. Construction of waste-pipe from bath, etc. Mode of discharge of waste-pipe and down-pipe. Prohibition of rain-water pipe being used as ventilating shaft. Prohibition of new drain or drainage works being covered up until inspected and passed by Board. Drain to be water and air tight. Construction of floor of cook-house, etc. Paving of floor of cook-house, etc. Fall for surface of back-yard, etc. Connexion with house-drain and paving of open surface. Provision of surface channel for excessive rain-fall. Diversion of rain-water from house-drain. Case of diversion being impracticable. Prohibition of pipe for subsoil drainage being connected with sewer, etc. Cleansing, etc., of cess-pool in case of diverted drain. Provision for ensuring control by Board of construction and carrying out of drainage works. No. 10 of 1901. Drainage works to be carried out in accordance with approved plans, etc. Power to require surface channel instead of covered drain in Victoria, etc. Repair. Cleanliness. Attendance. Scrubbing. Lime-washing and tarring. Fumigation. Covering of soil pans. Removal of soil and urine. Lighting. Prohibition of use as dwelling. Registration and application therefor. Character of building. No. 10 of 1901. Cleanliness and lime-washing. Prohibition of occupation in night time. Inspection. By-Law 1. Permission for erection or continuance. Allowance only on ground or top floor. Allowance only in approved building. Regulation of construction. Use for sleeping purposes. Restriction on enclosure of space above and below. Prohibition in case of room containing cubicle, etc. Prohibition of cubicle, etc. Prohibition in case of kitchen. Registration and licensing of night-soil carriers. Issue of licence. Duration of licence. Issue to be free of charge, except in case of duplicate. Pattern of bucket. Period of removal. Time for conveyance. Forfeiture of licence on second conviction. No. 10 of 1901. Notification by medical practitioner of case of small-pox, etc. Notification by occupier of premises, etc., of case of small-pox, etc. Case of notification containing false information. Furnishing of printed forms of notification. Obligation on all persons to notify case of small-pox, etc. Measuring, calculation, and notification of floor area and cubic capacity of domestic building. No. 10 of 1901. Prohibition of bone-boiling, etc., in premises not approved by Board. Construction of building used for bone-boiling, etc. No. 10 of 1901. Storage of materials. Cleansing and lime-washing of premises. Collection and removal of refuse and filth. Repair of internal walls, etc. Rendering vapours innocuous. Prohibition of occupation of premises. Drainage of premises. Access to premises by member or officer of Board. Registration of premises already used for bone-boiling, etc. Approval and registration of premises to be hereafter used for bone-boiling, etc. Meaning of expression 'the keeper of an opium-smoking divan.' No. 3 of 1888. Inspection. Restriction on number of occupants at night. Ventilation. Cleansing and lime-washing. Cleanliness. Duty of keeper to report case of serious illness. Enumeration of poisons. Conditions of sale by retail. Additional restrictions on sale by retail of poisons in Part I of List. Special provisions as to sale by retail of arsenic and its preparations. Entries, etc., in case of person unacquainted with English. Exemption of favour of certain persons. 31 & 32 Vict.c. 121. No. 1 of 1884. No. 10 of 1901. Removal of person suffering from small-pox, etc. Removal of body of person who had died of small-pox, etc., for burial or cremation. Removal of person suffering from diphtheria, etc., under the Ordinance. No. 10 of 1901. Removal of person suffering from diphtheria to hospital, etc. Surface scavenging of Victoria, etc., and removal of night-soil from Hill District, etc. Badge of servants of sanitary contractors. Time for conveyance of excretal matters. Time for conveyance of pig-wash, etc. Vessels for conveyance of excretal matters, etc. Provision for daily removal of excretal matter, etc. Provision of dust-bins. Prohibition of erection of structure obstructing street or land held under Crown lease, and penalty for contravention. Position in building. Construction. Provision, construction, etc., of separate cistern or flushing box. Furnishing of apparatus for application of water to pan, etc. Prohibition of apparatus being connected with water service pipe. Diameter of flush-pipe. Fixing of apparatus. Provision, construction, etc., of soil-pipe. Provision, construction, etc., in certain cases of air-pipe. Tightness and fixing of joint, etc. Section 5 Time and place of election. Summoning of electors, etc. Proposal and seconding of candidates. Vote of elector. Mode of voting. Recording of name of voter. Counting of votes. Right of candidate to vote. Second ballot, if votes equal. Order of proceeding. Return of election. Section 33.
Abstract
A.D. 1901. Ordinance No. 13 of 1901, with Ordinances No. 23 of 1901 and No. 29 of 1901 s. 15 incorporated. Short title. Interpretation of terms. Enactment of By-Laws and continuance of existing officers. First Schedule. Constitution of Sanitary Board. Making of rules for election of members. Second Schedule. Appointment of President and Vice-President, etc. Appointment of substitute members. Vacancies not to affect constitution. Meetings, quorum, and chairman. Making of standing orders, and appointment of select committees. Delegation of powers to select committees and to Medical Officer of Health. Powers of President and Vice-President. Making of by-laws. Approval and publication of by-laws. Appointment, status, salaries, and duties of members of sanitary staff. Evidence of appointment of officer. Power of Medical Officer of Health, etc., to enter and inspect premises with notice. Power to Medical Officer of Health, etc., to enter and inspect premises without notice. General power of officers to inspect buildings. Power of officer to inspect domestic building with reference to overcrowding. Power of member or officer to enter shop and seize food unfit for human use, and disposal thereof. Penalty for assulting, etc., member or officer in execution of duty, etc. Enumeration of nuisances liable to be dealt with summarily. Power to authorize entry and inspection of premises with reference to nuisance. Penalty for refusing admittance to inspecting officer. Service of notice requiring abatement of nuisance. Service of notice directing compliance with by-law, and taking of proceedings without notice. Review of notice under s. 26 or s. 27. Making of complaint for non-compliance with notice. Power to Magistrate to make order dealing with nuisance. Power of Magistrate to make order prohibiting use, etc., of building unfit for human habitation. Penalty for contravention of order of Magistrate, and for defacing copy of order. Form of notice. Third Schedule. Mode of service of notice or order. Removal of person suffering from contagious or infectious disease. Prohibition of keeping cattle, etc., without licence, etc. Appointment, notification, and use of Chinese cemeteries. Enumeration of authorized cemeteries. Power to Governor-in-Council to close cemetery. Obligation on owner of new building in Victoria in respect of drains. Mode of carrying out works connected with house-drains. Power to require owner of existing building to construct new house-drain, etc. Drainage of group of buildings. Power to require owner of building to connect drains with public sewer. Power to inspect and reconstruct drains. Obligation on owner of new building in village or rural district in respect of drains. Nature of house-drain in village or rural district. Nature of house-drain in isolated place. Prevention of stagnant water. Closing and filing up of insanitary well. Provision of open space between new building and hill-side in case new Crown lot. Provision of subsoil drainage in case of open space made under s. 51.Prohibition of structure in area, etc. Provision of backyard in new building on new Crown lot. Provision of open space in rear of existing building. Regulation of open spaces in rear of new buildings. No. 6 of 1889. Prohibition of habitation, without permission, of kitchen, etc. Prohibition of construction, without permission, of water-closet or urinal. Provision of privy accommodation in factory, etc. Prohibition of erection, without permission, of public latrine. Application by Board for public latrine. Notification of intention to erect public latrine. Making of objections to erection. Resolution of Legislative Council where object is made. Barring of injunction and action in respect of erection, etc., in certain cases. Immunity of existing Government public latrines. Control and management of latrines, etc. Saving of rights and powers of Government. Regulation of windows in new building. Requirements as to cubicles and partitions. Regulation of mezzanine floors and cocklofts. Prohibition of habitation of domestic building until impermeable floor provided or permission granted. Injuries to impermeable material over ground surface. Paving of area and basement story. Definition of overcrowding. Prohibition of overcrowding. Proceedings to be taken for abatement of overcrowding. Prohibition of common kitchen being used as sleeping room. Calculation of cubic space in case of children. Limit of fittings for sleeping accommodation. Prohibition of keeping common lodging-house unless registered and licensed. Penalty for making false statement in application relating to common lodging-house. Access of officer of Board to common lodging-house. Approval of new domestic building before occupation. Maintenance and lighting of private back street. Maintenance and lighting of street on private land not within s. 85. Reimbursement of expenses incurred by Board. Mode of recovery of expenses. No. 6 of 1875. Definition of contravention of the Ordinance or of by-law. Penalty for contravention where no other penalty specially provided. Mode of recovery of penalties. No. 3 of 1890. Proceeding against several persons. Closure of premises. Ordering demolition, etc., of illegal structure. Mode of giving certificate, etc., and effect thereof as evidence. Exclusion of New Territories, except New Kowloon. Exclusion of Hill District from certain sections. Restriction on application of ss. 72 and 73. Section 3. Annual registration. Paving of ground surface. Supply of water. Drainage. No. 10 of 1901. Prohibition of water-closet, etc. Cleanliness. Prohibition of keeping of animal. Prohibition of employment of sick person. Inspection during baking hours. Prohibition of habitation. Approval and registration of premises before use. By-Law 1. Conditions for habitation of cellar, etc. Conditions for occupation of cellar, etc., as shop. Annual licence for keeping of cattle, etc. Application for licence. Description of building for keeping of cattle, etc. Area and air-space for cow. Area and air-space for sheep, goat, and pig. Cleanliness. Restriction on use of licensed building. Inspection. Reporting of disease, etc. Cancellation of licence. Calculation of cubic space under By-Law 4. Calculation of cubic space under By-Law 5. Supply of water. Inspection. Numbering of graves. Register of burials. Depth of grave. Number of corpses in grave. Space between graves. Covering of grave. Re-opening of grave. Notice of interment. Laying out of cemetery. Plan of cemetery. Nature of plan. Register of burials. Number of corpses in grave. Covering of grave. Re-opening of grave. Fees for grave-spaces and interments. Keeping of register. Form No. 1. Application for registration. Form No. 2. Inspection of house by Board. Conditions of registration. Registration. Application for licence as keeper. Issue of licence. Reduction in number of lodgers. Restriction on number of occupants in night time. Separation of sexes. Maintenance of order and register of lodgers. Opening of windows. Cleansing and lime-washing. Cleanliness and repairs. Removal of filth. Duty of keeper in case of infectious, etc., disease occurring. By-law 1. By-law 2. Material for covering ground surface of domestic building. Material for covering floor of area, etc. Fall for ground surface of cook-house, etc. Definition of dairy. Annual registration and application therefor. Paving of ground surface. Prohibition of habitation. Prohibition of keeping of animal. Drainage. No. 10 of 1901. Prohibition of water-closet, etc. Cleanliness. Inspection. Approval and registration of buildings before use. By-Law 2. Fee for each head of cattle. Water, food, and attendance for cattle, etc. Conditions of removal of cattle, etc. Interpretation of terms. Disinfection and purification of infected premises. Cleansing and disinfection of building in which person has been ill or has died of bubonic plague, etc. Removal and disinfection of articles of clothing, etc., in certain cases. Destruction of bedding, etc., in certain cases. Disinfection of receptacles for excremental matter. Closing of building certified to be unfit for human habitation. Making of house to house visitation for inspection of sanitary condition of premises, and proceedings thereon. General duty of occupier as to cleanliness and ventilation. Removal of excremental matter. Removal of refuse. Power to require cleansing and lime-washing. Cleansing and lime-washing of houses occupied by members of more than one family. Authority of Inspector of Nuisances to enter and inspect premises in order to ascertain their sanitary condition. Authority to enter building in order to ascertain its condition as to over-crowding. Restriction on authority to enter building with reference to overcrowding. Preliminary and cautionary observations. Object of house-drain. House-drain to be self-cleansing. Use of water for cleansing purposes. Principal point in design of house-drain. Conditions of speed of stream in pipe. Best size of pipe for house-drain. Difficulties in estimating proper size of house-drain. Minimum size of house-drain. Objections to use of large house-drain. Desirability of exclusion of rain-water from house-drain. Carrying off of rain water in house-drain. Sic. Proper inclination in house-drain. Necessity of ventilation of house-drain. Position of ventilating openings. Care to be taken in selecting position of lower ventilating opening. Importance of complete ventilation in certain cases. Avoidance of direct communication between interior of house and house-drain. Giving by owner or occupier of notice of intention to construct, etc. drain. Particulars of notice and of plan accompanying it. Notification of Sanitary Surveyor to owner or occupier of approval or disapproval of design submitted, and effect of approval. No. 10 of 1901. Protection of public in case of excavations for drainage works. Material and mode of construction of house-drain. Bedding of house-drain. Character of stoneware pipe. Disconnecting chambers. Composition of lime mortar used for man-hole. Composition of lime concrete used for encasing drain. Composition of cement mortar used for jointing of pipe, etc. Minimum diameter of main house-drain. Rule as to proper size of main house-drain. Rule as to fall of house-drain. Mode of making reduction of fall below standard grade. Requiring automatic flush tank in case of fall less than standard grade. Direction and grading of house-drain. Drain under building or in soft ground, etc. Prohibition of inlet to drain being inside building. Area of openings in grating on inlet to waste pipe, etc. Grating to trap or gully for removal of rain water. Position of trap at inlet to drain. Construction of traps. Prohibition of use of Bell-trap and D trap, etc. Ventilation of main house- drain at upper end. Ventilation of main house-drain at lower end. Exception as to ventilation of drain leading from single trap and not more than 60 ft. long. Fixing of ventilating and fall pipes. Construction and fixing of down-pipe for rain water. Construction of waste-pipe from bath, etc. Mode of discharge of waste-pipe and down-pipe. Prohibition of rain-water pipe being used as ventilating shaft. Prohibition of new drain or drainage works being covered up until inspected and passed by Board. Drain to be water and air tight. Construction of floor of cook-house, etc. Paving of floor of cook-house, etc. Fall for surface of back-yard, etc. Connexion with house-drain and paving of open surface. Provision of surface channel for excessive rain-fall. Diversion of rain-water from house-drain. Case of diversion being impracticable. Prohibition of pipe for subsoil drainage being connected with sewer, etc. Cleansing, etc., of cess-pool in case of diverted drain. Provision for ensuring control by Board of construction and carrying out of drainage works. No. 10 of 1901. Drainage works to be carried out in accordance with approved plans, etc. Power to require surface channel instead of covered drain in Victoria, etc. Repair. Cleanliness. Attendance. Scrubbing. Lime-washing and tarring. Fumigation. Covering of soil pans. Removal of soil and urine. Lighting. Prohibition of use as dwelling. Registration and application therefor. Character of building. No. 10 of 1901. Cleanliness and lime-washing. Prohibition of occupation in night time. Inspection. By-Law 1. Permission for erection or continuance. Allowance only on ground or top floor. Allowance only in approved building. Regulation of construction. Use for sleeping purposes. Restriction on enclosure of space above and below. Prohibition in case of room containing cubicle, etc. Prohibition of cubicle, etc. Prohibition in case of kitchen. Registration and licensing of night-soil carriers. Issue of licence. Duration of licence. Issue to be free of charge, except in case of duplicate. Pattern of bucket. Period of removal. Time for conveyance. Forfeiture of licence on second conviction. No. 10 of 1901. Notification by medical practitioner of case of small-pox, etc. Notification by occupier of premises, etc., of case of small-pox, etc. Case of notification containing false information. Furnishing of printed forms of notification. Obligation on all persons to notify case of small-pox, etc. Measuring, calculation, and notification of floor area and cubic capacity of domestic building. No. 10 of 1901. Prohibition of bone-boiling, etc., in premises not approved by Board. Construction of building used for bone-boiling, etc. No. 10 of 1901. Storage of materials. Cleansing and lime-washing of premises. Collection and removal of refuse and filth. Repair of internal walls, etc. Rendering vapours innocuous. Prohibition of occupation of premises. Drainage of premises. Access to premises by member or officer of Board. Registration of premises already used for bone-boiling, etc. Approval and registration of premises to be hereafter used for bone-boiling, etc. Meaning of expression 'the keeper of an opium-smoking divan.' No. 3 of 1888. Inspection. Restriction on number of occupants at night. Ventilation. Cleansing and lime-washing. Cleanliness. Duty of keeper to report case of serious illness. Enumeration of poisons. Conditions of sale by retail. Additional restrictions on sale by retail of poisons in Part I of List. Special provisions as to sale by retail of arsenic and its preparations. Entries, etc., in case of person unacquainted with English. Exemption of favour of certain persons. 31 & 32 Vict.c. 121. No. 1 of 1884. No. 10 of 1901. Removal of person suffering from small-pox, etc. Removal of body of person who had died of small-pox, etc., for burial or cremation. Removal of person suffering from diphtheria, etc., under the Ordinance. No. 10 of 1901. Removal of person suffering from diphtheria to hospital, etc. Surface scavenging of Victoria, etc., and removal of night-soil from Hill District, etc. Badge of servants of sanitary contractors. Time for conveyance of excretal matters. Time for conveyance of pig-wash, etc. Vessels for conveyance of excretal matters, etc. Provision for daily removal of excretal matter, etc. Provision of dust-bins. Prohibition of erection of structure obstructing street or land held under Crown lease, and penalty for contravention. Position in building. Construction. Provision, construction, etc., of separate cistern or flushing box. Furnishing of apparatus for application of water to pan, etc. Prohibition of apparatus being connected with water service pipe. Diameter of flush-pipe. Fixing of apparatus. Provision, construction, etc., of soil-pipe. Provision, construction, etc., in certain cases of air-pipe. Tightness and fixing of joint, etc. Section 5 Time and place of election. Summoning of electors, etc. Proposal and seconding of candidates. Vote of elector. Mode of voting. Recording of name of voter. Counting of votes. Right of candidate to vote. Second ballot, if votes equal. Order of proceeding. Return of election. Section 33.
Identifier
https://oelawhk.lib.hku.hk/items/show/747
Edition
1901
Volume
v2
Subsequent Cap No.
552
Cap / Ordinance No.
No. 10 of 1901
Number of Pages
70
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PUBLIC HEALTH ORDINANCE, 1901,” Historical Laws of Hong Kong Online, accessed November 15, 2024, https://oelawhk.lib.hku.hk/items/show/747.