CHINESE TEPOS ORDINANCE

CHINESE TEPOS ORDINANCE

Chinese Tepos.

No. 3 of 1853.

An Ordinance to extend the duties of Chinese Tepos appointed under
Ordinance No. 18 of 1844; to determine their emoluments; and to
provide for the amicable settlement of civil suits among the Chinese
Population of Hongkong.

(2nd December, 1853.)
WHEREW disputes occasionally arise among the Chinese population of this
Co- Preamble.
long which might be more conveniently and amicably settled by the tepo,
aided by the respectable Chinese inhabitants, than before an English
tribunal; and
whereas with a view to make the tepos of the several districts of, the Colony more
-Ordinance to
take effect by
proclamation of
the Governor, on
petition of Tnajo-
rit.y of rate-pay-
,ere.

Itnte-payers to
sleet axHeeaore.

Atsessorn to
cluooao tope.

ORDINANCE No. 3 of 1853.

Chinese Tepos.

efficient, and to extend their usefulness, it is desirable that the
voluntary fees now paid
by Chinese householders for the support of the said te1>os be made
rateable and com-
pulsory: Be it enacted and ordained by His Excellency the Governor of
Hongkong,
with the advice of the Legislative Council thereof, as follows:-
1. Whenever the majority of rate-payers in any district for which a tepo
has been
appointed under the said Ordinance No. 13 of 1844, shall, by petition to
the Governor,
declare their wish to adopt the provisions of this Ordinance, the
Governor may by pro-
clamation declare that this Ordinance shall be in force in the said
district; and before
such proclamation this Ordinance shall not apply to any such district.
2, After proclamation so made, the rate-payers of the said district shall
elect from
among themselves not less than five nor more than twelve persons, whose
names they
shall submit to the Governor for his approval, and after approval such
persons shall,
for one year from the date of such approval, and afterwards until their
successors be
chosen, become assessors of the district: And should a less number than
twelve be
chosen and approved, the Governor may nominate fit persons to fill the
vacancies,
The Governor may also from time to time direct that any vacancy occurring
afterwards among the said assessors be filled in like manner by election
and approval,
and in default of election within a time to be fixed by him, may himself
nominate
persons to fill the vacancies.
3. The assessors so approved and nominated shall by a majority of votes
choose
one of their number to be tepo, and such person after approval by the
Governor shall
be tepo of the district for one year from the date of such approval, and
afterwards until
his successor be chosen. Provided that nothing herein contained shall be
held to
circumscribe the power of appointing such tepo, possessed by the Governor
under
section 2 of the said Ordinance No. 13 of 1844.

node of election. 4. The election of assessors and tepo shall ta>;e place
not oftener than once a year,

at such time and in such manner as the Governor may determine, and the
qualification
for an elector or assessor shall be the previous occupation during one
year immediately
preceding the election of a tenement rated to the Police tax; and the
payment of all
arrears to the said tax: And all disputes as to qualification or the mode
of election
shall be determined by the Chief Magistrate.
5. The majority of assessors may from time to time, not being oftener
than once
in the year, by petition to the Governor declare what salary they
consider it. necessary
that the tepo should receive, and the Governor may thereupon authorize
the said asses-
sors to levy on the annual value (as assessed to the Police tax), of all
premises in the
occupation of Chinese tenants, a rate per cent sufficient to defray the
amount of such
salary : and from the money so raised the assessors shall pay the salary
to the, said
tepo, reserving the remainder, if any, for such other purposes of public
utility as the
Governor may sanction. And the Chief Magistrate may enfoyce the payment
.of tie
said rate by distress and sale of the goods and chattels found on the
premises of the
defaulter, in the manner provided by Ordinance No. 2 of 1845, for-the
enforcement of
the payment of Police rates.

QanlSflcntion of
-electors and ns-

1sce,worto fix
sit tary of tepo.

I:xpen,e how to
he dcFrnved.

Application of
~myJus Wilds.
Ordinance No. 3 of 1853.

Chinese Tepos.

6. If any person have a complaint against a Chinese he may apply for
redress to
the tepo of the district, who shall use his best endeavour.to obtain an
amicable settle-
ment thereof. Failing such settlement he! shall ask the plaintiff and
defendant in the
-case, whether they are willing that he should determine the dispute
assisted by asses-
sors; and should the parties consent to such determination, they sball,
if resident within
the limits of the city of Victoria, thereupon sign before some Justice of
the Peace a
.declaration of their consent. The tepo shall then summon all the
assessors to his as-
sistance; and shall proceed to bear and determine the case, not less than
three assessors
being present during the proceedings; and the decision of the majority of
the assessors
present, (the tepo voting as an assessor and having also the casting
vote), shall be
binding upon the parties: but the assessors instead of corning to a
decision may, if they
-think it proper, refer the matter for the decision of the proper English
tribunal.

7. The decision so given by the tepo and assessors shall be reported in
writing by
the tepo to the Chief Magistrate, who, upon being duly called upon so to
do, and upon
being satisfied that the parties voluntarily submitted their dispute for
determination
in this manner, shall enforce the judgment by distress and sale of the
goods and chattels
-of the defaulter, and failing these, by imprisonment not exceeding six
months. Pro-
vided that, if the judgment appear to him on the face of it to be
manifestly erroneous
.or unjust, he may refuse to enforce it, and may remit the case to be
re-heard by the
tepo and assessors, or to be re-heard by the proper English tribunal.

$. Nothing herein contained shall be held to give to such tepo or
assessors juris- otdin»nee to rlp-

lily to clril manes

.diction over any criminal cause, or to prevent any person from bringing
his complaint only.
in the first instance before any English Court having jurisdiction therein

[Repealed by Ordinance No. 6 of 1857.]
279

Title.
Preamble.
Ordinance to take effect by proclamation of the Governor, on petition of majority of rate-payers.
Rate-payers to elect assessors.
Assessors to choose tepo.
Mode of elecction.
Qualification of electors and assessors.
Assessors to fix salary of tepo.
Expense how to be defrayed.
Application of surplus funds.
281

Chinese cause with consent of plaintiff and defendant, may be referred for decision to tepo of the district.
Parties to declare before a Magistrate their full consent to the reference.
Tepo may then decide, with the assistance of three assessors.
Assessors may notwithstanding, refer the parties to the proper English tribunal.
Decision of the tepo and assessors how enforced.
Ordinance to apply to civil causes only.

279

Title.
Preamble.
Ordinance to take effect by proclamation of the Governor, on petition of majority of rate-payers.
Rate-payers to elect assessors.
Assessors to choose tepo.
Mode of elecction.
Qualification of electors and assessors.
Assessors to fix salary of tepo.
Expense how to be defrayed.
Application of surplus funds.
281

Chinese cause with consent of plaintiff and defendant, may be referred for decision to tepo of the district.
Parties to declare before a Magistrate their full consent to the reference.
Tepo may then decide, with the assistance of three assessors.
Assessors may notwithstanding, refer the parties to the proper English tribunal.
Decision of the tepo and assessors how enforced.
Ordinance to apply to civil causes only.

https://oelawhk.lib.hku.hk/items/show/78

1890

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No. 3 of 1853

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