View source for Peak District Reservation Ordinance 1904

{{EngvarB|date=November 2018}}
{{Use dmy dates|date=November 2018}}
{{Infobox legislation
|short_title         = Peak District Reservation Ordinance 1904
|legislature         = [[Legislative Council of Hong Kong]]
|image               = Royal Coat of Arms of the United Kingdom (St Edward's Crown).svg
|imagesize           =
|imagealt            =
|caption             =
|long_title          = An ordinance for the reservation of a Residential Area in the Peak-District.
|citation            =
|enacted_by          = [[Legislative Council of Hong Kong|Legislative Council]]
|date_enacted        =
|date_passed         =
|date_passed2        =
|date_assented       = {{Start date|df=yes|1904|4|29}}
|royal_assent        =
|signed_by = [[Francis Henry May]], Acting [[Governor of Hong Kong|Governor]]
|date_signed         = {{Start date|df=yes|1904|4|29}}
|date_commenced      = {{Start date|df=yes|1904|7|15}}
|date_of_expiry      =
|date_repealed       = {{End date|df=yes|1930|12|5}}
|introduced_by       = [[Henry Spencer Berkeley|Sir H. S. Berkeley]], [[Attorney General of Hong Kong|Attorney-General]]
|bill                =
|bill_citation       =
|bill_date           =
|1st_reading         = 28 March 1904
|2nd_reading         = 19 April 1904
|3rd_reading         = 26 April 1904
|amendments          =
|repealed_by = Law Revision Ordinance 1930
|summary             =
|keywords            =
|status              = Repealed
}}
{{Infobox Chinese
| t = 山頂區保留條例
| y = Sāan déng kēui bóu làuh tìuh laih
| j = Saan<sup>1</sup> deng<sup>2</sup> keoi<sup>1</sup> bou<sup>2</sup> lau<sup>4</sup> tiu<sup>4</sup> lai<sup>6</sup>
|hide=yes
}}
The '''Peak District Reservation Ordinance 1904''',<ref name=text>{{Cite web |url=http://oelawhk.lib.hku.hk/archive/files/24f2010e0de63d845e7551701de18300.pdf |title=Text of the Peak District Reservation Ordinance, 1904 |access-date=22 January 2014 |archive-date=5 November 2021 |archive-url=https://web.archive.org/web/20211105115944/https://oelawhk.lib.hku.hk/archive/files/24f2010e0de63d845e7551701de18300.pdf |url-status=live }}</ref> originally enacted as the '''Hill District Reservation Ordinance''',<ref>{{Cite web |url=http://webb-site.com/codocs/HillDistrictReservationOrdinance.pdf |title=Text of the Hill District Reservation Ordinance |access-date=6 April 2013 |archive-date=4 October 2011 |archive-url=https://web.archive.org/web/20111004202456/http://webb-site.com/codocs/HillDistrictReservationOrdinance.pdf |url-status=live }}</ref><ref name="Council">{{cite press release
| title = Council Sitting Record of Legislative Council of Hong Kong
| publisher = Legislative Council of Hong Kong
| date = 28 March 1904
| url = http://www.legco.gov.hk/1904/h040328.pdf
| accessdate = 14 August 2008
| archive-date = 6 February 2011
| archive-url = https://web.archive.org/web/20110206031016/http://www.legco.gov.hk/1904/h040328.pdf
| url-status = live
}}</ref><ref name="Lai">{{Cite book
|last         = Lai
|first        = Lawrence Wai-Chung
|authorlink   =
|author2      = Weicong Li
|author3      = Ki Fong
|title        = Town Planning Practice: Context, Procedures and Statistics for Hong Kong
|publisher    = Hong Kong University Press
|year         = 2000
|location     = Hong Kong
|page         = 13
|url          = https://books.google.com/books?id=pMikv58lxdIC&q=%22Hill+District+Reservation%22
|doi          =
|id           =
|isbn         = 9789622095168
|access-date  = 21 February 2024
|archive-date = 1 October 2023
|archive-url  = https://web.archive.org/web/20231001080523/https://books.google.com/books?id=pMikv58lxdIC&q=%22Hill+District+Reservation%22
|url-status   = live
}}</ref> is commonly called the '''Peak Reservation Ordinance''' and was a zoning law that reserved most of the [[Victoria Peak]] as a place of residence to non-Chinese people except with the consent of the [[Governor-in-Council]].<ref name="Council" /><ref name="Wilt">Wiltshire, Trea. [First published 1987] (republished & reduced 2003). Old Hong Kong – Volume Two. Central, Hong Kong: Text Form Asia books Ltd. Page 21. ISBN Volume One 962-7283-60-6. pg 21</ref> The law was in force from 1904 to 1930 where the deadly [[Third plague pandemic|Third Pandemic]] of [[Bubonic plague]] took place in China, causing 100,000 deaths,<ref name="Cohn 2003 336">{{Cite book
| last = Cohn
| first = Samuel K.
| authorlink =
| title = The Black Death Transformed: Disease and Culture in Early Renaissance Europe
| publisher = A Hodder Arnold
| year = 2003
| location =
| page = [https://archive.org/details/blackdeathtransf00samu/page/336 336]
| url = https://archive.org/details/blackdeathtransf00samu/page/336
| isbn = 0-340-70646-5
| url-access = registration
}}</ref> and enormous number of Chinese influxed into Hong Kong,<ref>{{Citation
| url = http://library.legco.gov.hk:1080/record=b1032135
| title = Official Record of Proceedings, 1904.04.19.
| accessdate = 7 August 2018
| publisher = [[Legislative Council of Hong Kong]]
| year = 1904
| author = Legislative Council of Hong Kong
| archive-date = 19 July 2020
| archive-url = https://web.archive.org/web/20200719122909/http://library.legco.gov.hk:1080/record=b1032135
| url-status = dead
}}</ref> causing the [[1894 Hong Kong plague]]. Contemporary historians’ views toward the Ordinance vary, with some<ref name="Jason">{{Cite book
| last = Wordie
| first = Jason
| title = Streets: Exploring Hong Kong Island
| publisher = [[Hong Kong University Press]]
| year = 2002
| location = Hong Kong
| pages =74–75
| isbn = 962-209-563-1 }}</ref><ref>{{Cite web |url=http://www.cciv.cityu.edu.hk/website/?redirect=/field/2000-2001-b/0224B/index.php |title=香港早期醫療 |access-date=6 April 2013 |archive-date=2 August 2012 |archive-url=https://archive.today/20120802004209/http://www.cciv.cityu.edu.hk/website/?redirect=/field/2000-2001-b/0224B/index.php |url-status=dead }}</ref> attributing the Ordinance to health segregation, whereas others<ref name="Wilt" /> attribute it to social status segregation. The debate on the second reading of the Bill is recorded in the ''Hong Kong Hansard'',<ref>{{Cite web |url=http://www.legco.gov.hk/1904/h040419.pdf |title=Hansard for the Legislative Council meeting on 19 April 1904. |access-date=6 April 2013 |archive-date=31 October 2019 |archive-url=https://web.archive.org/web/20191031224629/https://www.legco.gov.hk/1904/h040419.pdf |url-status=live }}</ref> which shows that the two Chinese members, [[Kai Ho|Ho Kai]] and [[Wei Yuk]], did not oppose the Bill but a minority of the "leading Chinese" in the community were against it.
==Background==
===1894 Hong Kong plague===
In 1894, the deadly [[Third plague pandemic|Third Pandemic]] of [[Bubonic plague]] spread from China to Hong Kong, causing 100,000 deaths in [[Guangdong|Canton]] alone within two months <ref name="Cohn 2003 336"/> and subsequently the [[1894 Hong Kong plague]]. Dr. Gomes da Silva, the Principal Medical Officer of [[Macao]], in recording the sanitary condition of the Chinese population, observed that they usually threw house refuse into the street, where it accumulated until such time as the torrential summer rains and the overflow of the [[Pearl River (China)|Pearl River]] cleared it away. A study by [[City University of Hong Kong]] also attributes the spread of plague to the hygiene and sanitary condition among local population at the time.<ref>[http://www.cciv.cityu.edu.hk/website/?redirect=/field/2000-2001-b/0224B/index.php Early history of medical service in Hong Kong(香港早期醫療服務)] {{Webarchive|url=https://archive.today/20120802004209/http://www.cciv.cityu.edu.hk/website/?redirect=/field/2000-2001-b/0224B/index.php |date=2 August 2012 }}, City University of Hong Kong. Retrieved 8 July 2008</ref> [[Governor of Hong Kong]] [[William Robinson (colonial administrator, born 1836)|Sir William Robinson]] reported to the British Government that "the filthy habits of life amongst the 210,000 Chinese who reside here have rendered Hong Kong liable to the invasion and development of the germ of the bubonic plague".<ref>{{Cite journal
| last = Pryor
| first = E.G.
| title = The Great Plague of Hong Kong
| journal = Journal of the Hong Kong Branch of the Royal Asiatic Society
| volume = 1975
| page = 65
| publisher = Royal Asiatic Society of Great Britain and Ireland. Hong Kong Branch (Hong Kong Branch)
| location = Hong Kong
| year = 1975
| url = http://sunzi1.lib.hku.hk/hkjo/view/44/4401304.pdf
| access-date = 6 April 2013
| archive-date = 12 June 2011
| archive-url = https://web.archive.org/web/20110612133432/http://sunzi1.lib.hku.hk/hkjo/view/44/4401304.pdf
| url-status = live
}}</ref>
In the late 1890s, Europeans who resided in the [[Victoria, Hong Kong|City of Victoria]] gradually moved to places of higher altitude to evade such living conditions. But as the [[Chinese peoples|ethnic Chinese]] population continued to increase in the city, and the Europeans were reaching [[Victoria Peak]] thus could not move any higher, the [[Government of Hong Kong|Hong Kong Government]] decided to reserve the Peak for Europeans and other non-Chinese. In the 1904 Government Gazette explained that such reservation of the district was to address such concerns over the health of European people.<ref name="Jason" />
Between 1894 and 1929, the plague caused 24,000 case of infection in Hong Kong, of which 90% were fatal.<ref>{{Cite journal
| last = Pryor
| first = E.G.
| title = The Great Plague of Hong Kong
| journal = Journal of the Hong Kong Branch of the Royal Asiatic Society
| volume = 1975
| page = 69
| publisher = Royal Asiatic Society of Great Britain and Ireland. Hong Kong Branch (Hong Kong Branch)
| location = Hong Kong
| year = 1975
| url = http://sunzi1.lib.hku.hk/hkjo/view/44/4401304.pdf
| access-date = 6 April 2013
| archive-date = 12 June 2011
| archive-url = https://web.archive.org/web/20110612133432/http://sunzi1.lib.hku.hk/hkjo/view/44/4401304.pdf
| url-status = live
}}</ref> In 1929, the plague was eradicated and the law was repealed in 1930 by the Law Revision Ordinance 1930.<ref>{{Cite journal |date=1930-12-05 |title=Ordinance No. 25 of 1930 |url=https://sunzi.lib.hku.hk/hkgro/view/g1930/573276.pdf |journal=Hong Kong Government Gazette |pages=620 |access-date=21 February 2024 |archive-date=21 February 2024 |archive-url=https://web.archive.org/web/20240221052511/https://sunzi.lib.hku.hk/hkgro/index.jsp |url-status=live }}</ref>
===Segregation by social status===
20th century Journalist<ref>{{Cite web |date= |title=FormAsia Books Online - Authors |url=https://www.formasiabooks.com/authors/ |archive-url=https://web.archive.org/web/20200204022804/https://www.formasiabooks.com/authors/ |archive-date=2020-02-04 |access-date= |website=www.formasiabooks.com}}</ref> [[Trea Wiltshire]], in her book "Old Hong Kong", believes the Hill District Reservation Ordinance was a law based on social segregation as its goal. At the time one's social status was measured by the altitude of one's residence.<ref name="Wilt" /> One incidental benefit that came with the law included the reservation of the [[Peak Tram]] at certain hours of the day.<ref name="Wilt" /> From 8 to 10&nbsp;am, the tram service was for top officials, first class passengers only, thus guaranteed good commute time.<ref name="Wilt" /> The front seat of the tram was always reserved for the governor, who further accorded its desirable social status by building a summer retreat, the [[Mountain Lodge]].<ref name="Wilt" /> The Peak at the time was referred to by the British as "Little England".<ref name="HKstory">Courtauld, Caroline. Holdsworth, May. The Hong Kong Story. Hong Kong publishing, Oxford university press. {{ISBN|0-19-590353-6}}. pg 46.</ref> Many of the upper-middle class household members would have a dozen to 20 Chinese servants.<ref name="HKstory" />
== Extent ==
According to the ordinance, the peak District means "all that area in the Island of Hongkong situated above the 788 feet contour and to the west of a line drawn in a north and south direction through Middle or Cemetery Gap, including the hills known as Mount Cameron, Mount Gough, Mount Kellett and Victoria Peak".<ref name=text /><ref>{{Cite web |title=Hill District Reservation Ordinance |url=https://webb-site.com/codocs/HillDistrictReservationOrdinance.pdf |archive-url=https://web.archive.org/web/20230410144713/https://webb-site.com/codocs/HillDistrictReservationOrdinance.pdf |archive-date=2023-04-10 |website=webb-site.com}}</ref><ref>{{Cite web|url=https://www.aab.gov.hk/filemanager/aab/en/content_4/20210616_historic_4_new_items.pdf|url-status=live|archive-url=https://web.archive.org/web/20231001080525/https://www.aab.gov.hk/filemanager/aab/en/content_4/20210616_historic_4_new_items.pdf |archive-date=1 October 2023|title=Historic Building Appraisal: Peak Fresh Water Service Reservoir|website=[[Antiquities Advisory Board]]|access-date=14 November 2024|id=N369|pages=8–14}}</ref>
==Similar ordinances==
Other historical racially based zoning law in Hong Kong.
*Light and Pass Ordinance, 1888, repealed in 1895
**The law exclusively required Chinese residents to carry a [[lantern|lamp]] when passing at night.<ref>Jung-fang Tsai. [1995] (1995). Hong Kong in Chinese History: Community and Social Unrest in the British Colony, 1842–1913. Columbia University Press. 1995. {{ISBN|0-231-07933-8}}, {{ISBN|978-0-231-07933-4}}.</ref> The law was believed originally established under the assumption that all Chinese residents of the colony were potential criminals.<ref>Munn, Christopher. [2001] (2001). Anglo-China: Chinese People and British Rule in Hong Kong, 1841–1880. {{ISBN|0-7007-1298-4}}, {{ISBN|978-0-7007-1298-4}}.</ref>
*Peak District (Residence) Ordinance, 1918, repealed in 1946<ref name="Lai" /><ref name="Tubbs" /><ref name=Legco1946>{{Cite web |url=http://www.legco.gov.hk/1946/h460719.pdf |title=Minutes of the meeting of the Hong Kong Legislative Council held on 19 July 1946 |access-date=6 April 2013 |archive-date=31 October 2019 |archive-url=https://web.archive.org/web/20191031230617/https://www.legco.gov.hk/1946/h460719.pdf |url-status=live }}</ref>
*[[Cheung Chau]] (Residence) Ordinance, 1919<ref name="Lai" /><ref name="Tubbs" /> repealed in 1946<ref name=Legco1946/>
Other historical zoning laws in Hong Kong.
*European District Reservation Ordinance, 1888 (April 1888)<ref>{{Cite web |url=http://www.legco.gov.hk/1887-88/h880327.pdf |title=Legislative Council Report 27 March 1888 |access-date=6 April 2013 |archive-date=31 October 2019 |archive-url=https://web.archive.org/web/20191031224438/https://www.legco.gov.hk/1887-88/h880327.pdf |url-status=live }}</ref><ref>{{Cite book |url=https://books.google.com/books?id=pMikv58lxdIC&dq=peak+reservation+ordinance+1888+hong+kong&pg=PA191 |title=Town planning practice By Lawrence Wai-Chung Lai, Weicong Li, Ki Fong |isbn=978-962-209-516-8 |access-date=21 February 2024 |archive-date=1 October 2023 |archive-url=https://web.archive.org/web/20231001080439/https://books.google.com/books?id=pMikv58lxdIC&dq=peak+reservation+ordinance+1888+hong+kong&pg=PA191 |url-status=live |last1=Lai |first1=Lawrence Wai-Chung |last2=Li |first2=Weicong |last3=Fong |first3=Ki |date=28 April 2024 |publisher=Hong Kong University Press }}</ref>
**It applied to parts of the City of Victoria that already had European-style [[single-family detached house]]s. The Ordinance was classified as a town planning and rent control law under [[William Des Vœux|Governor Des Vœux]]'s administration. It required buildings in certain areas of Hong Kong to comply with the [[single-family detached home]] model, rather than the native, extremely crowded, Chinese model that land owners usually offered, which maximised profits. There was no exclusion by race, only by the type of buildings that could be built and a limit on the number of occupants.<ref name="Tubbs">{{Cite book
| last = Hing-fung Leung
| first = Lawrence Wai-chung Lai, Daniel Chi-wing Ho.
| authorlink =
| title = Change in Use of Land: A Practical Guide to Development in Hong Kong
| publisher = Hong Kong University Press
| year = 2004
| location =
| page = 15
| url = https://books.google.com/books?id=1653hGljnfgC&q=%22Hill+District+Reservation%22
| isbn = 9780873386777
| access-date = 21 February 2024
| archive-date = 1 October 2023
| archive-url = https://web.archive.org/web/20231001080507/https://books.google.com/books?id=1653hGljnfgC&q=%22Hill+District+Reservation%22
| url-status = live
}}</ref><ref>{{Cite book |url=https://books.google.com/books?id=Ytg98pAFdk4C&dq=European+District+Reservation+Ordinance&pg=PA46 |title=Society By David Faure |isbn=978-962-209-393-5 |access-date=21 February 2024 |archive-date=1 October 2023 |archive-url=https://web.archive.org/web/20231001083248/https://books.google.com/books?id=Ytg98pAFdk4C&dq=European+District+Reservation+Ordinance&pg=PA46 |url-status=live |last1=Faure |first1=David |date=28 April 1997 |publisher=Hong Kong University Press }}</ref>
==Exemption==
The ordinance stated that "It shall be lawful for the [[Governor-in-Council]] to exempt any Chinese from the operation of this Ordinance on such terms as the Governor-in-Council shall think fit". Such exemptions were invoked for such personalities as First Lady of the [[Republic of China (1912–1949)|Republic of China]] [[Soong Mei-ling]]<ref name="Jason"/> and Eurasian millionaire [[Robert Hotung|Sir Robert Ho-Tung]] and his family who already had a retreat on the slopes of the Peak.<ref name="Wilt" />
==See also==
* [[First houses on the Peak]]
==References==
{{Reflist|30em}}
{{Central and Western District}}
[[Category:History of Hong Kong]]
[[Category:1904 in British law]]
[[Category:Zoning]]
[[Category:Real property law]]
[[Category:Urban planning in Hong Kong]]
[[Category:Hong Kong legislation]]
[[Category:Racial segregation]]
[[Category:1910s establishments in Hong Kong]]
[[Category:Victoria Peak]]