BUILDINGS AND NUISANCES ORDINANCE

BUILDINGS AND NUISANCES ORDINANCE

Title, .
[For conaGrudion
of Ordinance:
*ee Ordinance
No. 12 oJ18B8.J

Preamble.

Wall.

Floor.

Works.

<iniity Of IL nui-
xuixce.

Miles to be ob.
served us to

1. luaus of
Louses.

URDII~TAI1TCE.No. 8 0F 1856.

Buildings and Nuisances.

No. 8 of 186.

An Ordinance for Buildings and Nuisances.

16th April, 1856.

WHEREAS further provision hath been found necessary for the better
regulation
of buildings and prevention of nuisances ; Be it therefore enacted and
ordained
by Isis Excellency the Governor of Hongkong with the advice of the
Legislative
Council thereof in -manner following, that is to say:-

1. The following words and expressions in this Ordinance contained shall
be
construed in manner hereinafter appearing; that is to say:-

The word ' Wall' shall extend to and include every external wall and
party wall.

The word ° Floor' shall extend to and include every horizontal platform
forming
the base of any story, and every joist, board, timber, stone, and brick,
or other
substance constituting the said platform.

The word `Story' shall extend to and include the full thickness of every
floor, and
the apace between the under surface thereof and the upper surface of the
floor or (if
there be no such floor) the ground next below the said first-mentioned
floor.

The word `Works' shall extend to and include the constructing,
reconstructing,
pulling down, opening, cutting into, adding to, and altering any
building, wall, chimney,
stack, flue, drain, sower, cesspool, or any work whatsoever.

The word ° Building' shall extend to and include every house, outhouse,
or shed.

The word ° House' shall extend to and include every dwelling house,
warehouse,
shop, manufactory, work-room, distillery, and place of secure storage or
custody.

The expression `guilty of a nuisance' shall apply to and denote any
person guilty.
of committing or continuing any nuisance whatsoever, and any person
guilty of
permitting or suffering any nuisance whatsoever, and any person guilty of
omitting to
take all proper and reasonable means for procuring the abatement of a
nuisance
committed and continuing within his tenement, or upon or over some way or
public
place in the immediate neighborhood of his tenement, for the space of
twelve hours
after the said nuisance shall have been committed.

2. All works henceforward shall be under the survey and inspection of the.
Surveyor General, and shall be commenced, resumed, prosecuted and
completed with
due observance of this Ordinance and particularly of the rules next
following, that `is
to say:-

1. The walls of all houses shall be solidly built of bricks or stones
throughout, -
and. shall be of the thickness of not less than nine inches at the upper
stork thirteen and a half inches at the story immediately below the
upper story, and eighteen inches at the story (if any) immediately, ~elo

the said two stories.
ORDINANCE No. 8 of 1856:

Buildings and Nuisances-.

2. The foundations o£ every wall of a house shall be of the depth of not
less
than twice the thickness of the wall at the lowest story of the said
building; and the lowest course of every such foundation shall be of not
less than twice the thickness of the wall at the said lowest story; and
the height and thickness of the upper courses of such foundation shall
diminish gradually towards the upper surface thereof.

3. The floors of any one house shall not approach nearer than nine inches'
length towards the floors of any other house separated by a party wall
from the house first-mentioned; And the space intervening between the
said two floors shall be properly and substantially built up with bricks
or
stones as the case may be.

4. In the case of two or more houses separated from each other, or
others, 4. Piaora of
outside houses.
by one or more party walls, the external ends of the floors of the first
and last of the said houses shall be carried to and terminate at the apace
of not less than nine inches from the outside of the external walls of the
said first and last houses respectively.
5. The floors and roofs of houses or verandahs shall in rill cases abut
upon a. supports of
floors and roots.
and neat against at leant nine inches of solid brick or stone work, as the

ease may be.

8. Foundations
of walls of houses.

3. Floors in
general.

3.. It shall not be lawful for any person to commence or (in the ease of
any works,
tile progress whereof shall have been for a period exceeding three months
suspended)
to resume any works, until four days' written notice of the intention to
commence or
resume the same shall have been given unto the Surveyor General at his
office by the
person by or for whom such works are intended to be commenced, or
resumed, and
every. such notice shall specify the material particulars of the said
intended works, and
any person commencing or resuming any works without having first given
such notice
as aforesaid to the Surveyor General, or before the expiration of four
days from the
giving thereof, shall for every such default forfeit and pay to Her
Majesty a sum.
not exceeding fifty dollars nor leas than ten dollars; except where any
inevitable
accident or emergency shall have occurred to make it necessary to
commence or resume
any works immediately, in which case only it shall be lawful to comments
ox resume
the same, yet so as that written notice thereof and of the material
particulars of such
works shall within two days after commencing or resuming the same be
given by the
person by or for whom the same were so commenced or resumed unto the said
Surveyor
General at his office aforesaid.

4: In oases where any penalty shall have been incurred under the
provisions of
the section next immediately preceding, or where the purveyor General
shall be refused
,admittance to any tenement for the purpose of surveying or inspecting
any works
*hereon or therein commenced, resumed, or in progress, the said works
shall be liable
tube abated as a nuisance.

4 doYs' notice to

be gluon before
commencing or
(in the case of
works sue nded
for above
months) rearm-
ing works.

Penalty far every
default.
Except in case of
inevitable neces-
sity.

1n which case
notice to be
given within two
dnya after com-
mencing or re-
arming the
works.

Works to be lia-
ble in certain -
cases to be al,io-.
ted as a nuisance.
ORDINANCE .No. 8 of 1856.

Buildings and Nuisances.

Double Police
rotes to be paid
for buildings il-
legally construc.
ted, &a, until
abatement.

Surfing of Crown
remedies.

livery house to
hove a cooking
place and privy.

The Surveyor

(°ionerul shall
require the
owner or
occupior of any
house to make
qoad all
deilcloncies in
Works of that
kind and.causo
them to be made
good.

:Contracts to be 5. All contracts hereafter to be made for works contrary
to the provisions of this
made or execu.
ted to the con- Ordinance shall be null and void, and it shall not be
lawful to execute in contravention
trary of this Or.
dinunce' of the said provisions any contracts heretofore made for works
and in force at the
passing of this Ordinance, unless the same have heretofore received the
sanction of the
Surveyor General.

6. Over and above all other penalties and liabilities by this Ordinance
imposed,
the owner of every building constructed, reconstructed, or altered in
contravention of
this Ordinance shall pay in respect of the same a periodical Police -rate
-of double the
amount to which, but for such contravention be would have been liable in
respect of
the said building, yet so as that if the same shall be abated,
diminished, or removed under
the provisions of this Ordinance, the said owner shall cease to be liable
to pay any such
Police rate in respect thereof.
7. No remedies for breaches of contract committed by Crown lessees or
others
now vested in the Crown or its officers shall be prejudiced by this
Ordinance.
8. It shall not be lawful to construct, reconstruct or (if now in the
course of
construction or reconstruction) to complete any house without a
sufficient and safe
place for lighting of fires and cooking of food ; and also a sufficient
water-closet or privy,
and a sufficient ashpit furnished with proper doors and coverings ; Ail
which shall be
provided to the satisfaction of the Surveyor General, and from time to
time emptied
and cleansed, at such periods as the Surveyor General may direct ; and
every person
offending against any of the enactments in this suction contained. shall
for overt' such
offence forfeit and pay to the Crown a penalty not exceeding fifty
dollars nor less thaa
ten dollars.
9.- The Surveyor General shall in case any house whether now existing or
hereafter
to be constructed or reconstructed shall not be provided or shall be
imperfectly
provided with any of the works in the last immediately preceding section
specified, or
with one or more proper drain or drains to the said house of at least six
inches in
diameter, give written notice of every, such deficiency to the owner or
occupier of the
said house, thereby requiring him to provide for and make good the said
deficiency-
forthwith or within some specified and reasonable term to the
satisfaction of the Surveyor
General: and in case the said owner or occupier shall not obey or comply
with the said
iuirement, the said Surveyor General shall cause the said works to be
executed, and
may recover the charges and expenses thereof together with his costs of
procedure by
summary application to a Stipendiary Magistrate, or any two Justices, who
shall, in
case of default in payment thereof, levy the amount so recovered by
warrant of distress
and sale upon tile goods and chattels of such owner or occupier, without
prejudice
to the right of either party to recover over, , retain, or deduct against
the other tile
amount so paid or recovered.

'rnhlle and 10. The Surveyor General may provide and maintain in proper
and suitable
connnon priai&$
sewage places, situations Common water-closets, privies, urinals, slid
other , like conveniencies for
etc., may be
Provided. public accommodation; and also proper buildings, pits, places,
boxes or other
ORDINANCE .No: 8 or 1.856.

Buildings and Nuisances.

corivemencies for the temporary reception and collection of sewage, dung,
sail, filth,
,dust, ashes, and rubbish, yet so as not to occasion annoyance or
nuisance; And all
such matters so received or collected therein shall be vested in and may
be disposed of
at the discretion of and by the Surveyor General ; And all the proceeds
(if any) of
such as shall in any wise be so disposed of shall be paid into the
Colonial Treasury on
account of the Crown.

11. Every work whatsoever hereafter to be commenced, resumed, prosecuted,
or
Suished in contravention of this Ordinance sball be deemed a nuisance.

12. Every building, or part of a building, being in a ruinous or dangerous
condition, shall be deemed a nuisance.

13. Every building erected or to be hereafter erected of any inflammable
material,
in such wise as to endanger any neighbouring building, shall be deemed a
nuisance.

14. Every deposit or accumulation of decaying, noisome, noxious, or
offensive
matter, in, on, or under any tenement, Crown land, or way, or water, or
drain or sewer,
whereby the health of the Queen's subjects may be endangered, shall be
deemed a
nuisance.

15. Every projection from or over any building which shall cause
annoyance or
obstruction to any way or to the passengers thereon, and every
encroachment on, over,
or under any way or any Crown land shall be deemed a nuisance.

18. Every work which would be deemed a nuisance in England if begun,'con,
ducted, or completed there, shall within this Colony be deemed a nuisance,

17. The Surveyor General shall summon every person guilty of any of the
nuisances
liereinbefore enumerated before a Stipendiary Magistrate, or any two
Justices of the
Peace who shall thereupon proceed in a summary way to enquire into and
adjudicate
upon the premises after the manner of other summary proceedings before
Justices of
the Peace; And where he or they shall adjudicate any one person to have
been guilty
of any of the said nuisances, he or they or any other Justice of the
Peace shall, upon
the application of the Surveyor General, order him or any other proper
officer to abate,
demolisb, or remove the said nuisance, and to sell and dispose of the
materials thereof
(if any) and out of the monies arising by such sale or disposition (if
any) to retain or
pay the charges and expenses of or incident to such abatement,
demolition, or removal;
And the said Magistrate, Justices, or Justice shall order and compel all
persons who
shall have been found guilty of any such nuisance, after such
adjudication as aforesaid,
to satisfy all charges and expenses of or incident to the abatement,
demolition, or
removal thereof, and for which no other or no sufficient satisfaction is
hereby provided,
.and shall thereupon, by warrant under his or their hand and seal, or
hands and seals,
cause the same to be levied by distress and sale of the goods and
chattels of the said
persons respectively in case of default in payment.

18. In the event of the insufficiency of any distress to be made under
this Ordi, lance, the house of the defaulter shall be subject and liable
to defray the deficiency; and
.a Stipendiary Magistrate or Justice of the Peace upon the application of
the Surveyor.

works contra-
,enillg this
~>rdinance to be
deemed a
nuisance.
Ruinous build.
ingsto be
deemed nnIs-
ances.

Buildings erected
of inflanmlable
materlals to be
deemed nuis.
ancm
Deposits or acen-
mulations of
decaying matter,
&c., to be deemed
nuisances.

projections from
buildings to be
deemed nuia-
Ilnee9.

Nuisances by the
law of England
shall be deemed
nuisances here.

Summary pro.
ceedlng In csses
of nuisance.

ftmnsg,prop^rty
to be~iiable for
deficieney of
distress.
Building's and Nuisances.

General shall by warrant authorize and direct a proper officer to seize
and take posses-
sion of the said house, and to hold the same until such deficiency, shall
be defrqetl,
and all the accruing rents and profits of the said house shall be applied
by the said
Magistrate or Justice in payment of the said deficiency.

19. The Surveyor General and his officers are authorized to seize any
utensil;.
which he or they shall detect any person in the act of dipping, into any.
public c ~tank,;
or reservoir; and also all building materials found by him or them
deposited op lying

upon any public road, or in the side channels thereof; and all utensils
or materials so

seized may be lawfully confiscated by the Surveyor General, and disposed
of as be shall
dreat.

savingoeextettng 'a'''sh,; ;~Q, All existing remedies for the prevention
or abatement of ,nuisances and the -
punishment ,

punishment of those guilty. thereof shall continue to be in force
notwithstanding this,
Ordinance.

[Repealed by Ordinance No. 15 of 1889.]
Title. [For construction of Ordinance : see Ordinance No. 12 of 1856.]
Preamble.
Definitions.
Wall.
Floor.
Story.
Works.
Building.
House.
Guilty of a nuisance.
Rules to be observed as to works.
1. Walls of houses.
2. Foundations of walls of houses.
3. Floors in general.
4. Floors of outside houses.
5. Supports of floors and roots.

4 days' notice to be given before commencing or (in the case of works suspended for above 3 months) resuming works.
Penalty for eery default.
Except in case of inevitable necessity.
In which case notice to be given within two days after commencing or resuming the works.
Works to be liable in certain cases to be abated as a nuisance.
Contracts to be made or executed to the contrary of this Ordinance.
Double Police rates to be paid for buildings illegally constructed, &c., until abatement.
Saving of Crown remedies.
Every house to have a cooking place and privy.
Penalty.
The Sureyor General shall require the owner or occupier of any house to make good all deficiencies in works of that kind and cause them to be made good.
Public and common privies, sewage places, etc., may be provided.
Works contravening this Ordinance to be deemed a nuisance.
Ruinous buildings to be deemed nuisances.
Buildings erected of inflammable materials to be deemed nuisances.
Deposits or accumulations of decaying matter, &c., to be deemed nuisances.
Projections from buildings to deemed nuisances.
Nuisances by the law of England shall be deemed nuisances here.
Summary proceeding in cases of nuisance.
House property to be liable for deficiency of distrees.
348

Tanks, reservoirs, and building materials.
Saving of existing remedies.

Title. [For construction of Ordinance : see Ordinance No. 12 of 1856.]
Preamble.
Definitions.
Wall.
Floor.
Story.
Works.
Building.
House.
Guilty of a nuisance.
Rules to be observed as to works.
1. Walls of houses.
2. Foundations of walls of houses.
3. Floors in general.
4. Floors of outside houses.
5. Supports of floors and roots.

4 days' notice to be given before commencing or (in the case of works suspended for above 3 months) resuming works.
Penalty for eery default.
Except in case of inevitable necessity.
In which case notice to be given within two days after commencing or resuming the works.
Works to be liable in certain cases to be abated as a nuisance.
Contracts to be made or executed to the contrary of this Ordinance.
Double Police rates to be paid for buildings illegally constructed, &c., until abatement.
Saving of Crown remedies.
Every house to have a cooking place and privy.
Penalty.
The Sureyor General shall require the owner or occupier of any house to make good all deficiencies in works of that kind and cause them to be made good.
Public and common privies, sewage places, etc., may be provided.
Works contravening this Ordinance to be deemed a nuisance.
Ruinous buildings to be deemed nuisances.
Buildings erected of inflammable materials to be deemed nuisances.
Deposits or accumulations of decaying matter, &c., to be deemed nuisances.
Projections from buildings to deemed nuisances.
Nuisances by the law of England shall be deemed nuisances here.
Summary proceeding in cases of nuisance.
House property to be liable for deficiency of distrees.
348

Tanks, reservoirs, and building materials.
Saving of existing remedies.

https://oelawhk.lib.hku.hk/items/show/99

1890

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No. 8 of 1856

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