ELECTRICITY NETWORKS (STATUTORY EASEMENTS) (RECTIFICATION OF APPROVED SCHEME) (CONSOLIDATION) ORDER

NETWORKS (STATUTORY EASEMENTS) OF
APPROVED SCHEME) (CONSOLIDATION) ORDER

(Cap. 357, section 7)

[15 January 1982]

L.N. 8/82, L.N. 188/84, R. Ed. 1984, L.N. 264/88-

Citation

1. This order may be cited as the Electricity Networks (Statutory Easements)
(Rectification of Approved Scheme) (Consolidation) Order.

Interpretation

2. In this order-
'approved scheme' means the scheme specified in the Schedule;
'power company' means the China Light & Power Company, Limited; 'Secretary'
means the Secretary for Lands and Works.

Rectification of approved scheme

3. Subject to section 7(3) of the Ordinance, the approved scheme shall have
effect as rectified by-

(a) the agreement made between the power company and the Secretary and
deposited in the Land Office on 21 October 1981; (L.N. 8/82)

(b) the agreement made between the power company and the Secretary and
deposited in the Land Office on 1 June 1984; and (L.N. 188/84)

(c) the agreement made between the power company and the Secretary and
deposited in the Land Office on 2 September 1988. (L.N. 264/88)

SCHEDULE [para. 2]

Approved Scheme

400 kV New Territories network; 5 March 1981. Approved by the Secretary for the
Environment and deposited in the Land Office on 5 March 1981.

https://oelawhk.lib.hku.hk/items/show/3317

ELECTRICITY NETWORKS (STATUTORY EASEMENTS) (APPLICATION OF ORDINANCE) ORDER

ELECTRICITY NETWORKS (STATUTORY EASEMENTS) L.N. 80,181.
(APPLICATION OF ORDINANCE) ORDER

(Cap. 357, section 3)

[27 March 1981.]

1. This order may be cited as the Electricity Networks (Statu- Citation. tory
Easements) (Application of Ordinance) Order.

2. The provisions of the Ordinance shall apply to the power Application of
company named in the Schedule for the purpose of enabling such Ordinance. power
company to carry out works relating to the electricity Schedule. networks comprised
in the
approved scheme specified in the Schedule in accordance with the terms of such
approved scheme.

SCHEDULE [para. 2.]

Name of Power Company Approved Scheme
China Light Power Company, 400 kV New Territories network;
Limited. March 5 1981.

Approved by the Secretary for the
Environment and deposited in the Land
Office on 5 March 198 1.
L.N. 80/81. Citation. Application of Ordinance. Schedule.

L.N. 80/81. Citation. Application of Ordinance. Schedule.

https://oelawhk.lib.hku.hk/items/show/3316

ELECTRICITY NETWORKS (STATUTORY EASEMENTS) ORDINANCE

LAWS OF HONG KONG

ELECTRICITY NETWORKS (STATUTORY

EASEMENTS) ORDINANCE

CHAPTER 357





CHAPTER 357

ELECTRICITY NETWORKS (STATUTORY EASEMENTS)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Provisions of Ordinance to apply to power company by order of Governor
in
Council ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
4. Statutory easements ... ...
... ... ... ... ... ... ... ... ... ... ... 3

5. Easements not to have effect until order registered ... ... ... ... ... ... 4

6. Registration of order to be advertised in press ... ... ... ... ... ... ... ... 4

7. Rectification etc. of approved scheme ... ... ... ... ... ... ... ... ... ... 4

8. Right of access over other land ... ... ... ... ... .... ... ... ... ... ... 5

9. Restrictions on exercise of rights under section 4 or 8 ...
... ... ... ... ... 6

10. Compensation for diminution of value of land ... ... ... ... ... ... ... ... 7

11. Liability for loss or damage ... ... ... ... ... ... ... ... .... ... ... ... 7

12. Offence to obstruct power company ... ... ... . ... ... ... ... ... ... ... 8





CHAPTER 357

ELECTRICITY NETWORKS (STATUTORY EASEMENTS)

To provide for the creation of easemenis in and over land in favour of
certain undertakings which generate, transmit or distribute
electricitv; and for matters incidental thereto and connected
thereit.iiii.

[11 July 1980.]

1. This Ordinance may be cited as the Electricity Networks
(Statutory Easements) Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'approved scheme' means a scheme approved by the Secretary for
for the purposes of sectign 3; (Amended,
L.N. 245/81)



'electricity line' means a wire, cable, conductor or other means of
transmitting or distributing electricity from one location to another
above or below ground, and any casing. coating, covering, tube,
pipe, insulator. pole. mast or pylon enclosing, surrounding or
supporting the same or any part thereof or any apparatus or
ancillary facilities connected therewith;

'electricity network' means a system for the transmission or distribution
of electrical energy consisting of one or more electric lines, but
does not include any such system which is in operation at the
commencement of this Ordinance;

'owner', in relation to any land, means-

(a) a person registered or entitled to be registered as owner of
such land in the Land Office;

(b) a person having any estate or interest in such land, or in
lawful occupation thereof, under an instrument registered in
the Land Office;

'power company' means a person or any body of persons, corporate or
unincorporate, by whom electricity is generated or transmitted or
distributed;

'route' means the alignment of the electric lines of an electricity
network as specified by the terms of the approved scheme relating
to such electricity network;

'terms', in relation to an approved scheme, includes the conditions,
specifications, restrictions and other stipulations contained therein,
and any plans, maps, drawings or other documents forming part
thereof or referred to therein;





'works' means the construction, operation, maintenance, repair or
replacement of an electricity network or any part thereof, or the
investigation or examination thereof or of any land situated on the
route thereof.

3. 1) Where the Governor in Council is satisfied that a that
power company is carrying out or is about to carry out any works
relating to an electricity network across any land in Hong Kong in
accordance with the terms of a scheme approved by the Secretary for c
Lands and Works for the purposes of this section, the Governor in
Council may, at the request of the company made in writing to the
Secretary for Land Works order that the provisions of this Ordinance
shall apply to the company for the purpose of enabling the
company to carry out such works in accordance with the approved
scheme. (Amended, L.N. 245/81)

(2) Before an order is made under this section in respect of an
electricity network, the approved scheme relating thereto shall be
deposited in the Land Office.

(3) It shall be sufficient for the purposes of an order made under
this section to refer therein to an approved scheme by the description
and date assigned thereto in the Land Office for the purposes of
subsection (2).

4. (1) Subject to this Ordinance, a power company specified in an
order made under section 3 may, in accordance with the terms of the
approved scheme relating to the electricity network in respect of which
the order is made, exercise from time to time all or any of the following
rights in or over land situated on the route of such electricity network-

(a)the right to place and retain any electric line above or below
ground across such land; and

(b)the right to carry out any works required for the purposes of
paragraph (a) on such land, including the right to excavate,
drain, remove or cover over any part of the soil of such land,
and to lop, cut or remove any trees, shrubs, growing crops or
vegetation of any kind on such land which obstruct or
interfere with any electric line; and

(c)the right to enter on and pass over or under such land with
such persons, animals, vehicles and equipment and to do all
such acts thereon as may be necessary for or incidental to the
exercise of any right conferred by this section,

but nothing in this section shall authorize the power company to place,
construct, erect or retain any permanent structure, pole, mast or pylon
on such land.

(2) In this section 'land' does not include unleased land within
the meaning of the Crown Land Ordinance which is not occupied under
Part II of that Ordinance.





5. (1) The rights conferred by section 4 shall not be exercisable in
or over any land by virtue of an order made under section 3 unless the
order is registered under the Land Registration Ordinance.

(2) It shall be the duty of the power company specified in an order
made under section 3 to register the order under the Land Registration
Ordinance not later than 14 days after the date of publication of the
order in the Gazette.

6. (1) Where an order made under section 3 is registered under the
Land Registration Ordinance, the power company specified in the order
shall, once in each of 2 consecutive weeks, publish in 2 Chinese
language newspapers and an English language newspaper an
advertisement containing the matters specified in subsection (2) in
respect of such order:

Provided that

(a)such period of 2 consecutive weeks shall, for the purposes of
this section, be deemed to commence on the date of
publication of the first such advertisement;

(b)the first such advertisement shall be so published not later
than 14 days after the date of registration of such order.

(2) An advertisement published under this section shall contain-

(a)a statement of. the fact that an order made under section 3 has
been registered under the Land Registration Ordinance;

(b)the number and date of the order, the date of registration and
the number of the memorial thereof,

(c) particulars of the land affected by the order;

(d)a statement of the rights exercisable in or over such land
under this Ordinance;

(e)the name and business address of the power company
specified in the order; and

(f) a statement that claims for compensation under section 10
may be submitted in writing to the company at that address
not later than 12 months after the date of registration of the
order and, if the parties fail to agree, to the Lands Tribunal for
final determination.

7. (1) The Governor may, at the request in writing (addressed to the
Secretary for Lands and Works)of a power company specified in an order
made under section 3, direct that the terms of the approved scheme in
respect of which the order is made





shall be rectified, modified or varied in such manner and to such extent
as may be agreed in writing by the company and the Secretary for Lands
and Works, and any such agreement shall be deposited in the Land
Office and annexed to the copy of the scheme deposited therein under
section 3(2). (Amended, L.N. 245/81)

(2) Where an agreement for the rectification, modification or
variation of the terms of an approved scheme is deposited in the Land
Office under subsection (1), the Governor may by order declare that,
subject to subsection (3), the approved scheme shall have effect
subject to such rectification, modification or variation, as the case may
be; and any reference in this Ordinance or any order thereunder to an
approved scheme shall be construed as including a reference to an
approved scheme as so rectified, modified or varied.

(3) Where the terms of an approved scheme are rectified, modified
or varied by an order made under subsection (2) in such manner or to
such extent that-

(a)any part of the route of the electricity network comprised in
the scheme is altered; or

(b) any reference therein to land is added or substituted,

the rights conferred by section 4 shall not be exercisable in or over any
land affected by the part of the route which is so altered or in respect of
which such reference is so added or substituted unless the order is
registered under the Land Registration Ordinance.

(4) Sections 5(2) and 6 shall apply in relation to the registration of
an order made under subsection (2) as they apply in relation to the
registration of an order made under section 3.

8. (1) Subject to this Ordinance, where-

(a) a power company specified in an order made under section 3
intends to carry out any works relating to the electricity
network in respect of which the order is made; and

(b) it is necessary for that purpose for the company's officers,
servants or agents or other persons authorized by the
company to enter on and cross over any land in order to gain
access to the site of such works,

the company, its officers, servants or agents or other persons
authorized by the compiny in that behalf may enter on and cross over
such land to and from such site with such persons, animals, vehicles
and equipment as may be necessary for or incidental to the carrying out
of such works.

(2) Nothing in this section n shall apply to unleased land within
the meaning of the Crown Land Ordinance which is not occupied under
Part 11 of that Ordinance.





9. (1) Subject. to this section, a power company shall, before
exercising any right conferred by section 4 or 8 in respect of any land,
serve notice of its intention to do so on the-owner of the land; and for
the purposes of this section notice shall be deemed to have been duly
served on the owner of land if, but only if-

(a) it is delivered to him; or

(b) it is sent by registered post addressed to him at his last postal
address known to the power company; or

(c) where the owner is not known or cannot be found or for any
reason it is not practicable to serve the notice in accordance
with paragraph (a) or (b), it is published-

(i) in the Gazette; and

(ii) in 2 Chinese language newspapers and an English
language newspaper,

not less than 30 days prior to the exercise of such right:

Provided that in the case of emergency, a power company
intending to exercise any such right in respect of any land may notify
the owner of such land of its intention in such manner as the power
company may deem practicable in the circumstances of the case, and
subsections (2), (3) and (4) shall hot apply to such case.

(2) Where the owner of any land on whom notice is served
by a power company under subsection (1) wishes to object to the
exercise by the power company of any rights to which the notice
refers, he shall, before the expiration of the period of such notice,
notify the power company in writing of his objection and the
grounds thereof, and the power company shall, unless the objection
is sooner withdrawn or resolved, deliver particulars in writing
thereof to the Secretary for Lands and M' not later than 14 days after
the expiration of such period.
(3) Where particulars of any objection are delivered to the Secretary for
Lands and Works under subsection (2), he may direct a public officer
to attend, within a period of not more than 30 days after the date of
delivery of such particulars, on the owner by
whom the objection is made and the power
company, respectively, and to receive and record
any representations as to the matters in dispute
put forward by the owner or the power company,
as the case may be, and to submit a report in
respect thereof for the consider ion qf the i
Secretary for Lands and Works.

(4) The Secretary for Lands and Works shall consider any objection of
which particulars are delivered to him under subsection (2) and any
report directed to be
submitted to him under subsection (3) in respect thereof, and shall give
such directions to the power company relating to the exercise by the
power company of any rights to which the objection relates as he may
deem proper having regard to the public interest and shall give notice of
such directions to the





owner concemed; and it shall be the duty of the power company and
the owner to comply with such directions.
(Aniended, L.N. 245/81)

10. (1) Where an order made under this Ordinance affecting
any land is registered by a power company under the Land Registra-
tion Ordinance, the company shall be liable to pay compensation to
the person who, at the date of registration of the order, is the owner
of the land in respect of any diminution of the value of his estate or
interest therein attributable to the registration of tlie order.

(2) Any person claiming to be entitled to be paid compensa-
tion by a power company under this section in respect of any
land may, not later than 12 months after the date of registration of
an order made under this Ordinance affecting such land. deliver
particulars of the claim in writing to the company.

(3) If, within a period of 28 days after the delivery of the
particulars of any claim to a power company under this section, the
claimant and the company fail to reach agreement in respect of the
company's liability, if any, under this section, the claimant may, not
later than 60 days after the expiration of that period, submit the
claim to the Lands Tribunal for determination.

(4) The Lands Tribunal shall have jurisdiction to determine
the amount of compensation, if any, payable in the case of any
claim submitted to the Tribunal under this section; and in the
application of the Lands Tribunal Ordinance to any such deter-
mination, section 11(1) of that Ordinance shall have effect as if
for paragraphs (a) and (b) thereof there were substituted the
words 'the amount of compensation payable in the case of any
claim submitted to it under section 10 of the Electricity Networks
(Statutory Easements) Ordinance'.

(5) In the determination of the amount of compensation, if
any, payable under this section, no compensation shall be given in
respect of-

(a) any expectancy or probability of the grant or renewal or
continuance by the Crown or any person of any licence,
permission, lease or permit whatsoever;

(b) any use of the land which is not in accordance with the
terms of the Crown lease under which the land is held.

(6) For the purposes of this section, 'value', in relation to any
land affected by an order made under this Ordinance, means the
open market value of the land assessed as at the date of registration
of the order.

11. (1) Subject to this section, nothing in thisOrdinance shall
affect the liability of any person in respect of any loss or damage
caused by or arising out of the exercise of any rights under this
Ordinance.





(2) Where by reason of the exercise by a power company of
any rights under this Ordinance in or over any land-

(a)any fixtures, growing crops, farm produce or plants on
such land are damaged; or

(b)in the case of land which is used exclusively for the pur-
pose of tillage, the use of such land for that purpose is
temporarily prevented or restricted to such extent as to
cause any loss,

the company shall be liable for such loss or damage notwith-
standing that the company acted with reasonable care or that the
loss or damage could not have been avoided without preventing or
hindering the exercise of such rights:

Provided that if the company proves that the loss or damage
resulted wholly or partially either from an act or omission done with
intent to cause any loss or damage by the person who suffered the
loss or damage or from the negligence of that person, the company
shall be exonerated wholly or partially from its liability to such
person.

(3) This section shall not apply in relation to any claim for
compensation in respect of the diminution of the value of any estate
or interest in land.

12. Any person who wilfully obstructs or interferes with the
lawful exercise by any power company or its officers or servants or
agents, or persons authorized by the company in that behalf, of any
rights exercisable by the company under this Ordinance in respect of
any land commits an offence and is liable to a fine of $5,000 and to
imprisonment for 6 months.
Provisions of Ordinance to apply to power company by order of Governor in Council. Statutory easements. (Cap. 28.) Easements not to have effect until order registered. (Cap. 128.) Registration of order to be advertised in press. (Cap. 128.) Rectification etc. of approved scheme. (Cap. 128.) Right of access over other land. (Cap. 28.) Restrictions on exercise of rights under section 4 or 8. Compensation for diminution of value of land. (Cap. 128.) (Cap. 17.) (Cap. 357.) Liability for loss or damage. Offence to obstruct power company.

Provisions of Ordinance to apply to power company by order of Governor in Council. Statutory easements. (Cap. 28.) Easements not to have effect until order registered. (Cap. 128.) Registration of order to be advertised in press. (Cap. 128.) Rectification etc. of approved scheme. (Cap. 128.) Right of access over other land. (Cap. 28.) Restrictions on exercise of rights under section 4 or 8. Compensation for diminution of value of land. (Cap. 128.) (Cap. 17.) (Cap. 357.) Liability for loss or damage. Offence to obstruct power company.

https://oelawhk.lib.hku.hk/items/show/3315

MONETARY STATISTICS ORDINANCE

LAWS OF HONG KONG

MONETARY STATISTICS ORDINANCE

CHAPTER 356





CHAPTER 356

MONETARY STATISTICS

To provide for the collection of statistical information from banks and
deposit-taking companies.

[8 December 1980.]

1. This Ordinance may be cited as the Monetary Statistics
Ordinance.

2. In this Ordinance, unless the context otherwise requires -

'bank' means a bank licensed under the Banking Ordinance;

'deposit-taking company' has the meaning assigned to it in section
2(1) of the Deposit-taking Companies Ordinance; (Replaced,
28 of 1981, s. 33)

'Secretary' means the Secretary for Monetary Affairs.

3. (1) Every bank and every deposit-taking company shall, within
14 days after the last day of each calendar month, submit to the
Secretary in a form specified by him a return setting out such statistical
information relating to the assets and liabilities of its offices and
branches as he may require for the purpose of measuring developments
in the monetary sector. (Amended, L.N. 259/80)

(2) In addition to any return required by subsection (1) the
Secretary may, by notice in writing, call upon any bank or deposittaking
companyAto submit to him, within a time and in a form specified in the
notice, such other return or such further or fuller return of statistical
information as he may require for the purpose of measuring
developments in the monetary sector.

(3) The Secretary may require any return or information submitted
to him pursuant to a requirement under this section to be accompanied
by a certificate of the auditors of the bank or deposittaking company o
whether or not, in the opinion of the auditors,
the return or information is correctly compiled from the books and
records of the bank or deposit-taking company.

4. (1) The Secretary and every person who is or has been
authorized by him to have access to returns and i information
submitted by banks and deposit-taking companies under this Ordinance
shall preserve and aid in preserving secrecy with regard to all such returns
and information.

(2) Neither the Secretary nor any other person shall disclose to any
unauthorized person any return or information submitted by any bank
or deposit-taking company under this Ordinance.





(3) Neither the Secretary nor any other person shall suffer or permit
any unauthorized person to have access to any return or information
submitted by any bank or deposit-taking company under this Ordinance.

(4) Except in respect of a prosecution under this Ordinance, no
return or information submitted by any bank or deposit-taking company
under this Ordinance shall be disclosed or used in any
proceedings, and neither the Financial Secretary nor the Secretary nor
any person who has been authorized to have access to any such return
or information shall be compellable in any proceedings to produce or
give evidence regarding any such return or information.

(5) Nothing in subsection (2) shall apply to the disclosure of
information-

(a) by the Secretary to the Financial Secretary;

(b) in the form of a summary of similar information provided by a
number of banks or deposit-taking companiehif the summary
is so framed as to prevent particulars relating to the business
of any particular bank or deposit-taking company
being ascertained from it; or

(c)to any court or magistrate for the purpose of proceedings
instituted for an offence under this Ordinance.

5. (1) Any person who contravenes section 4 commits an offence
and is liable on conviction to a fine of $50,000 and to imprisonment for 2
years.

(2) Any person who-

(a) refuses or fails to submit any return or information which he is
required to submit under this Ordinance; or

(b) wilfully or negligently makes any false return, or gives any
false information, or misleads or attempts to mislead the
Secretary,

commits an offence and is liable on conviction to a fine of $50,000 and
in the case of a continuing offence, to a further fine of $2,000 for every
day during which the offence continues.
Originally 35 of 1980. L.N. 259/80. 28 of 1981. L.N. 346/80. Short title. Interpretation. (Cap. 155.) (Cap. 328.) Returns. Secrecy. Offences.

Originally 35 of 1980. L.N. 259/80. 28 of 1981. L.N. 346/80. Short title. Interpretation. (Cap. 155.) (Cap. 328.) Returns. Secrecy. Offences.

https://oelawhk.lib.hku.hk/items/show/3314

PYRAMID SELLING PROHIBITION ORDINANCE

LAWS OF HONG KONG

PYRAMID SELLING PROHIBITION ORDINANCE

CHAPTER 355





CHAPTER 355

PYRAMID SELLING PRORMITION

To prohibit the promotion of pyramid selling schemes and to provide
for connected matters.

[1 September 1980.]

1. This Ordinance may be cited as the Pyramid Selling Prohibition
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'goods' includes all chattels personal and things in action;

'promote' means establish, advertise, manage or assist in the
management of a pyramid selling scheme;

'pyramid selling scheme' means a scheme whereby

a)a participant in the scheme is granted a licence or right to
introduce another participant into the scheme who is also
granted such licence or right and who may further extend the
chain of persons who are granted such licence or right,
notwithstanding that there may be a limitation to the number
of participants or that there may be any further conditions
affecting eligibility for such licence or right; and

(b)a participant receives a reward on, or at any time after, the
introduction into the scheme by him of another participant
which reward is based, whether wholly or in part, otherwise
than on the fair market value of goods or services actually sold
by him or by or through that other participant;

'reward' includes refund, commission, discount or allowance but does
not include payment for sales demonstration equipment and
materials supplied at not more than their fair market value and not
resold.

3. Any person who knowingly promotes a pyramid selling scheme
commits an offence and is liable on conviction upon indictment to a fine
of $100,000 and to imprisonment for 3 years.

4. (1) Where an ofrence under this Ordinance has been committed
by a body corporate or member of a body unincorporate, any person
who at the time of the offence
(a)in the case of a body corporate, was a director, secretary,
principal officer or manager of that body corporate; or

(b)in the case of a member of a body unincorporate, was a
partner or office holder in or a member or manager of that
body unincorporate,





or who, in either case, was acting or purporting to act in any such
capacity commits a like offence.

(2) Where any person referred to in subsection (1) is charged with
an offence under this Ordinance it shall be a defence for him to prove
that the offence was committed without his consent or connivance and
that he exercised such diligence to prevent the commission of the
offence as he ought to have exercised having regard to the nature of his
functions and to all other circumstances.

5. (1) Notwithstanding any provision in any other Ordinance, where
a person is convicted of an offence under this Ordinance the court may,
in addition to passing such sentence as may otherwise be passed by
law, order the person so convicted to pay to any person who has
suffered financial loss resulting from that ofrence, such amount as
compensation as it thinks reasonable.

(2) An amount ordered as compensation under subsection (1) shall
be recoverable as a civil debt by the person in whose favour the order is
made.

6. Nothing in this Ordinance shall prejudice the enforcement by any
person of any right or claim against any person ceasing to promote a
pyramid selling scheme by reason of this Ordinance.
Originally 25 of 1980. L.N. 196/80. Short title. Interpretation. Offence of promoting a pyramid selling scheme. Liability of directors, partners etc. Power to award compensation. Saving of rights and claims.

Originally 25 of 1980. L.N. 196/80. Short title. Interpretation. Offence of promoting a pyramid selling scheme. Liability of directors, partners etc. Power to award compensation. Saving of rights and claims.

https://oelawhk.lib.hku.hk/items/show/3313

WASTE DISPOSAL (LIVESTOCK WASTE) REGULATIONS

WASTE DISPOSAL (LIVESTOCK WASTE) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page
PART I

PRELIMINARY

1. Citation .............................A 2
2. Interpretation .......................A 2

PART II

CONTAINERS FOR LIVESTOCK WASTE

3. Containers for storage of livestock waste A 4
4. Containers for collection of livestock waste A 5
5. Containers to be kept in good repair .A 5
6. Containers to be used solely for waste A 5

PART III

PRECAUTIONS AGAINST DANGERS TO PUBLIC HEALTH
OR RisKs oF POLLUTION

7. Solid livestock waste ................A 5
8. Liquid livestock waste ...............A 6
9. Channels to be kept in good repair ...A 8

PART IV

OFFENCES, PENALTIES AND DEFENCES

10. Offiences ............................ A 8
11. Defences .............................A 8





WASTE DISPOSAL (LIVESTOCK WASTE) REGULATIONS]
(Cap. 354, section 33)
[11 March 1988]



PART I

PRELIMINARY

Citation

1. These regulations may be cited as the Waste Disposal (Livestock Waste)
Regulations.

Interpretation

2- In these regulations, unless the context otherwise requires

'channel' means a conduit, pipe, or trench used for the movement or passage of
liquid livestock waste in, on or outside livestock premises;

'collection container' means any container, bin or other receptacle provided .by the
collection authority, or a person licensed under section 10 of the Ordinance, at
a designated place of collection for the purpose of collecting livestock waste
generated or produced in or on livestock premises;

'collection vehicle' means any vehicle provided by the collection authority, or a
person licensed under section 10 of the Ordinance, designed or adapted for
the purpose of transporting livestock waste to a designated place of disposal;

llcompostinj means a natural, artificial, chemical or biological degradation process
whereby heterogeneous organic matter decomposes into simple or stable
compounds by the action of micro-organisms and 'composted' shall be
construed accordingly;

'designated place of collection' means a place designated by the Director as a
place where solid livestock waste generated or produced in or on livestock
premises is to be conveyed and collected for transportation to a designated
place of disposal;

'designated place of disposal' means a place designated by the Director as a place
to which livestock waste is to be transported for disposal, and includes a
livestock waste treatment plant not situated in or on livestock premises;

,,enclosure' means an area in or on livestock premises enclosed by a fixed structure
on at least 3 sides (with or without a doorway), roofed over and made of wood
or such other materials as the Director may approve;

'heterogeneous organic matter' includes solid livestock waste;





'in situ composting' means composting initiated or assisted by the movement of
livestock, machinery or other mechanical apparatus in or on those parts of
livestock premises in which livestock waste is generated or produced by that
livestock;

'liquid livestock waste' means

(a) the urine of any livestock; or

(b)any livestock waste which flows, spreads or otherwise behaves as a
liquid; or

(c)the mixture of any liquid with solid livestock waste whether or not that
liquid originates as livestock waste, has been treated under regulation 8(2)
or contains any solids in suspension; or

(d) any pigwash contaminated by livestock waste; or

(e)any liquid used to bathe or wash livestock contaminated with livestock
waste; or

any liquid used to wash or clean any livestock premises contaminated by
livestock waste;

'properly constructed' means properly constructed in accordance with a standard
specified in a Code of Practice relating to livestock waste and of such materials
and of such design or type as may be prescribed in that code;

'properly dried' means properly dried in accordance with a standard specified in a
Code of Practice relating to livestock waste;


public sewer' has the same meaning as it has in the Water Pollution Control
Ordinance (Cap. 358);

',saline waters' means the waters adjacent to the coast of Hong Kong;

'soakaway-pit' means a pit or sump properly constructed in or on livestock
premises for the purpose of allowing liquid livestock waste generated or
produced in or on those premises to percolate into the adjacent ground or
subsoil without any overload or overflow occurring, and includes any adits,
pipes or trenches used in conjunction therewith to increase the rate of
percolation;

,,solid livestock waste' means

(a)the man ure of any livestock, whether or not that manure has been mixed
with other materials or composted; or

(b)liquid livestock waste from which the liquid has been drained, separated
or removed; or

(c)the properly dried sludge or other solids produced by the treatment of
liquid livestock waste under regulation 8(2);

',storage bag' means any bag or other similar article of sufficient strength and
durability as the Director may approve provided by a livestock keeper for the
purpose of





(a)storing livestock waste generated or produced in or on livestock
premises by, or in connection with, poultry; and

(b) conveying that waste within those premises; or

(e)removing that waste from those premises on the sale or transfer of that
waste to any person,

but does not include any storage container;

',storage container' means any container, bin or other receptacle provided by a
livestock keeper for the purpose of-

(a)storing livestock waste generated or produced in or on livestock
premises; and

(b) conveying that waste to a designated place of collection;

'watercourse' means any brook, creek, drain (whether natural or man-made),
nullah, river or stream but does not include any channel or public sewer.

PART II

CONTAINERS FOR LIVESTOCK WASTE

Containers for storage of livestock waste

3. (1) A livestock keeper shall ensure that every storage container or
storage bag used, or intended for use, in or on his livestock premises in a
livestock waste control area is properly constructed and in particular is designed
to prevent so far as is'practicable-

(a)the spillage, leakage or escape of any livestock waste contained
therein; and

(b)any nuisance or annoyance to any person whether arising from
odours, insects, vermin or from any other cause in connection with
that waste.

(2) In the case of solid livestock waste, the livestock keeper shall ensure
that the storage containers referred to in paragraph (1)-

(a)according to the number and type of livestock kept in or on his
livestock premises, are of such number and of such capacity as the
Director may determine in accordance with a standard specified in a
Code of Practice relating to livestock waste; and

(b)are capable of holding all the solid livestock waste that may be
generated or produced in or on those premises during such period as
the Director may determine in accordance with a standard specified in
a Code of Practice relating to livestock waste.





Containers for collection of fivestock waste

4. The collection authority, or a person licensed under section 10 of the
Ordinance, shall ensure that every collection container used, or intended for use,
outside any livestock premises in a livestock waste control area is properly
constructed and in particular is designed to prevent so far as is practicable

(a)the spillage, leakage or escape of any solid livestock waste contained
therein; and

(b)any nuisance or annoyance to any person whether arising from odours,
insects, vermin or from any other cause in connection with that waste.

Containers to be kept in good repair

5. (1) A livestock keeper shall ensure that the storage containers referred to in
regulation 3 are kept in good order and repair and free from breaks, cracks, holes or
any other defects.

(2) The collection authority, or a person licensed under section 10 of the
Ordinance, shall ensure that the collection containers referred to in regulation 4 are
kept in good order and repair and free from breaks, cracks, holes or any other
defects.

Containers to he used solely for waste

6. (1) A livestock keeper shall ensure that the storage containers or storage
bags referred to in regulation 3 are used for the storage of livestock waste and for
no other purpose.

(2) The collection authority, or a person licensed under section 10 of the
Ordinance, shall ensure that the collection containers referred to in regulation 4 are
used for the collection of livestock waste and for no other purpose.

PART III

PRECAUTIONS AGAINST DANGERS TO PUBLIC HEALTH
OR RISKS OF POLLUTION

Solid livestock waste

7. (1) Any solid livestock waste generated or produced in or on any livestock
premises in a livestock waste control area shall

(a)in the case of livestock waste intended for use as fertilizer or soil
conditioner in landscaping schemes, agriculture, horticulture, forestry or
for the production of animal feedstulTs or fishmeal, be stored by the
livestock keeper in or on those premises

(i) in properly constructed enclosures used solely for composting or
drying that waste and designed to prevent so for as is practicable the
spillage, leakage or escape of that waste; or





(ii) where such waste is the subject of in situ composting, in or on
those properly constructed parts of the livestock premises in which that
waste is composted; and

(iii) in such manner as not to cause any nuisance or annoyance to any
person whether arising from odours, insects, vermin or from any other
cause in connection with that waste,

until such time as that waste is removed from those premises whether by
the livestock keeper or otherwise for such use or production; or

(b)in any other case, be carried or otherwise conveyed from those premises
by the livestock keeper to a designated place of collection in properly
constructed storage containers

(i) where pigs are kept in or on livestock premises, at least twice during
any period of 7 days; or

(ii) where poultry are kept in or on livestock premises, during such
period as the Director may determine in accordance with a standard
specified in a Code of Practice relating to livestock waste.

(2) The livestock keeper shall-

(a)empty the contents of the storage containers referred to in paragraph
(1)(b) into collection containers; and

(b)take all necessary precautions to prevent the spillage, leakage or escape
of such contents during that operation or whilst carrying or otherwise
conveying that waste to the designated place of collection in accordance
with paragraph (1)(b).

.(3) The collection authority, or a person licensed under section 10 of the
Ordinance, shall

(a)during such period as the director may determine in accordance with a
standard specified in a Code of Practice relating to livestock waste,
transfer the contents of the collection containers referred to in paragraph
(2)(a) into collection vehicles; and

(b)take all necessary precautions to prevent the spillage, leakage or escape
of such contents during that operation.

Liquid livestock waste

8. (1) Subject to paragraph (2), any liquid livestock waste generated or
produced in or on livestock premises in a livestock waste control area shall be
disposed of by the livestock keeper by discharging that waste

(a)in the case of liquid livestock waste intended for transportation to a
designated place of disposal

(i) along or through properly constructed channels to that designated
place of disposal; or

(ii) into a collection vehicle taking all necessary precautions to prevent
the spillage, leakage or escape of such waste during that operation; or





(b) in any other case-

(i) where those livestock premises are situated within, adjacent to, or in
the immediate vicinity of, gathering grounds within the meaning of the
Waterworks Ordinance (Cap. 102), into a soakaway-pit situated not less
than 30 metres from any reservoir, saline waters, spring, watercourse or
well for potable use; or

(ii) where those premises are not so situated within, adjacent to, or in the
immediate vicinity of, such gathering grounds, into a soakawaypit situated
not less than 30 metres (or such other distance in substitution for 30
metres, and subject to such conditions, as may be specified in writing by
the Director by reference to any particular livestock premises) from any
reservoir, saline waters, spring, watercourse or well for potable use.

(2) Without prejudice to any standard, prohibition, control or requirement
under the Waterworks Ordinance, any liquid livestock waste generated or produced
in or on livestock premises in a livestock waste control area and treated in a
livestock waste treatment plant situated in or on those premises to at least the
minimum standard referred to in paragraph (3) shall be disposed of by the livestock
keeper by discharging that liquid livestock waste

(a) into a soakaway-pit; or

(b) along or through properly constructed channels into(i) a public sewer; or
(ii) saline waters; or (iii) a watercourse,

situated in, on or outside those premises.

(3)(a) For the purposes of paragraph (2), the minimum standard to which
liquid livestock waste is to be treated is a biochemical oxygen demand not
exceeding 50 milligrams per litre of liquid livestock waste and a suspended
solids content not exceeding 50 milligrams per litre of that waste.

(b)The standard referred to in*sub-paragraph (a) shall be deemed to be
complied with if 2 out of 3 consecutive samples of liquid livestock waste
obtained by an authorized officer under paragraph 4 and section 23E of
the Ordinance are determined by the analyst referred to in that section to
meet that standard.

(4) The samples of liquid livestock waste referred to in paragraph (3)(b) shall
be obtained by the authorized officer from a point in, on or outside the livestock
premises in respect of which the waste is generated or produced, or as near to that
point as is practicable, where that waste discharges into

(a) a public sewer; or

(b) saline waters; or

(c) a watercourse,

as the case may be.





Channels to he kept in good repair

9. A livestock keeper shall ensure that the channels referred to in regulation 8
are kept in good order and free from breaks, cracks, holes or any other defects.

PART IV

OFFENCES, PENALTIES AND DEFENCES

Offences

10. (1) Any person who fails to comply with regulation 3,4,5,6, 7,8 or 9 commits
an ofrence and shall be liable to a fine of $5,000.

(2) Any person who

(a) discharges or causes or permits to discharge; or

(b) otherwise disposes of,

solid or liquid livestock waste into any channel, ditch, public sewer, reservoir, saline
waters, spring, watercourse, well for potable use or public place otherwise than in
accordance with Part III commits an offence and shall be liable to a fine of $5,000.

(3) If a person is convicted of an offence under this Part and that offence is a
continuing offence, such person shall, in addition to the penalties which may be
imposed under paragraph (1) or (2), be liable to a fine of $250 for each day on which
the offence continues.

Defences

11. In any proceedings for an offence under this Part it shall be a defence for
the person charged

(a) in the case of a failure to comply with regulation 8(2)

(i) that the commission of the offence was due to the breakdown of a
livestock waste treatment plant caused by circumstances beyond the
control of that person;

(ii) that the breakdown was reported to the Director within a period of
48 hours; and

(iii) that the person charged or any other person under his control took
all reasonable measures and exercised all due diligence to repair that plant
and to bring it back into operation; or

(b) in any other case

(i) that the commission of the offence was due to some cause beyond
his control; and

(ii) that he took all reasonable precautions and exercised all due
diligence to avoid the commission of such an offence by himself or any
other person under his control.

https://oelawhk.lib.hku.hk/items/show/3312

WASTE DISPOSAL ORDINANCE

LAWS OF HONG KONG

WASTE DISPOSAL ORDINANCE

CHAPTER 354





CHAPTER 354

WASTE DISPOSAL ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page

PART I

PRELIMINARY

1. Short title and commencement .............. ... ... ... ... ... ... ... 4

2. Interpretation ............................ ... ... ... ... ... ... ... 4

PART II

WASTE DISPOSAL
PLAN

3. Preparation of draft waste disposal plans ... .. ... ... ... ... ... ... ... 7

4. Representations concerning draft waste disposal plan ... ... ... ... ... ... 8

5. Submission of draft waste disposal plan to Governor in Council ... ... ... ... 8

6. Power of Governor in Council upon submission of draft waste disposal plan ... 8

7. Revision of waste disposal plans ........... ... ... ... ... ... ... 9

8. Collection authorities and waste disposal authorities to have regard to waste

disposal plans ........................... ... ... ... ... ... ... ... 9

PART III

COLLECTION OF
WASTE-

9. Provision of collection and scavenging services ... ... ... .. ... . ... ... 9

10. Licensing ofeollection and scavenging services ... ... ... ... ... ... ... 9

11. Prohibition of unauthorized collection of waste ... ... ... ... ... ... ... 9

12. Occupier of building may remove household waste in certain circumstances ... 10

13. Collection of trade waste, livestock waste or animal waste and removal of livestock

waste and animal waste ... ... ... ... ... ... ... ... ... ... ... ... 10

14. Property in collected waste, etc . ... ... ... ... ... ... ... ... ... ... ... 10

PART IIIA

CONTROL OF LIVESTOCK
WASTE

15. Prohibiting livestock ... ... ... ... ... ... ... ... ... ... ... ... ... 11

15A. Livestock waste controls ... ... ... ... ... ... ... ... ... ... ... ... 11

15B. Compensation for seizure of livestock ... ... ... ... ... ... ... ... ... 11







15C. Forfeiture of livestock ... ... ... ... ... ... ... ... ... ... ... ... ... 12

15D. Seizure of livestock ... ... ... ... ... ... ... ... ... ... 12

15E. Restriction on seizure of livestock ... ...---... ... ... ... ... ... ... 13





Section .........................Page
PART IV
DISPOSAL OF WASTE

16. Prohibition of unauthorized disposal of waste ... ... ... ... ... ... ... 14

17. Notice to be given before disposal of certain wastes ... ... ... ... ... ... 14

18. Penalties for offences under sections 16 and 17 and defences ... ... ... ... 14

19. Information as to waste delivered for disposal ... ... ... ... ... ... ... 15

20. Prohibition on import of waste into Hong Kong ... ... ... ... ... ... 15

PART V

LICENCES

21. Applications for and grant of licences .... ... ... ... ... ... ... ... 16

22. Effect of licences ..................... ... ... ... ... ... ... ... ... 16

23. General provisions as to licences ......... ... ... ... ... ... ... ... 16

PART VA

ENFORCEMENT

23A..............Authorized officers .......... ... ... ... ... ... - ... ... .. ... 17

23B.......................Power of authority to obtain information ... ... ... ... ... ... ... ... 18

23C. Powers of authorized officers to enter premises, etc. ... ... ... ... ... ... is

23D.....................Other powers of authorized officers ... ... ... ... ... ... ... ... ... 19

23E..............Analysis of samples .......... ... ... ... ... ... ... ... ... ... ... 19

23F.........................Offences in relation to enforcement powers ... ... ... ... ... ... ... 20

PART VI

APPEALS

24. When appeal may be brought ............. ... ... ... ... ... ... ... 21
25. Constitution of Appeal Board .............. ... ... ... ... ... ... ... 21

26. Exercise of Appeal Board's jurisdiction ... ... ... ... ... ... ... ... 22
27. Supplementary provisions as to Appeal Board ... ... ... ... ... ... ... 22

28. Review of Appeal Board's decision by Governor in Council ... ... ... ... 23

29. Case may be stated ..................... ... ... ... ... ... ... ... 23

PART VII

MISCELLANEOUS

30. Governor may give directions .............. ... ... ... ... ... ... ... 23

31. Mental Ingredient of offences under sections 11, 15, 15A, 16 and 17 ... ... ... 24
32. Protection of Crown, Urban Council, Regional Council, etc. ... ... ... 24

33. Regulations ............................... ... ... ... ... ... ... ... 24





Section Page
34. Environmental Pollution Advisory Committee... ... ... ... ... ... ... 25
35. Codes of Practice ... ... ... ... ... ... ... ... ... ... ... ... ... ... 25
36. Application of Ordinance to Crown ... ... ... ... ... ... ... ... ... ... 26
37. Amendment of Schedules ... ... ... ... ...... ... ... ... ... 26

First Schedule. Livestock Waste Prohibition Areas ... ... ... ... ... ... ... ... 27
Second Schedule. Livestock Waste Control Areas ... ... ... ... ... ... ... ... ... 28
Third Schedule. Enlarged Areas ... ... ... ... ... ... ... ... ... ... ... ... 29
Fourth Schedule. Exempt Persons ... ... ... ... ... ... ... ... ... ... ... ... 34





CHAPTER 354
WASTE DISPOSAL
rovidefor the collection and disposal of waste.

[Parts I, Ill and VI
Part V (other than sections 21(2)
and 22(2)) 19 May 1980.
Part VII (other than sections 33, 35
and 36(2) to (6))

Sections 33 and 35- 1 May 1985.]

PART I

PRELIMINARY

1. (1) This Ordinance may be cited as the Waste Disposal
Ordinance.

(2) This Ordinance shall come into operation on a day to be
appointed by the Governor by notice in the Gazette, and notice under
this section may appoint different dates for different provisions of this
Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'analyst' means the Government Chemist or any person appointed by
the Governor under section 23E(5); (Added, 58 of 1987, s.2)

animal waste' means

(a) the manure or urine of any animal; or

(b)any dead animal or any part of any dead animal not fit for, or
not intended for, human consumption; or

(c)any bedding, straw or other waste contaminated by the
manure or urine of any animal; (Replaced, 58 of 1987, s.2)

,,authorized officer' means a public officer authorized under section

23A;(Added, 58 of 1987, s. 2)





'Code of Practice' means any Code of Practice prepared or revised by
the Secretary for Healtly and Welfare under section 35; (Added,
58 of 198 7, s. 2) p

collection authority' means-

(a)in respect of the Urban Council area, the Urban Council and
the Director; (Amended, 8 of 1986, s. 8 and 58 of 1987, s. 2)

(b)in respect of the Regional Council area, the Regional Council
and the Director; (Replaced, 8 of 1986, s. 8. Amended, 58 of
1987, s. 2)

'Director' means the Director of Environmental Protection;

(Added, L.N. 74/86)

'enlarged area' means those parts of

(a) a livestock waste prohibition area; or

(b) a livestock waste control area,

specified in the third column of the Third Schedule by reference to
maps identified therein and signed by and deposited with the
Director, which abut or share a common boundary with one or
more livestock waste control areas; (Added, 58 of 1987, s. 2)

'exempt person' means any person or any classes of person specified
in the Fourth Schedule; (Added, 58 of 1987, s. 2)

'household waste' means waste produced by a household, and of a
kind that is ordinarily produced by a dwelling when occupied as
such;

'keep' includes breed, house, tend, look after or control and 'kept' and
'keeping' shall be construed accordingly; (Added, 58 of 1987, s. 2)

'lairage' means that part of a slaughterhouse or abattoir used for the
admission or confinement of animals; (Added, 58 of 1987, s.2)

'livdstock' means pigs or poultry; (Added, 58 of 1987, s. 2)

'livestock keeper' means

(a) an owner of livestock; or

(b)an owner, lessee or occupier or person responsible for the
management of livestock premises; or

(c)any person keeping livestock or having the custody or
possession of livestock; or

(d) any former livestock keeper,

but does not comprise exclusively any exempt person; (Added, 58
of 1987, s. 2)





'livestock premises' means

(a), any premises, buildings, land or land covered by water owned,
leased or occupied by a livestock keeper, his dependants or
employees for the purpose of keeping livestock and any
dwelling-place and ancillary buildings or structures connected
therewith;

(b)any other premises in or on which livestock are kept other
than any premises comprising any abattoir, slaughterhouse,
market, fresh provision shop, lairage or hatchery in which
poultry of not more than 12 days old are kept; and

(c) any former livestock premises; (Added, 58 of 1987, s. 2)

Iivestock waste' means animal waste produced by, or connected with,
livestock; (Added, 58 of 1987, s. 2)

'livestock waste control area' means a livestock waste control area
specified in the second column of the Second Schedule by
reference to maps identified therein and signed by and deposited
with the Director; (Added, 58 of 1987, s. 2)

'livestock waste prohibition area' means a livestock waste prohibition
area specified in the second column of the First Schedule by
reference to maps identified therein and signed by and deposited
with the Director; (Added, 58 of 1987, s. 2)

'livestock waste treatment plant' means a waste treatment plant at
which livestock waste is treated by biological, chemical, physical or
other means or any combination thereof in accordance with
regulations made under section 33; (Added, 58 of 1987, s.2)

'poultry' means chickens, ducks, geese, pigeons and quail;

(Added, 58 of 1987, s. 2)

'Regional Council area' has the meaning assigned to it in the District
Boards Ordinance; (Added, 8 of 1986, s. 8)

'relevant date' means

(a)in the case of a livestock waste prohibition area, the date
shown in the third column of the First Schedule in respect of
that area; or

(b)in the case of a livestock waste control area, the date shown in
the third column of the Second Schedule in respect of that
area; (Added, 58 of 1987, s. 2)

',slaughterhouse' and 'abattoir' has the meaning assigned to it in the
Public Health and Municipal Services Ordinance; (Added, 58 of
1987, s. 2)

',street waste' means dust, dirt, rubbish mud, road scapings or filth,
but does not include human excretal matter;

'trade waste' means waste from any trade, manufacture or business, or
any waste building or civil engineering materials, but does not
include animal waste;





'Urban Council area' has the meaning assigned to it in the District
Boards Ordinance; (Added, 8 of 1986, s. 8)

'waste' means any substance or article which is abandoned;

'waste collection licence' means a licence under section 10;

'waste disposal authority', in respect of all classes of waste, means the
Director; (Replaced, L.N. 74186)

'waste disposal licence' means a licence under section 16;

41waste treatment plant' means a plant at which waste is treated for the
purpose of removing therefrom (wholly or in part) pollutants
contained therein. (Added, 58 of 1987, s. 2)

(2) For the purposes of this Ordinance any substance or article
which is discarded or otherwise dealt with as waste shall be presumed
to be waste until the contrary is proved.

PART II

WASTE DISPOSAL PLAN

3. (1) The Secretary for Health and Welfare shall, after
consultation with the Environmental Pollution Advisory Committee, the
Urban Council in relation to the Urban Council area and the Regional
Council in relation to the Regional Council area, and having regard to
their views, prepare draft plans showing(Amended, L.N. 165/84 and 8
of 1986, s. 8)

(a)the arrangements made or proposed to be made for the
collection and disposal of

(i) all solid and semi-solid wastes other than those which
may be discharged into the atmosphere as particulates or
discharged into water as solids suspended in effluents; and

(ii) such other wastes, or classes of waste, as may be
prescribed; and

(b)all existing and proposed waste disposal sites and the
methods of waste disposal used or to be used at each site.

(2) Where the Secretary for Health and Welfare has prepared a
draft waste disposal plan under subsection (1) he shall publish in the
Gazette a notice in English and in Chinese

(a)giving particulars of the places and times at which a copy of
the draft plan may be inspected by the public; and

(b)specifying the time within which and the manner in which
representations concerning the draft plan may b ade

(3) Where the Secretary for Health and Welfare publishes a

notice under subsection (1) he shall not later than 7 days thereafter
publish a copy of the notice in 3 issues of 1 English language and of 2
Chinese language newspapers.





(4) A copy of the draft plan shall be available for inspection by
the public free of charge at such offices of the Government as the
Secretary for Health and Welfare thinks fit for a period of 45 days
from the date of publication of a notice under subsection (1) and
during the hours when those offices are normtalyl open to the public.

(5) The Secretary for Health and Welfare shall supply a copy
of the draft plan upon payment of such fee as may be prescribed.

(Amended, L.N. 244/81; L.Y 370/81 and L.N. 18/83)

4. (1) Any person wishing to make representations concern-

ing a draft waste disposal plan may, within a period of 45 days from
the date of publication of a notice under section 3(2), submit to the
Secretary for Health and Welfare his written resentations.


(2) The Secretary for Health and Welfare shall consider such

representations and may make any change to the draft plan which he
considers appropriate in consequence of the representations.

(Amended, L.N. 244/81; L.N. 370/81 and L.N. 18/83)

5. The Secretary for Health and Welfare shall, within 12

months from the last day of the period during which representations
may be made, submit the draft waste disposal plan to the Governor
in Council for approval and shall at the same time submit-

(a) a schedule of representations made under section 4: and

(b)a schedule of the changes made by him to the draft waste
disposal plan in consequence of the representations.

(Amended, L.N. 244/81; L.N. 370/81 and L.N. 18/83)

6. (1) Upon submission of a draft waste disposal plan under section
5, the Governor in Council shall

(a) approve the draft plan;

(b) refuse to approve it; or

(c) refer it back to the Secretary for Health and Welfare for
further consideration and amendment.

(2) Where the Governor in Council has either approved or refused
to approve a draft waste disposal plan, the Secretary for

Health and Welfare shall as soon as possible after such approval or
refusal give notice thereof in the Gazette of such approval or refusal; and
where the draft plan has been approved he shall also publish in the
Gazette a notice declaring the plan to be a waste disposal plan.

(3) A copy of any waste disposal plan shall be available for
inspection by the public free of charge at such offices of the
Government as the Secretary for Health and Welfare thinks
fit during the hours when the offices are normally open to the public

(4) The Secretary for Health and welfare shall supply a copy of any waste disposal
plan upon payment of such fee as may be prescribed.

(Amended, L.N. 244/81; L.N. 370/81 and L.N. 18/83)







7. The Secretary for Health and Welfare from time to time revise
any waste disposal plan and sections 3, 4, 5 and 6 shall apply to any
revision in like manner as they apply to a waste disposal plan.

(Amended, L.N. 244/81; L.N. 370/81 and L.N. 18/83)

8. In discharging their duties and functions under this Ordinance,
the collection authorities and the waste disposal authorities shall have
regard to the waste disposal plans.

PART III

COLLECTION OF WASTE

9. Subject to this Part, the collection authority may provide
services for

(a)the removal and disposal of household waste, street waste,
trade waste, livestock waste and animal waste; (Amended) 58
of 1987, s. 3)

(b) the cleansing and emptying of pail latrines;

(c) the descludging of aqua privies and septic tanks; and

(d)the removal and disposal of excretal matter from such latrines,
privies and tanks.

10. (1) Notwithstanding section 9, the collection authority may, by
licence, permit any person to provide services for all or any of the
matters referred to in that section.

(2) A licence under subsection (1) may specify the place and
method of disposal or may require that any waste or matter for disposal
be delivered to facilities provided by the collection authority or the
waste disposal authority.

(3) Where a licence under subsection (1) is granted by the Urban
Council as a collection authority, the fee for such licence shall be such
as the Urban Council may from time to time determine.

(4) Where a licence under subsection (1) is granted by the Regional
Council as a collection authority, the fee for such licence shall be such
as the Regional Council may from time to time determine. (Added, 8 of
1986, s. 8)

11. Subject to section 12, where in any area, the collection authority
has provided any services under section 9 or has, by licence under
section 10, permitted any other person to provide any of the services
specified in section 9, any person who, not being the holder of a licence
under section 10, provides any such services, that is to say any service
provided by the collection authority under section 9 or by any other
person under a licence under section 10, commits an offence and is liable
to a fine of $2,000.





12. (1) Notwithstanding section 11, it shall not be an offence under
that section for an occupier of any building, or any person responsible
for the management of any building, to remove household waste from
any building if

(a)the collection authority or any person holding a waste
collection licence neglects or fails for a period of 48 hours to
remove household waste for any building in respect of which
the authority or person provides that service under section 9 or
10; or

(b)no such service for the removal of household waste is
provided by a collection authority or a person holding a waste
collection licence.

(2) Any waste removed under subsection (1) may be disposed of
in any way permitted by law.

(3) Nothing in this section shall derogate from any regulations
made under section 15 of the Public Health and Municipal Services
Ordinance. (Amended, 10 of 1986, s. 32(1) )

13. (1) If the collection authority is requested by the owner or
occupier or person responsible for the management of any building or
land to remove any trade waste, livestock waste or animal waste, the
collection authority may remove it, and may recover from the person
requesting the removal a fee not exceeding the cost of removal and
disposal.

(2) The collection authority may by notice served on the owner or
occupier or person responsible for the management of any stable, cow-
house, pigsty, kennel, poultry farm or similar establishment require the
removal from the premises of livestock waste, animal waste, bedding,
straw or other waste.

(3) If, where a notice has been served under subsection (2), any
person, who is required by the notice to remove any livestock waste,
animal waste, bedding, straw or other waste from any premises specified
in the notice, fails to comply with that requirement, he commits an
offence and is liable to a fine of $2,000 and, in addition, if the offence is
a continuing offence to a fine of $200 for each day during which it is
proved to the satisfaction of the court that the offence has continued.

(Amended, 58 of 1987, s. 4)

14. All household waste, street waste, trade waste, livestock waste,
animal waste and any matter obtained from the cleansing and emptying
of pail latrines and the desludging of aqua privies and septic tanks,
collected by the collection authority in the operation of any service
provided under section 9 or section 13 or collected by a person licensed
by a collection authority under section 10 shall

(a)where the collection authority is the Urban Council, be the
property of the Urban Council;

(b)where the collection authority is the Regional Council, be the
property of the Regional Council; and (Replaced, 8 of 1986, s.
8)





(c)where the collection authority is the Director, be the property
of the Crown, (Added, 8 of 1986, s. 8)

and may be sold or disposed of by the Urban Council, the Regional
Council or the Director in such manner as the Urban Council, the
Regional Council or the Director, as the case may be, thinks fit.
(Amended, L.N. 67185; 8 of 1986, s. 8 and 58 of 1987, s. 5)

PART IIIA

CONTROL OF LIVESTOCK WASTE

15. (1) No person (other than an exempt person) shall keep
livestock in or on any premises in a livestock waste prohibition area
specified in the second column of the First Schedule after the relevant
date specified opposite thereto in the third column thereof.

(2) Any person who contravenes subsection (1) commits an
offence and is liable

(a) for a first ofrence, to a fine of $10,000; or

(b)for a second or subsequent ofrence, to a fine of $50,000; and

(c)in addition, if the offence is a continuing one, to a fine of $500
for each day on which it is proved to the satisfaction of the
court that the offence has continued.

15A. (1) No person (other than an exempt person) shall keep
livestock in or on any premises in a livestock waste control area
specified in the second column of the Second Schedule after the
relevant date specified opposite thereto in the third column thereof
unless that person complies with regulations made under section 33 in
relation to the collection, storage, treatment and disposal of livestock
waste generated or produced in or on livestock premises.

(2) Any person who contravenes subsection (1) commits an
ofrence and is liable to a fine of $10,000.

15B. (1) Where any livestock is seized

(a)in respect of an alleged contravention of section 15A(1) and
no person is subsequently convicted of an offence under that
subsection in relation to that livestock; or

(b) in contravention of section 15E(1),

and whether or not such livestock is subsequently released to the
owner of the livestock or the livestock keeper (other than the owner) on
the order of a magistrate or otherwise, the owner or person in lawful
possession of that livestock may within 6 months of such seizure or
later criminal proceedings (if any) apply to the District





Court or the High Court for compensation for any loss arising out of the
seizure, which loss shall be recoverable as a civil debt due from the
Government, and such application may be begun by motion.

(2) An award of compensation under subsection (1) shall be an
award of such sum, if any, as is just and equitable in all the
circumstances of the case, including the conduct and comparative
blameworthiness of

(a) the owner of the livestock;

(b) the livestock keeper (other than the owner);

(c)the person in charge of the livestock premises in or on which
the livestock was kept at the time of seizure; and

(d) the Director and any authorized officers concerned.

15C. (1) A court which convicts any person of an offence under
section 15 or 15A may, in addition to any other order that it makes, order
the forfeiture of any livestock in respect of which the offence is
committed.

(2) Where livestock in respect of which a person is convicted of an
offence under section 15 or 15A is sold or otherwise disposed of,
whether under section 15D(2) or otherwise, a court which subsequently
convicts any person who is the owner of the livestock of an offence
under section 15 or 15A may order

(a)in the case of a sale under section 15D(2), the forfeiture of a
sum of money equal to the balance referred to in section
15D(3); and

(b)in any other case, the forfeiture of a sum of money equal to
the value of the livestock at the time of its disposal.

15D. (1) Subject to section 15E, the Director may seize, detain and
dispose of any livestock that he has reasonable cause to suspect is
being kept in contravention of section 15 or 15A.

(2) Subject to subsection (4), where livestock is seized under
subsection (1) the livestock may be sold by the Director, whether or not
any person is prosecuted for, or convicted of, an offence under section
15 or 15A, and the proceeds of sale dealt with under subsection (3).

(3) Where livestock is sold under subsection (2) the proceeds of
sale shall be used to pay any costs incurred in the seizure, detention
and sale and the balance (if any)

(a) shall be paid to the person who-

(i) submits in writing to the Director within 28 days of the
sale a claim to such livestock; and

(ii) proves to the satisfaction of the Director that he was the
owner of the livestock at the time it was seized; or





(b)where it is not paid under paragraph (a), shall be forfeited
unless, within 2 months of the sale, a court otherwise orders
upon an application made by the Director or any person who
has an interest in the livestock.

(4) Where livestock seized under subsection (1) is of no
commercial value or the sale of the livestock is for any reason not
considered by the Director to be practicable the Director may order the
livestock to be destroyed or otherwise disposed of in such manner as he
thinks fit.

15E. (1) The Director shall not under section 15D(1) seize any
livestock that he has reasonable cause to suspect is being kept in
contravention of section 15A(1) unless he has first served on the owner
of the livestock or the livestock keeper (other than the owner) notice of
intended seizure in a form which the Director may specify and obtained
a warrant issued by a magistrate under -subsection (2) for that purpose.

(2) A magistrate may issue a warrant to the Director to seize
livestock that the Director has reasonable cause to suspect is being
kept in contravention of section 15A(1) if the magistrate is satisfied by
information on oath that there are reasonable grounds for seizing that
livestock.

(3) Where the Director seizes any livestock in accordance with a
warrant issued under subsection (2) he shall, if required, produce that
warrant.

(4) A notice under subsection (1) of intended seizure of any
livestock shall state

(a)the grounds upon which the Director seeks to rely in
reasonably suspecting that that livestock is being kept in
contravention of section 15A(1); and

(b)the date on which the Director intends to apply to a magistrate
for a warrant to seize that livestock being a date not less than 7
clear days following service of the notice.

(5) A notice under subsection (1) of intended seizure of any
livestock shall be deemed to have been duly served on the owner of the
livestock or the livestock keeper (other than the owner) if it

(a)is delivered to him, or to the person whom the Director believes
to be the owner or the livestock keeper; or

(b)is sent by recorded delivery to the livestock premises in or on
which the livestock the subject of the intended seizure is kept.

(6) The magistrate shall, before issuing a warrant under subsection
(2), give the owner of the livestock or the livestock keeper (other than
the owner) if present before him the opportunity of addressing him on
the reasonableness or otherwise of the grounds relied upon by the
Director under subsection (4)(a).

(Part IIIA added, 58 of 1987, s. 7)





PART IV

DISPOSAL OF WASTE

16. (1) Subject to subsection (2), a person shall not use, or permit
to be used, any land for the disposal of waste unless he has a licence
from the Director to use the land for that purpose. (Amended, L.N.
76/82 and L.N. 74/86)

(2) Subsection (1) shall not apply to the use of land for-

(a)the disposal of household waste from a private dwelling if the
disposal takes place within the curtilage of that dwelling;

(b)the disposal of waste if the land is used for tipping by the Civil
Engineering Services Department or such use is authorized by
the Director; (Amended, L.N. 76/82 and L.N. 127/86)

(c)the deposit of any inert matter used as landfIll (other than any
matter to which the Dangerous Goods Ordinance applies or
that is toxic);

(d)the deposit of any substance which is being used in the course
of agricultural or horticultural operations;

(e)the disposal of such other wastes, or classes of waste, or in
such circumstances as may be prescribed.

(3) Any person who contravenes subsection (1) commits an
offence.

(4) Where waste is disposed of on unleased land, as defined in the
Crown Land Ordinance, pursuant to a licence issued under section 5 of
that Ordinance, no licence under subsection (1) shall be required.

17. (1) Any person having in his possession waste of such a class
or of such a quantity as may be prescribed shall, before disposing of
that waste, give written notice to the Director of the class and quantity
of the waste, and shall not dispose of it except in accordance with
written directions given by the Director.

(2) Any person who-

(a)disposes of waste of such a class or of such a quantity as may
be prescribed without giving notice to the Director; or

(b)having given notice to the Director, disposes of that waste
otherwise than in accordance with directions given to him by
the Director,

commits an offence.

(Amended, L.N. 76/82 and L.N. 74/86)

18. (1) Any person who commits an offence under section 16 or 17
is liable





(a) for the first offence, to a fine of $50,000;

(b)for a second or subsequent offence, to a fine of $100,000; and

(c)in addition, if the offence is a continuing offence to a fine of
$500 for each day during which it is proved to the satisfaction
of the court that the offence has continued.

(2) A person does not commit an offence under section 16 or 17 if
he proves that the waste was disposed of in an emergency to avoid
danger to the public and as soon as was reasonably practicable he
informed the Director thereof in writing. (Amended, L.N. 76182 and L.N.
74186)

19. (1) The Director may require any WHO delivers to him for
disposal any waste (other than household waste) to state the nature of
the waste and to give such other information relating to the waste as the
Director may require. (Amended, L.N. 76/82 and L.N. 74/86)

(2) Any person who, in complying with a requirement under
subsection (1) makes any statement or gives any information which he
knows to be incorrect in a material particular or who recklessly makes a
statement or gives information which is incorrect in a material particular
or knowingly omits any material particular therefrom commits an offence
and is liable to a fine of $5,000.

20. (1) Any person who, without the permission of the Director,
imports into Hong Kong any waste for the purpose of disposing of it in
Hong Kong commits an offence and is liable to a fine of $50,000.

(2) Where a person is convicted of an offence under subsection (1)

(a) the Director may seize and dispose of the waste; or

(b)the court may order the convicted person, within a specified
time, to remove the waste from Hong Kong.

(3) A person who fails to comply with an order made under
subsection (2)(b) commits an offence and is liable to a fine of $50,000;
and, in the event of such failure to comply, the Director may seize and
dispose of the waste.

(4) Where the Director seizes and disposes of waste under this
section, he may recover, as a civil debt, the costs of seizure and
disposal from the importer of the waste or the owner of the waste.

(5) This section shall not apply to-

(a)any waste imported into Hong Kong for the purposes of any
manufacturing process;

(b)any waste imported into Hong Kong by a vessel, aircraft or
train for disposal in Hong Kong if such waste is incidental to or
derived from the normal operation of the vessel, aircraft or train
or its equipment.

(Amended, L.N. 76/82 and L.N. 74/86)





PART V

LICENCES

21. (1) A person who wishes to apply for a waste collection licence
shall apply to the collection authority in the prescribed form.

(2) A person who wishes to apply for a waste disposal licence shall
apply to the waste disposal authority in the prescribed form.

(3) An application under subsection (1) or (2) shall be accompanied
by the prescribed fee, the fee determined by the Urban Council under
section 10(3) or the fee determined by the Regional Council under
section 10(4), as the case may be. (Amended, 8 of 1986, s. 8)

(4) The appropriate licensing authority may either grant or refuse
to grant a licence.

(5) If he refuses to grant a licence, the licensing authority shall
within 30 days of such refusal notify the applicant in writing of his
refusal and shall inform him of his reasons therefor.

22. (1) A waste collection licence shall, subject to the terms and'
conditions thereof and during the period specified therein, authorize
and require, in relation to any area specified therein all or any of the
following

(a)the removal and disposal of household waste, street waste,
trade waste, livestock waste or animal waste; (Amended, 58 of
1987, s. 8)

(b) the cleansing and emptying of pall latrines;

(c) the desludging of aqua privies and septic tanks; and

(d)the removal and disposal of excretal matter from such latrines,
privies and tanks.,

which, but for such authorization, would be a contravention of section
11.

(2) A waste disposal licence shall, subject to the terms and
conditions thereof and during the period specified therein, authorize the
use of land for the disposal of waste, which, but for such authorization,
would be a contravention of section 16.

23. (1) A licence issued under this Ordinance shall be for such
period and may be subject to such terms and conditions as the
authority issuing the same thinks fit.

(2) Any licence issued under this Ordinance 'may, upon its expiry,
be renewed upon application and upon payment of the prescribed fee.

(3) Where a licence issued under this Ordinance is in force and the
authority by whom it was issued considers it necessary in the public
interest, the authority may, by notice in writing, to the holder of the
licence





(a) (i) impose new or amended terms or conditions subject

to the observance of which, as from a specified date, the
licence shall continue in force;

(ii) cancel the licence as from a specified date if the holder
fails to observe any such term or condition;

(b) cancel the licence as from a specified date;

(e)revoke or amend or add to any notice previously given under
this subsection, or any part of such notice.

(4) Subject to subsection (5), the date specified in a notice for the
addition. or amendment of any term or condition under paragraph (a)(i)
or (c) of subsection (3) or the cancellation of a licence under paragraph
(b) thereof shall be not less than 90 days after the day on which the
notice is given to the holder of the licence.

(5) Where in the opinion of the authority by whom a licence is
issued it is necessary to amend or add a term or condition under
paragraph (a)(i) or (ii) or (c) of subsection (3) or cancel a licence or
consent under paragraph (b) thereof because the continuation of the
activities to which the licence relates would cause a danger to public
health or would be so seriously detrimental to the amenities of the area
affected by the activities that the continuation of them ought not to be
permitted, he may exercise any of the said powers with effect from such
date as the circumstances may require and shall not be bound to comply
with subsection (4).

(6) Where a notice is given under subsection (4), the person to
whom the notice is given may, within the period of 30 days after such
notice is given, make written submissions to the authority by whom the
notice was issued as to why any new or amended terms and conditions
should not be imposed or as to why the licence should not be cancelled.

(7) The authority by whom a notice under subsection (4) is issued
and to whom written submissions are. made by any person under
subsection (6) may, after considering such submissions, by further
notice to the said person withdraw the notice at any time before it
comes into effect.

PART VA

ENFORCEMENT

23A. Any public officer may be authorized in writing by-

(a) the Director; or

(b) the collection authority; or

(c) the waste disposal authority,

to perform or exercise all or any of the functions. duties or powers which
are imposed or conferred by this Ordinance upon the Director, the
collection authority or the waste disposal authority, as the





case may be, by which the public officer is so authorized, or which by
virtue of this Ordinance may be exercised by an authorized officer.

23B. (1) By notice in writing served on any person-

(a) the collection authority; or

(b) the waste disposal authority,

may require that person to furnish to the authority so requiring,
within such time and in such form as is specified in the notice, any
information specified in the notice which that authority may
reasonably require for the purpose of exercising and performing its
functions, duties and powers under this Ordinance.

(2) A person who-

(a)fails without reasonable excuse to comply with any of the
requirements of a notice served on him under subsection
(1); or
(b)in purported compliance with such a notice, makes any
statement to the authority which he knows to be incorrect
in a material respect or recklessly makes any statement to
the authority which is incorrect in a material respect or
knowingly omits any material particular,

commits an offence and is liable to a fine of $10,000.

23C. (1) Subject to subsection (2), an authorized officer may,
for the purposes of this Ordinance, without a warrant enter any
place or premises, stop any vehicle, or stop and board any vessel if
he has reason to suspect that-

(a)the place, premises, vehicle or vessel is being used for, or in
connection with, the production, collection, storage, treat-
ment, transportation or disposal of any waste; or

(b)there is in the place, premises, vehicle or vessel any thing
likely to be, or to contain, evidence of an offence against
this Ordinance.

(2) An authorized officer shall not under subsection (1) enter
any domestic premises (other than that part of such premises in or
on which there is a waste treatment plant or facilities for the storage
of any waste) or board any vessel used wholly or principally for
dwelling purposes unless he has first obtained a warrant issued by a
magistrate under subsection (3) for that purpose.

(3) A magistrate may issue a warrant to any authorized officer
to enter domestic premises or to board any vessel used wholly or
principally for dwelling purposes if the magistrate is satisfied by
information on oath that there are reasonable grounds for suspect-
ing that-

(a)an offence against this Ordinance is being or has been
committed in or on those premises or on that vessel; and





(b)there is in or on those premises or on that vessel any thing
likely to be, or to contain, evidence of an offence against this
Ordinance.

(4) An authorized officer who enters any place or premises, stops
any vehicle or boards any vessel shall, if required

(a)produce evidence of his identity and of his authorization
under section 23A; and

(b)if a warrant is under this section required for entry, produce
that warrant.

23D. An authorized officer who has, pursuant to section 23C or any
warrant issued thereunder, entered any place or premises, stopped any
vehicle or boarded any vessel, or who has been allowed access to any
place, premises, vehicle or vessel in the course of his duties, may

(a)inspect therein any waste treatment plant or other plant or
equipment or observe any process or procedure which he has
reason to suspect is being, has been, or is intended to be,
used in connection with the collection, storage, treatment,
transportation or disposal of any waste;

(b)require the person in charge of the place, premises, vehicle or
vessel to do anything which the authorized officer reasonably
considers to be necessary for facilitating an inspection or
observation under paragraph (a);

(c)require the person in charge of the place, premises, vehicle or
vessel to produce for examination any drawing, record or
document which is in the possession of such person, or which
such person can reasonably obtain, relating to any waste
treatment plant or other plant or equipment inspected under
paragraph (a);

(d)seize, remove and detain any such drawing produced under
paragraph (c) or any other article or thing found therein if he
has reason to suspect that it is, or contains, evidence of an
ofrence against this Ordinance;

(e)examine and make copies of any records kept pursuant to any
requirement under this Ordinance or of any licence issued
thereunder;

(f) obtain samples of-

(i) any waste or any constituent of waste or of any matter
contaminated thereby; or

(ii) any waste which he has reason to believe may be
subject to disposal under section 17.

23E. (1) A certificate of analysis of a sample of any waste or other
matter obtained from any place, premises, vehicle or vessel under
section 23D(f) may be tendered in evidence in any proceedings under
this Ordinance and shall, until the contrary is proved, be





evidence of the facts stated therein if the procedure in this section
has been complied with, or substantially complied with so far as is
reasonably practicable, in relation to that sample.

(2) An authorized officer who obtains a sample of any waste
or other matter under subsection (1) shall-

(a) divide it into 3 approximately equal parts;

(b)place each part in a separate container and suitably mark
or label each container;

(c)ensure that the person in charge of the place, premises,
vehicle or vessel from which the sample is obtained or his
employee or agent-
(i) is handed one of the parts as that person or his
employee or agent may select or, if that is not reasonably
practicable, is handed or sent by post one of the parts as
the authorized officer may select; and
(ii) is informed that one of the other 2 parts is intended
to be submitted to the analyst for analysis; and

(d)personally submit one of the remaining 2 parts to the
analyst for analysis and retain the other.

(3) As soon as the analyst has completed an analysis under
subsection (2)(d) he shall furnish to the collection authority or the
waste disposal authority, as the case may be, and to the person in
charge of the place, premises, vehicle or vessel from which the
sample was obtained or his employee or agent, a certificate of the
results of the analysis.

(4) A certificate under subsection (3) shall be signed by the
analyst but the analysis may be made by a person acting under the
directions of the analyst and any certificate purporting to be signed
by the analyst shall be presumed, until the contrary is proved, to
have been signed by him.

(5) The Governor may, by notice published in the Gazette,
appoint any person to be an analyst for the purposes of this section.

23F. A person who-

(a) wilfully obstructs-
(i) a collection authority; or
(ii) a waste disposal authority; or
(iii) any authorized officer,

in the exercise of the authority's or the officer's powers or
duties under this Part; or

(b)fails without reasonable excuse to comply with any
requirement duly made under this Part by-
(i) a collection authority;
(ii) a waste disposal authority; or
(iii) any authorized officer; or





(e)in purported compliance with any such requirement produces
any drawing, document or record which he knows to be
incorrect or inaccurate in a material particular or does not
believe to be correct and accurate,

commits an offence and is liable to a fine of $10,000.

(Part VA added, 58 of 1987, s. 9)

PART VI

APPEALS

24. (1) A person who is aggrieved by a decision or direction of a
public officer or a collection authority or waste disposal authority under
any of the following provisions may appeal to the Appeal Board
established under section 25

(a) section 17(1) (directions as to disposal of waste);

(b)section 20(1) (refusing to give permission to import waste
into Hong Kong);

(c) section 21(4) (refusing to grant a licence);

(d) section 23(1) (fixing terms and conditions of licence);

(e)section 23(3)(a)(i) (imposing new or amended terms or
conditions for continuance of licence);

sections 23(3)(a)(ii) and 23(3)(b) (cancelling a licence);

(g)section 23(3)(c) (revoking, amending or adding to a notice).

(2) An appeal under subsection (1) shall be made within 21 days
after the person aggrieved has received notice of the decision or
direction.

(3) Where the decision appealed from was made under a provision
mentioned in subsection (1)(e), (f) or (g) the notice thereof shall be
suspended from the day on which notice of appeal is given and until the
appeal is disposed of, withdrawn or abandoned, unless

(a)the decision is considered by the authority whose decision it
is to be necessary because in relation to a licence to which the
notice relates the continuation of the activities to which the
notice relates would cause a danger to public health or be
seriously detrimental to the amenities of the area affected by
the activities; and

(b) the notice contains a statement to that effect.

25. (1) Every appeal under section 24 shall be determined by an
Appeal Board constituted under this Part.

(2) The Governor shall appoint as Chairman of Appeal Boards a
person who is qualified in law.





(3) Subject to section 27(3), the Chairman shall be appointed for a
term of 2 years but may be reappointed.

(4) The Governor shall also appoint a panel of persons whom he
considers to be suitable for appointment as members of an Appeal
Board pursuant to section 26(1).

(5) An appointment under subsection (2) and every appointment to
the panel under subsection (4) shall be notified in the Gazette.

(6) In subsection (2) and in section 27(1) 'qualified in law' means
qualified for appointment as a District Judge under section 5 of the
District Court Ordinance.

26. (1) The jurisdiction of an Appeal Board on any appeal or group
of appeals shall be exercised by the Chairman and such number of
persons from the panel referred to in section 25(4) as the Chairman may
appoint for that appeal or group of appeals.

(2) On any appeal an Appeal Board may confirm, reverse or vary
the decision or direction appealed from.

(3) Every question before an Appeal Board shall be determined by
the opinion of the majority of the Chairman and the members hearing the
appeal except a question of law which shall be determined by the
Chairman; in the event of an equality of votes the Chairman shall have a
casting vote.

(4) An Appeal Board shall not at any time consist of a majority of
persons who are public officers.

(5) An Appeal Board may-

(a) receive evidence on oath;

(b)admit or take into account any statement, document,
information or matter whether or not it would be admissible as
evidence in a court of law; and

(c)by notice in writing summon any person to appear before it to
produce any document or to give evidence.

(6) The Chairman may determine any form or matter of practice or
procedure in so far as no provision is made therefor in this Ordinance.

27. (1) If the Chairman is precluded by illness, absence from Hong
Kong or any other cause from exercising his functions the Governor
may appoint any other person qualified in law to act as Chairman and as
such to exercise and perform all of the powers, functions and duties of
the Chairman during the period of his appointment.

(2) If a person appointed by the Chairman under section 26(1) to
hear an appeal or group of appeals is precluded by illness, absence from
Hong Kong, or any other cause from exercising his functions, the
Chairman may appoint any other person from the panel provided for in
section 25(4) to act in his place.





(3) The Chairman may at any time resign his office by notice in
writing to the Governor.

(4) The hearing of an appeal may be continued notwithstan-
ding any change in the membership of an Appeal Board as if the
change had not occurred:

Provided that no person shall be appointed as a member of an
Appeal Board before which the hearing of an appeal has been
commenced without the consent of the parties.

28. (1) This section applies where-

(a)an Appeal Board has reversed or varied a decision or
direction of a public officer or a collection authority or
waste disposal authority; and

(b)that officer or authority considers that exceptional circum-
stances require the review of the Board's decision in the
public interest.

(2) The public officer or authority may, where this section
applies, within 14 days of being notified of a decision refer the case
for review by the Governor in Council.

(3) Where a public officer or authority has referred a case for
review under subsection (2), he shall forthwith notify the other party
in writing of the reference, giving his reasons for seeking the review
and inviting the other party, within 14 days of receiving the notice,
to submit written representations concerning the review for
consideration by the Governor in Council.

(4) Upon a reference under subsection (2) and upon the expiry
of the period of 14 days referred to in subsection (3) the Governor in
Council may review the case, considering any representations sub-
mitted under subsection (3) and may confirm, reverse or vary the
decision of the Appeal Board.

29. (1) The Chairman may of his own motion, before an
appeal is determined, refer any question of law to the Court of
Appeal by way of case stated.

(2) On the hearing of the case the Court of Appeal may amend
the case or order it to be sent back to the Appeal Board for
amendment.

PART VII

MISCELLANEOUS

30. (1) The Governor may give such directions as he thinks
fit, either generally or in any particular case, with respect to the
exercise or performance by any public officer of any powers,
functions or duties under this Ordinance.





(2) A public officer shall, in the discharge of his powers, functions
and duties under this Ordinance, comply with any directions given by
the Governor under subsection (1).

31. In any proceedings for an offence under section 11, 15. 15A, 16
or 17 it shall not be necessary for the prosecution to prove that the acts
or omissions in question were accompanied by any intention,
knowledge or negligence on the part of the defendant as to any element
of the ofrence.

(Amended, 58 of 1987, s. 10)

32. (1) No liability shall rest on the Crown, the Urban Council, the
Regional Council or upon any public officer by reason of the fact that
any waste collection or waste disposal licence is issued under this
Ordinance. (Amended, 8 of 1986, s. 8)

(2) A public officer shall not be personally liable in respect of any
act or omission of his if it was done or made by him in the honest belief
that it was required or authorized in exercise of any power, function or
duty of his under this Ordinance.

(3) The protection conferred on public officers by subsection (2) in
respect of any act or omission shall not in any way affect any liability of
the Crown, the Urban Council or the Regional Council for that act or
omission. (Amended, 8 of 1986, s. 8)

33. (1) The Governor in Council may after consultation with the
Environmental Pollution Advisory Committee, with the Urban Council in
respect of matters which the Urban Council has under this Ordinance a
duty to discharge or a function to fulfil and with the Regional Council in
respect of matters which the Regional Council has under this Ordinance
a duty to discharge or a function to fulfil by regulation provide for-
(Amended, L.N. 165184 and 8 of 1986, s.8)

(a)the additional wastes or classes of waste to which a draft
waste disposal plan under section 3 shall apply;

(b)the design and construction of containers or enclosures for the
storage of animal waste;

(ba) the capacity, design, type, number, construction and
materials used in the construction of containers provided in
or on livestock premises for the storage of livestock waste;
(Added, 58 of 1987, s. 11)

(bb) the capacity, design, type, number, construction and materials
used in the construction of containers provided outside
livestock premises for the collection of livestock waste;
(Added, 58 of 1987,s.M)

(c)the precautions to be taken to guard against dangers to public
health or risks of pollution arising from waste;

(d)the waste or classes of waste that may be disposed of under
section 16 without a licence;





(e)the class or quantity of waste in respect of which notice must
be given under section 17 before the waste can be disposed
and any exceptions or exemptions from the requirement to give
such notice;

the capacity, design, construction and materials to be used in
the construction of containers holding beverages or fluids;

(g)prohibiting the distribution of containers or any class of
container which do or does not comply with such requirements
as may be prescribed under paragraph (f), and without
prejudice to the generality of the foregoing, such prohibition
may be by reference to--

(i) the type of container;
(ii) the date of distribution;

(iii) place of distribution by retail sale; (iv)
the type of beverage or fluid;

(v) the source of the container;

(h)the treatment or reprocessing of such classes of waste as may
be prescribed;

(i)any fees and charges payable under this Ordinance (other than
any fee determined by the Urban Council.under section 10(3) or
by the Regional Council under section 10(4) ); (Amended, 8 of
1986, s. 8)

(j)the charges payable to the Director for the disposal of any
waste or class of waste; (Amended, L.N. 76182 and L.N.
74186)

(k)prescribing anything which is to be or may be prescribed by
regulations.

(2) Regulations made under this section may provide that a
contravention of specified provisions thereof shall be an ofrence and
may provide penalties therefor not exceeding a fine of $5,000 and
imprisonment for 6 months.

34. If any question arises as to who are the body of persons for the
time being constituting the Environmental Pollution Advisory
Committee mentioned in section 33 the matter shall be referred to the
Chief Secretary who shall determine the question by certificate under his
hand.

(Amended, L.N. 165/84)

35. (1) The Secretary for Health and Welfare may, after

consultation with the Environmental Pollution Advisory Com-
mittee, prepare and revise Codes of Practice giving guidance and
directions as to the collection, storage, treatment, transportation
and disposal of waste. (Amended, L.N. 244/81; L.N. 370/81; L.N.
18/83; L.N. 165/84 and 58 of 1987, s. 12)





(2) A failure on the part of any person to observe any Code of
Practice issued under subsection (1) shall not of itself render that
person liable to criminal proceedings of any kind but any such
failure may, in any proceedings whether civil or criminal and
including proceedings for an offence under this Ordinance, be relied
upon as tending to establish or to negative any liability which is in
question in those proceedings.

36. (1) Subject to this section, this Ordinance shall bind the
Crown.

(2) Sections 16, 17, 19 and 20 shall not have effect to permit
proceedings to be taken against, or to impose any criminal liability
on, the Crown or any person who does any act which he is required
to do in the course of carrying out his duties in the service of the
Crown.

(3) If it appears to the Director that there has been a con-
travention of section 16, 17, 19 or 20 by any person in the course of
carrying out his duties in the service of the Crown, he shall, if the
contravention is not forthwith terminated to his satisfaction, report
the matter to the Chief Secretary. (Amended, L.N. 76/82 and L.N.
74/86)

(4) On receipt of a report under subsection (3) the Chief
Secretary shall enquire into the circumstances and, if his enquiry
shows that a contravention of section 16, 17, 19 or 20 is continuing
or likely to recur, he shall ensure that the best practicable steps are
taken to terminate the contravention or avoid the recurrence.

(5) Any notice or application under this Ordinance concerning
a deposit or disposal of waste which is to be, or may be, given or
made by or on behalf of the Crown may be given or made by any
public officer on behalf of the Crown.

(6) Any notice or application under this Ordinance concerning
a deposit or discharge of waste which is to be, or may be, given to the
Crown shall be given to the principal officer of the appropriate waste
disposal authority which appears to be responsible for the deposit or
disposal or, in the event of any question arising as to which waste
disposal authority is responsible, to such public officer as the Chief
Secretary shall determine.

(7) No fee or charge prescribed for the purposes of this
Ordinance shall be payable by the Crown.

37. (1) The Governor in Council may, by notice published
in the Gazette, amend the Schedules.

(2) The Governor may, by notice published in the Gazette,
amend the relevant dates specified in the First and Second
Schedules.
(Added, 58 of 1987, s. 13)





FIRST SCHEDULE [ss. 2,15(1), 37 &
Third Schedule.]

LIVESTOCK WASTE PROHIBITION
AREAS

Item Description Relevant Date

Urban Council area

1. The Urban Council area and that part of Sai Kung 24 June 1988
district delineated on a map dated 14 October 1987
numbered LW/50/2 (Edition 2) described as 'URBAN
COUNCIL AREA' and identified by the numbers CD
and CD thereon.

Regional Council area

2. Those parts of Sha Tin and Tai Po districts delineated on 24 June 1988
a map dated 14 October 1987 numbered LW/50/2 (Edi-
tion 2) described as 'SHA TIN NEW TOWN AND
ENVIRONS' and identified by the number 0 thereon.
3. That part of Tai Po district delineated on a map dated 14 24 June 1988
October 1987 numbered LW/50/2 (Edition 2) described
as 'PART OF TAI PO NEW TOWN' and identified by
the number a thereon
4. Those parts of Tsuen Wan and Kwai Tsing districts 24 June 1988
delineated on 2 maps dated 14 October 1987 numbered
LW/50/1 (Edition 2) and LW/50/2 (Edition 2) described
as 'PART OF TSUEN WAN AND KWAI TSING
NEW TOWNS' and identified by the number (3)
thereon
5. That part of Tuen Mun district delineated on a map 24 June 1988
dated 14 October 1987 numbered LW/50/1 (Edition 2)
described as 'PART OF TUEN MUN NEW TOWN-
and identified by the number (D thereon.
6. That part of North district delineated on a map dated 14 24 June 1988
October 1987 numbered LW/50/2 (Edition 2) described
as 'PART OF FANLING AND SHEUNG SHUI
NEW TOWNS' and identified by the number
thereon.
7. Those parts of Yuen Long district delineated on a map 24 June 1988
dated 14 October 1987 numbered LW/50/1 (Edition 2)
described as 'PART OF YUEN LONG NEW TOWN
AND TIN SHUI WAI NEW TOWN' and identified by
the number @ thereon.
8. That part of Sai Kung district delineated on a map dated 24 June 1988
14 October 1987 numbered LW/50/2 (Edition 2)
described as 'PART OF JUNK BAY NEW TOWN'
and identified by the number thereon.

Note:
The precise location of livestock premises situated in the vicinity of a common
boundary between-

(a)a livestock waste prohibition area and one or more livestock waste control
areas; or

(b)a livestock waste control area and one or more other livestock waste
control areas,

may be determined by reference to a map or maps comprising the relevant
enlarged area specified in the Third Schedule and identified in that Schedule.

(Added, 58 of 1987, s. 14)











SECOND SCHEDULE

LIVESTOCK WASTE CONTROL
AREAS

Item Description

Regional Council area

1 Those parts of North, Tai Po and Yuen Long districts
delineated on 2 maps dated 14 October 1987 numbered
LW/5011 (Edition 2) and LW/5012 (Edition 2)
described as 'RIVER INDUS AREA' and identified by
the number no thereon

2.Those parts of Tai Po, Sha Tin, North, Tsuen Wan,
Kwai Tsing, Sai Kung and Yuen Long districts
delineated on a map dated 14 October 1987 numbered
LW/50/2 (Edition 2) described as '70LO HARBOUR
AND TOLO CHANNEL AREA' and identified by the
number F11 thereon.

3.That part of Tsuen Wan district delineated on a map
dated 14 October 1987 numbered LW/50/1 (Edition 2)
described as '7IU YUE WAN (ANGLER'S BEACH)
AND ENVIRONS' and identified by the number 11
thereon.

4. That part of Islands district delineated on a map dated
14
October 1987 numbered LW/50/1 (Edition 2) described
as 'MUI WO- ENVIRONS' and identified by the num-
ber IT B1 thereon.

5.Those parts of North and Yuen Long districts
delineated on 2 maps dated 14 October 1987 numbered
LW/50/1 (Edition 2) and LW/50/2 (Edition 2)
described as 'UPPER SHAM CHUN (SHENZHEN)
RIVER AREA' and identified by the number n2 thereon.

6.Those parts of Tsuen Wan, Tuen Mun, Kwai Tsing and
Yuen Long districts delineated on 2 maps dated 14
October 1987 numbered LW/50/1 (Edition 2) and
LW/50/2 (Edition 2) described as '7SUEN WAN
ENVIRONS, LIU TO VILLAGE & ENVIRONS AND
TAI LAM CHUNG AREA' and identified by the
number n3 thereon.

7.Those parts of Tuen Mun and Yuen Long districts
delineated on a map dated 14 October 1987 numbered
LW/50/1 (Edition 2) described as 'TUEN MUN
ENVIRONS' and identified by the number g thereon.

8.Those parts of Tuen Mun and Yuen Long districts
delineated on a map dated 14 October 1987 numbered
LW/50/1 (Edition 2) described as 'CORRIDOR
BETWEEN TUEN MUN AND YUEN LONG' and
identified by the number 15 thereon.

9.Those parts of Yuen Long and Tuen Mun districts
delineated on a map dated 14 October 1987 numbered
LW/50/1 (Edition 2) described as 'YUEN LONG
ENVIRONS' and identified by the number 16 thereon.

10.Those parts of Yuen Long, Tuen Mun and Tsuen Wan






districts delineated on 2 maps dated 14 October 1987
numbered LW/50/1 (Edition 2) and LW/50/2 (Edition
2) described as 'KAM TIN RIVER AREA' and
identified by the number 17 thereon.

11.That part of Yuen Long district delineated on a map
dated 14 October 1987 numbered LW/50/1 (Edition 2)
described as '7IN SHUI WAI ENVIRONS' and identified
by the number 18 thereon.





Item Description Relevant Date

Regional Council area

12. Those parts of Yuen Long, North and Tuen Mun 1 June 1993
districts delineated on a map dated 14 October 1987
numbered LW/50/1 (Edition 2) described as 'SAN TIN
AREA AND LAU FAU SHAN ENVIRONS' and
identified by the number 19 thereon.

13. That part of Sai Kung district delineated on a map 1 June 1993
dated 14 October 1987 numbered LW/50/2 (Edition 2)
described as 'MAU WU TSAI VILLAGE AND ENVI-
RONS' and identified by the number 20 thereon.

14. Those parts of Sai Kung, Tai Po and Sha Tin districts 1 June 1994
delineated on a map dated 14 October 1987 numbered
LW/50/2 (Edition 2) described as 'SAI KUNG AREA'
and identified by the number 21 thereon.

15. That part of Sai Kung district delineated on a map 1 June 1994
dated 14 October 1987 numbered LW/50/2 (Edition 2)
described as 'JUNK BAY ENVIRONS' and identified
by the number 22 thereon.

16. Those parts of Islands, Tsuen Wan, Sai Kung, Tai Po 1 June 1995
and Tuen Mun districts delineated on 2 maps dated
14 October 1987 numbered LW/50/1 (Edition 2) and
LW/50/2 (Edition 2) described as 'OUTLYING
ISLANDS' and identified by the number 23 thereon.

17. Those parts of Tai Po and Sai Kung districts delineated 1 June 1995
on a map dated 14 October 1987 numbered LW/50/2
(Edition 2) described as 'LONG HARBOUR AREA'
and identified by the number 24 thereon.

18. Those parts of North and Tai Po districts delineated on a 1 June 1995
map dated 14 October 1987 numbered LW/50/2 (Edition
2) described as 'STARLING INLET AREA' and iden-
tified by the number 25 thereon.

Note:

The precise location of livestock premises situated in the vicinity of a common
boundary between

(a)a livestock waste prohibition area and one or more livestock waste control
areas; or

(b)a livestock waste control area and one or more other livestock waste
control areas,

may be determined by reference to a map or maps comprising the relevant
enlarged area specified in the Third Schedule and identified in that Schedule.

(Added, 58 of 1987,s. 14)

THIRD SCHEDULE [ss. 2, 37 &
First and Second
Schedules.]
ENLARGED AREAS

Area Livestock Waste
No. Prohibition Area Description of Enlarged Area
l & 2 Urban Council Area Those parts of area No. 1 and area






No. 2 delineated on 8 maps dated 12
June 1987 or 14 October 1987** and
numbered as follows-





Area Livestock Waste
No. Prohibition Area Description of Enlarged Area

(a) LW/7-SE-C;

(b) LW/1 I-NW-A (Edition 2)**;
(c) LW/11-NW-B;
(d) LW/ 11 -NE-A;
(e) LW/11-NE-B;
(f) LW/ 11 -NE-D;
(g) LW/11-SE-B;
(h) LW/20/10**.

3 Sha Tin New Town and Those parts of area No. 3 delineated

Environs on 8 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/7-NE-C (Edition 2)**;
(b) LW/7-NE-D;
(c) LW/7-SW-B;
(d) LW/7-SW-D;
(e) LW/7-SE-A;
(j) LW/7-SE-B;
(g) LW/7-SE-C;
(h) LW/ 11 -NW-B

4 Part of Tai Po New TownThose parts of area No. 4 delineated

on 3 maps dated 12 June 1987 and
numbered as follows-
(a) LW/3-SW-13;
(b) LW/7-NW-B;
(c) LW/7-NE-A,

5 Part of Tsuen Wan and Those parts of area No. 5 delineKwai Tsing New Townson 6 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows

(a) LW/6-SE-C**;
(b) LW/6-SE-D;
(c) LW/7-SW-C;
(d) LW/10-NE-B;
(e) LW/ 11 -NW-A (Edition
2)**;
U) LW/20/10**.

6 Part of Tuen Mun New Those parts of area No. 6 delineated

Town on 7 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-

(a) LW/5-NE-D;
(b) LW/5-SE-B;
(c) LW/S-SE-D;
(d) LW/6-NW-C (Edition 2)**;
(e) LW/6-SW-A;
(j) LW/6-SW-C
(g) LW/6-SW-D (Edition 2)**.

7 Part of Fanling and Those parts of area No. 7 delineated


Sheung Shui New Townson 3 maps dated 12 June 1987 and
numbered as follows

(a) LW/2-SE-B;

(b) LW/3-SW-A;
(c) LW/3-SW-C

8 Part of Yuen Long New Those parts of area No. 8 delineated

Town and Tin Shui Wai on 2 maps dated 12 June 1987 and

New Town numbered as follows-
(a) LW/6-NW-A;
(b) LW16-NW-B.

9 Part of Junk Bay New Those parts of area No. 9 delineTownon 4 maps dated 12 June 1987 and
numbered as follows





Area Livestock Waste
No. Prohibition Area Description of Enlarged Area

(a) LW/11-NE-B;
(b) LW/11-NE-D;
(e) LW/12-NW-Q
(d) LW/12-SW-X

Area Livestock Waste
No. Control Area Description of Enlarged Area
10 River Indus AreaThose parts of area No. 10 delineated
on 13 maps dated 12 June 1987 and
numbered as follows-
(a) LW/2-NE-D;
(b) LW/2-SE-B;
(c) LW/2-SE-D;
(d) LW/3-NW-D;
(e) LW/3-NE-Q
(f) LW/3-SW-A;
(g) LW/3-SW-B;
(h) LW/3-SW-Q
(i) LW/3-SW-13;
(j) LW/3-SE-A;
(k) LW/3-SE-Q
(1) LW/6-NE-B;
(m) LW/7-NW-B.
11 Tolo Harbour and Tolo Those parts of area No. 11 delineated
Channel Area on 28 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/3-SW-Q
(b) LW/3-SW-D;
(c) LW/3-SE-A;
(d) LW/3-SE-11;
(e) LW13-SE-Q
(f) LW/4-SW-A;
(g) LW/6-NE-B;
(h) LW/6-NE-D-
(i) LW/7-NW-~.,
(j) LW/7-NW-Q
(k) LW/7-NE-A;
(1)LW/7-NE-C (Edition 2)**;
(m) LW/7-NE-13;
(n) LW/7-SW-B;
(o) LW/7-SW-Q
(p) LW/7-SW-1);
(q) LW17-SE-A;
(r) LW/7-SE-11;
(s) LW/7-SE-Cl.
(t) LW/7-SE-13;
(u) LW/8-NW-11;
(v) LW/8-NW-Q
(w) LW/8-SW-A;
(x)LW/ 11 -NW-A (Edition
2)**;
(y) LW/11-NW-11;
(z) LW/ 1 I-NE-A;
(aa) LW/20/4;
(ab) LW/20/8.
IIA Tiu Yue Wan (Angler's Thoseparts of area No. IIA de-
Beach) and Environs lineated on 3 maps dated 14 October
1987** and numbered as follows-
(a)LW16-SE-A (Edition 2)**;
(b)LW/6-SE-B (Edition 2)**;
(c) LW/6-SE-C**.

IIB Mui Wo EnvironsThose parts of area No. 11B
delineated on 4 maps dated 14
October 1987** and numbered as
follows





Area Livestock Waste
No. Control Area Description of Enlarged Area

(a) LW/10-SW-A**;
(b) LW/10-SW-C**;
(e) LWII0-SW-13**;
(d) LW/20/10**.

12 Upper Sham Chun (Shen- Those parts of area No. 12 delineated
zhen) River Area on 7 maps dated 12 June 1987 and
numbered as follows-
(a) LW/2-NE-13;
(b) LW/2-SE-B;
(c) LW/3-NW-D;
(d) LW/3-NE-A;
(e) LW/3-NE-Q
(f) LW/3-SW-A;
(g) LW/3-SW-B.
13 Tsuen Wan Environs, Liu Those parts of area No. 13 delineated
To Village and Environs on 13 maps dated 12 June 1987 or 14

and Tai Lam Chung Area October 1987** and numbered as
follows-
(a) LW/6-NE-Q
(b) LW/6-NE-13;
(c) LW/6-SW-B;
(d) LW/6-SW-13 (Edition 2)**;
(e) LW/6-SE-A (Edition 2)**;
(f) LW/6-SE-B (Edition 2)**;
(fa) LW/6-SE-C**;
(g) LW/6-SE-D;
(h) LW/7-NW-Q
(i) LW/7-SW-Q
(j) LW/10-NE-B;
(k) LW/1 I-NW-A (Edition 2)**;
(1) LW/20-10**.

14 Tuen Mun Environs Those parts of area No. 14 delineated
on 8 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/5-NE-D;
(b) LW/5-SE-B;
(c) LW/5-SE-D;
(d) LW/6-NW-C (Edition 2)**;
(e) LW/6-SW-A;
(f) LW/6-SW-13;
(g) LW/6-SW-Q
(h) LW/6-SW-13 (Edition 2)**.
15 Corridor between Tuen Those parts of area No. 15 delineated
Mun and Yuen Long on 5 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/6-NW-A;
(b) LW/6-NW-13;
(c) LW/6-NW-C (Edition 2)**;
(d) LW/6-SW-A;
(e) LW/6-SW-B.
16 Yuen Long Environs Those parts of area No. 16 delineated
on 6 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/6-NW-B;
(b) LW/6-NW-C (Edition 2)**;
(c) LW/6-NE-Q






(d) LW/6-SW-A;
(e) LW/6-SW-B;
(f) LW/6-SE-A (Edition 2)**.





Area Livestock Waste
No. Control Area Description of Enlarged Area
17 Kam Tin River Area Those parts of area No. 17 delineated
on 8 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/2-SE-D;
(b) LW/6-NW-11;
(e) LW/ 6-NE-B;
(d) LW/6-NE-Q
(e) LW/6-NE-D;
(f) LW16-SE-A (Edition 2)**;
(g) LW/6-SE-13 (Edition 2)**;
(h) LW/7-NW-C.

18 Tin Shui Wai Environs Those parts of area No. 18 delineated
on 3 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW16-NW-A;
(b) LW/6-NW-11;
(c) LW/6-NW-C (Edition 2)**.

19 San Tin Area and Lau Fau Those parts of area No. 19 delineated
Shan Environs on 10 maps dated 12 June 1987 or 14
October 1987** and numbered as
follows-
(a) LW/2-NE-D;
(b) LW/12-SE-13;
(c) LW/2-SE-13;
(d) LW/5-NE-13;
(e) LW/5-SE-II;
(f) LW/5-SE-13;
(g) LW/6-NW-A;
(h) LW/6-NW-B,.
(i) LW/6-NW-C (Edition 2)**;
(j) LW16-NE-B.

20 Mau Wu Tsai Village and That part of area No. 20 delineEnvironson a map dated 12 June 1987 and
numbered L21 Sai Kung AreaThose parts of area No. 21 delineated
on 10 maps dated 12 June 1987 and
numbered as follows

(a) LW/7-SE-11;
(b) LW/7-SE-Q
(c) LW/7-SE-13;
(d) LW18-NW-Q
(e) LW/8-SW-A;
(f) LW/ 11 -NE-A;

(g) LW/ 11 -NE-B;
(h) LW/12-NW-Q
(i) LW/12-SW-A;

(j) LW/20/8.

22 Junk Bay Environs Those parts of area No. 22 delineated
on 6 maps dated 12 June 1987 and
numbered as follows-

(a) LW/11-NE-A;






(b) LW/ 11 -NE-B;
(c) LW/ 11 -NE-D;
(d) LW/11-SE-B;
(e) LW/12-NW-Q
(j) LW/12-SW-A.

23 Outlying Islands Those parts of area No. 23 delineated

on 4 maps dated 14 October 1987**
and numbered as follows

(a) LW/10-SW-A**;
(b) LW/10-SW-C**;





Area Livestock Waste

No. Control Area Description of Enlarged Area

(c) LW/10-SW-D**;
(d) LW/20-10**.
24 Long Harbour Area Those parts of area No. 24 delineated
on 3 maps dated 12 June 1987 and
numbered as follows-
(a) LW/S-NW-13;
(b) LW/20/4;
(c) LW/20/8.
25 Starling Inlet Area Those parts of area No. 25 delineated
on 9 maps dated 12 June 1987 and
numbered as follows-
(a) LW/3-NW-D;
(b) LW/3-NE-A;
(c) LW/3-NE-Q
(d) LW/3-SW-B;
(e) LW/3-SE-A;
(f) LW/3-SE-13;
(g) LW/3-SE-Q
(h) LW/4-SW-A;
(i) LW/20/4.

Note..

For the avoidance of doubt it is declared that in the event of any dispute as to the

correct delineation of boundaries, the boundaries delineated on maps identified in
this

Schedule shall prevail over the boundaries delineated on maps identified in the First

and Second Schedules.

(Added, 58 of 1987, s. 14)

FOURTH SCHEDULE [ss. 2 & 37.1

EXEMPT
PERSONS

Item Description
1. Any person who owns, leases or manages any abattoir or slaughterhouse in
which livestock is kept.
2. Any person who owns, leases or manages any part of any wholesale market
or retail market (including a stall situated in such market) in which livestock
is kept.
3. Any person who owns, leases or manages any lairage in which livestock is
kept.
4. Any person who holds a valid licence granted under Part IV of the Food
Business (Urban Council) By-laws in respect of a fresh provision shop in
which live poultry are kept.
5. Any person who holds a valid licence granted under Part IV of the Food
Business (Regional Council) By-laws in respect of a fresh provision shop in
which live poultry are kept.
6. Any person who owns, leases or manages any hatchery in which poultry of
not more than 12 days old are kept.
7. Any person who owns or keeps in or on his premises in any livestock waste
prohibition area not more than 10 poultry.
8. Any person who owns or keeps in or on his premises in any livestock waste
control area-
(a) 1 pig, including, in the case of a sow, the unweaned litter of that,
sow; or






(b) not more than 10 poultry.





Note:
For the purposes of calculating the permitted number of livestock in paragraphs 7
and 9, any livestock owned or kept in or on those premises by any person's spouse,
father, mother, sister, brother, son, daughter or other remoter relative or ancestor or
nominee residing with that person shall he deemed to be owned or kept by that
person.
(Added. 58 of 1987, s. 14)
Originally 8 of 1980. L.N. 244/81. L.N. 370/81. L.N. 76/82. L.N. 18/83. L.N. 165/84. L.N. 67/85. 39 of 1985. 8 of 1986. 10 of 1986. L.N. 74/86. L.N. 127/86. 58 of 1987. L.N. 112/80. L.N. 119/85. Short title and commencement. Interpretation. Third Schedule. Fourth Schedule. Second Schedule. First Schedule. (Cap. 366.) First Schedule. Second Schedule. (Cap. 132.) (Cap. 366.) Preparation of draft waste disposal plans. Representations concerning draft waste disposal plan. Submission of draft waste disposal plan to Governor in Council. Power of Governor in Council upon submission of draft waste disposal plan. Revision of waste disposal plans. Collection authorities and waste disposal authorities to have regard to waste disposal plans. Provision of collection and scavenging services. Licensing of collection and scavenging services. Prohibition of unauthorized collection of waste. Occupier of building may remove household waste in certain circumstances. (Cap. 132.) Collection of trade waste, livestock waste or animal waste and removal of livestock waste and animal waste. Property in collected waste, etc. Prohibiting livestock. First Schedule. Livestock waste controls. Second Schedule. Compensation for seizure of livestock. Forfeiture of livestock. Seizure of livestock. Restriction on seizure of livestock. Prohibition of unauthorized disposal of waste. (Cap. 295.) ( Cap. 28.) Notice to be given before disposal of certain wastes. Penalties for offences under sections 16 and 17 and defences. Information as to waste delivered for disposal. Prohibition on import of waste into Hong Kong. Applications for and grant of licences. Effect of licences. General provisions as to licences. Authorized officers. Power of authority to obtain information. Powers of authorized officers to enter premises, etc. Other powers of authorized officers. Analysis of samples. Offences in relation to enforcement powers. When appeal may be brought. Constitution of Appeal Board. (Cap. 336.) Exercise of Appeal Board's jurisdiction. Supplementary provisions as to Appeal Board. Review of Appeal Board's decision by governor in Council. Case may be stated. Governor may give directions. Mental Ingredient of offences under sections 11, 15, 15A, 16 and 17. Protection of Crown, Urban Council, Regional Council, etc. Regulations. Environmental Pollution Advisory Committee. Codes of Practice. Application of Ordinance to Crown. Amendment of Schedules. First and Second Schedules. Third Schedule. Third Schedule. First and Second Schedules. (Cap. 132, sub. leg.) (Cap. 132, sub. leg.)

Originally 8 of 1980. L.N. 244/81. L.N. 370/81. L.N. 76/82. L.N. 18/83. L.N. 165/84. L.N. 67/85. 39 of 1985. 8 of 1986. 10 of 1986. L.N. 74/86. L.N. 127/86. 58 of 1987. L.N. 112/80. L.N. 119/85. Short title and commencement. Interpretation. Third Schedule. Fourth Schedule. Second Schedule. First Schedule. (Cap. 366.) First Schedule. Second Schedule. (Cap. 132.) (Cap. 366.) Preparation of draft waste disposal plans. Representations concerning draft waste disposal plan. Submission of draft waste disposal plan to Governor in Council. Power of Governor in Council upon submission of draft waste disposal plan. Revision of waste disposal plans. Collection authorities and waste disposal authorities to have regard to waste disposal plans. Provision of collection and scavenging services. Licensing of collection and scavenging services. Prohibition of unauthorized collection of waste. Occupier of building may remove household waste in certain circumstances. (Cap. 132.) Collection of trade waste, livestock waste or animal waste and removal of livestock waste and animal waste. Property in collected waste, etc. Prohibiting livestock. First Schedule. Livestock waste controls. Second Schedule. Compensation for seizure of livestock. Forfeiture of livestock. Seizure of livestock. Restriction on seizure of livestock. Prohibition of unauthorized disposal of waste. (Cap. 295.) ( Cap. 28.) Notice to be given before disposal of certain wastes. Penalties for offences under sections 16 and 17 and defences. Information as to waste delivered for disposal. Prohibition on import of waste into Hong Kong. Applications for and grant of licences. Effect of licences. General provisions as to licences. Authorized officers. Power of authority to obtain information. Powers of authorized officers to enter premises, etc. Other powers of authorized officers. Analysis of samples. Offences in relation to enforcement powers. When appeal may be brought. Constitution of Appeal Board. (Cap. 336.) Exercise of Appeal Board's jurisdiction. Supplementary provisions as to Appeal Board. Review of Appeal Board's decision by governor in Council. Case may be stated. Governor may give directions. Mental Ingredient of offences under sections 11, 15, 15A, 16 and 17. Protection of Crown, Urban Council, Regional Council, etc. Regulations. Environmental Pollution Advisory Committee. Codes of Practice. Application of Ordinance to Crown. Amendment of Schedules. First and Second Schedules. Third Schedule. Third Schedule. First and Second Schedules. (Cap. 132, sub. leg.) (Cap. 132, sub. leg.)

https://oelawhk.lib.hku.hk/items/show/3311

FISH CULTURE ZONE (DESIGNATION) ORDER

FISH CULTURE ZONE (DESIGNATION) ORDER

(Cap. 353, section 5(a))

[4 March 1983.]

1. This order may be cited as the Fish Culture Zone
(Designation) Order.

2. Those areas of the waters of Hong Kong named and described
in the Schedule hereto are designated as fish culture zones within
which fish culture may be engaged in.

SCHEDULE [para. 2]

Item Area Name Description
1 . Sha Tau Kok An area of water delinegted and coloured pink
fish culture zone on Plan No. FCIOI2A Pdeposited in the office
of the Director of Agriculture and Fisheries.
2. Ap Chau An area of water delineated and coloured pink
fish culture zone on Plan No. FC1013C deposited in the office
of the Director of Agriculture and Fisheries.
3. Kat 0 An area of water delineated and coloured pink
fish culture zone on Plan No. 17C1014E deposited in the office
of the Director of Agriculture and Fisheries.
4. 0 Pui Tong An area of water delineated and coloured pink
fish culture zone on Plan No. FC1052B deposited in the office
of the Director of Agriculture and Fisheries.
5. Sai Lau Kong An area of water delineated and coloured pink
fish culture zone on Plan No. FC1059 deposited in the office of
the Director of Agriculture and Fisheries.
6. Wong Wan An area of water delineated and coloured pink
fish culture zone on Plan No. FC 10 1 6C deposited in the office
of the Director of Agriculture and Fisheries.
7. Tap Mun An area of water delineated and coloured
fish culture zone pink on Plan No. FC1060C-] and Plan No.
FC1060C-2 deposited in the office of the
Director of Agriculture and Fisheries.
8. Kau Lau Wan An area of water delineated and coloured pink
fish culture zone on Plan No. FC1018E deposited in the office
of the Director of Agriculture and Fisheries.
9. Sham Wan An area of water delineated and coloured pink
fish culture zone on Plan No. FC10191F deposited in the office
of the Director of Agriculture and Fisheries.
10. Lo Fu Wat An area of water delineated and coloured pink
fish culture zone on Plan No. FC1023D deposited in the office
of the Director of Agriculture and Fisheries.
11. Yung Shue Au An area of water delineated and coloured pink
fish culture zone on Plan No. FC1024C deposited in the office
of the Director of Agriculture and Fisheries.
12. Leung Shuen Wan An area of water delineated and coloured pink
fish culture zone on Plan No. FC1026E deposited in the office
of the Director of Agriculture and Fisheries.
13. Tiu Cham Wan An area of water delineated and colou'red pink
fish culture zone on Plan No. FC1041 B deposited in the office
of
the Director of Agriculture and Fisheries.





Item Area Name Description

14. Tai Tau Chau An area of water delineated and coloured pink
fish culture zoneon Plan No. FC1028D deposited in the office
of the Director of Agriculture and Fisheries.

15. Kai Lung Wan An area of water delineated and coloured pink
fish culture zoneon Plan No. FC1056B deposited in the office
of the Director of Agriculture and Fisheries.

16. Kau Sai An area of water delineated and coloured pink
fish culture zoneon Plan No. FC1027B deposited in the office
of the Director of Agriculture and.Fisheries.

17. Ma Nam Wat An area of water delineated and coloured pink
fish culture zoneon Plan No. FC1029D deposited in the office
of the Director of Agriculture and Fisheries.

18. Po Toi O An area of water delineated and coloured pink
fish culture zoneon Plan No. FC 1025B deposited in the office
of the Director of Agriculture and Fisheries.

19. Tin Ha Wan An area of water delineated and coloured pink
fish culture zoneon Plan No. FC 1030B deposited in the office
of the Director of Agriculture and Fisheries.

20. Po Toi An area of water delineated and coloured pink
fish culture zoneon Plan No. FC1034D deposited in the office
of the Director of Agriculture and Fisheries.

21. Sok Kwu Wan An area of water delineated and coloured pink
fish culture zoneon Plan No. FC 1 049K deposited in the
office of the Director of Agriculture and
Fisheries.

22. Lo Tik Wan An area of water delineated and coloured pink
fish culture zoneon Plan No. FC1050 deposited in the office
of the Director of Agriculture and Fisheries.

23. Tai A Chau An area of water delineated and coloured ink
on Plan No. FC1061 deposited in the office of the Director
of Agriculture and Fisheries.


24. Ma Wan An area of water delineated and coloured pink
fish culture zoneon Plan No. FC1057 deposited in the office
of the Director of Agriculture and Fisheries.

25. Yim Tin Tsai An area of water delineated and coloured pink
fish culture zoneon Plan No. FC105Aleposited in the office of
the Director of Agriculture and Fisheries.







26. Cheung Sha Wan An area of water delineated and coloured pink
fish culture. zoneon Plan No. FC 1054A deposited in the office
of the Director of Agriculture and Fisheries.

27. Tung Chung An area of water delineated and coloured pink
fish culture zoneon Plan No. FC 1062A deposited in the office
of the Director of Agriculture and Fisheries.

28. Yim Tin Tsai An area of water delineated and coloured pink
(East) fish culture zoneon Plan No. FC1020B deposited in the office
of the Director of Agriculture and Fisheries.
L.N. 74/83. L.N. 286/84. L.N. 430/84. L.N. 282/86. Citation. Designation of fish culture zones. Schedule. L.N. 282/86. L.N. 430/84. L.N. 286/84. L.N. 286/84. L.N. 282/86.

L.N. 74/83. L.N. 286/84. L.N. 430/84. L.N. 282/86. Citation. Designation of fish culture zones. Schedule. L.N. 282/86. L.N. 430/84. L.N. 286/84. L.N. 286/84. L.N. 282/86.

https://oelawhk.lib.hku.hk/items/show/3310

MARINE FISH CULTURE REGULATIONS

MARINE FISH CULTURE REGULATIONS

(Cap. 353, section 22)

[23 January 1981.]

1. (1) These regulations may be cited as the Marine Fish Culture
Regulations.

(2) Regulation 6 shall come into operation on a day to be
appointed by the Governor by notice in the Gazette.



2. The Director shall demarcate the boundaries of every fish
culture zone by buoys or other devices or signs.

3. (1) Application for the grant or renewal of a licence or permit
shall be made to the Director.

(2) Upon receipt of an application under paragraph (1), the
Director may require the applicant to furnish such further information in
connexion with the application as he thinks necessary.

(3) The fee prescribed by regulation 10(1) for the grant or renewal
of a licence shall be payable on demand.

4. (1) Subject to section 16(4)(b) of the Ordinance, a licence or
permit shall expire 12 months after the date on which it is granted or
renewed or on such earlier date as may be specified in the licence or
permit.

(2) Application for renewal of a licence or permit shall, except
where the Director otherwise permits in any particular case, be made to
the Director not later than 1 month before the date of the expiry thereof.

5. (1) Subject to paragraph (2), a licensee shall cause each raft
used by him in a site to be at all times moored and anchored therein in
such manner as may be specified by the Director.

(2) Notwithstanding paragraph (1), the Director may permit a raft
to be moved into or from a site upon such conditions as he may
specify.

6. (1) Except with the written permission of the Director, no
licensee or permittee shall erect, or permit to be erected, any structure
on a raft.


(2) The Director shall specify in the permission granted for the
purposes of paragraph (1) the dimensions of the structure permitted
and any conditions subject to which the permission is granted.

(3) The Director may remove, or cause to. be removed, any
structure that is erected in contravention of paragraph (1) or any
structure that is not in accordance with the permission granted.





7. A licensee or permittee shall-

(a)to the satisfaction of the Director, cause the number of his
licence or permit to be permanently marked in conspicuous
lettering upon each raft or impoundment used by him; and

(b)if required by the Director, cause to be exhibited on or near
any raft or impoundment used by him, between sunset and
sunrise, a fixed white light of sufficient intensity so as to be
visible all round in clear atmosphere on a dark night at a
distance of not less than 2 km and situated in such position as
may be required by the Director.

8. The Director or an authorized officer may at any time by day or
by night inspect any raft or impoundment including all moorings,
marks, cages and other equipment whatsoever ancillary thereto.

9. [Revoked, 18 of 1983, s. 5]

10. (1) The fee payable for the grant or renewal of a licence shall be $150
respect of a site of 100 m2 or less.

(2) No fee shall be payable for the grant or renewal of a permit.

11. (1) Any licensee who contravenes regulation 5(1), or any
licensee or permittee who contravenes regulation 7, commits an offence
and is liable to a fine of $500, and in the case of a continuing offence to
a further daily penalty of $50.

(2) Any licensee or permittee who contravenes regulation 6(1) or
any permission granted for the purposes of regulation 6(1) commits an
offence and, without prejudice to regulation 6(3), is liable to a fine of
$1,000.
L.N. 12/81. 18 of 1983. Citation and commencement. Demarcation of fish culture zone boundaries. Applications for licences and permits. Period of licences and permits and renewal thereof. Mooring and anchoring of rafts. Structures on rafts. Making and lighting of rafts and impoundments. Inspection of rafts and impoundments. Fees. Offences and penalties.

L.N. 12/81. 18 of 1983. Citation and commencement. Demarcation of fish culture zone boundaries. Applications for licences and permits. Period of licences and permits and renewal thereof. Mooring and anchoring of rafts. Structures on rafts. Making and lighting of rafts and impoundments. Inspection of rafts and impoundments. Fees. Offences and penalties.

https://oelawhk.lib.hku.hk/items/show/3309

MARINE FISH CULTURE ORDINANCE

LAWS OF HONG KONG

MARINE FISH CULTURE ORDINANCE

CHAPTER 353





ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ................................ ... ... ... ... ... ... ... 2
2. Interpretation ............................. ... ... ... ... ... ... ... 2

3. Authorized officers ........................ ... ... ... ... ... ... ... 3

4. Power of Governor to give directions ... ... ... ... ... ... ... ... ... ... 3

PART II

CONTROL AND PROTECTION OF FISH CULTURE

5. Designation of fish culture zones and specification of sites therein ... ... ... ... 3
6. Restrictions of fish culture ... ... ... ... ... ... ... ... ... ... ... ... 4
7. Prohibition of fish culture outside fish culture zones ... ... ... ... ... ... 4
8. Grant of licences and renewal thereof ... ... ... ... ... ... ... ... ... ... 4
9. Cancellation of licences ... ... ... ... ... ... ... ... ... ... ... ... 5
10. Director may give instructions on fish culture ... ... ... ... ... ... ... ... 5
11. Protection of fish culture zones ... ... ... ... ... ... ... ... ... ... ... 5
12. Interference with rafts or impoundments or fish therein ... ... ... ... ... ... 6
13. Prohibition of unauthorized vessels etc. in fish culture zones ... ... ... ... ... 6

PART III

GENERAL

14. Director may grant permits in certain cases ... ... ... ... ... ... ... ... 6
15. Limitation of rights under licences or permits ... ... ... ... ... ... ... ... 7

16. Right of appeal ............................ ... ... ... ... ... ... ... 7

17. Power of search, seizure, etc. ... ... ... ... ... ... ... ... ... ... ... 8
18. Power of sale or other disposal ... ... ... ... ... ... ... ... ... ... ... 8

19. Power of arrest ............................ ... ... ... ... ... ... ... 9
20. Obstruction, etc . ......................... ... ... ... ... ... ... ... ... 9

21. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
22. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
23. Savings ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11





CHAPTER 353

MARINE FISH CULTURE

To regule and protect marine fish culture and for purposes connected
therewith

[18 January 1980.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Marine Fish Culture Ordinance.

2. In this Ordinance, unless the context otherwide requires-
'authorized officer' means a public officer authorized under section 3;

'Director' means the Director of Agriculture and Fisheries;

'fish' means any marine fish, curustacean or mollusc, other than an oyster;

'fish culture' means any operation involving the maintenance, propagation
or promotion of growth of fish in captivity within the waters of
Hong Kong.

'fish culture zone' means an area of the waters of Hong Kong designated
to be a fish culture zone under section 5(a);

'impoundment' means an enclosure of an area of the waters of Hong Kong
by means of a net or other removable, permeable structure used or
designed for the prupose of fish culture.

'licence' means a licence granted or renewed under section 8;

'licensee' means the holder of a licence.

'permit' means a permit granted or renewed under section 14;

'permittee' means the holder of a permit.

'raft' means a floating structure or object, including any cage, net
or other device attached thereto, used or designed for the purpose
of fish culture.

'site' means a site within a fish culture zone specified under section
5(6);

'vessel' includes

(a) any ship, boat or any other description of vessel used in
navigation; and




(b)any other movable structure that is not used in navigation and
not constructed nor adapted for use in navigation, but does
not include a raft;

'waters of Hong Kong' means all tidal water, havigable or not,
within the boundaries of Hong Kong specified in the Second
Schedule to the Interpretation and General Clauses Ordinance.

3. (1) The Director may authorize in writing any public Authorized officer to
exercise any of the powers and perform any of the duties or officers. functions
conferred or imposed on the Director or an authorized officer by this Ordinance.

(2) A document purporting to be an authorization under
subsection (1) and to be signed by the Director shall, without further
proof and until the contrary is proved, be evidence of the matters
contained therein in any proceedings or otherwise.

(3) An authorized officer when exercising a power or performing a
duty or function under this Ordinance shall produce his authorization
under subsection (1) for inspection by any person who questions his
authority to exercise the power or to perform the duty or function.

(4) A public officer who ceases to be an authorized officer shall
forthwith deliver up his authorization to a person authorized by the
Director to receive it.

4. (1) The Governor may give to the Director or to an Power of authorized officer such
directions as he thinks fit with respect to the Governor to give exercise or performance of
any powers, duties or functions under directions. this Ordinance, and such directions may
be given either generally or in respect of any particular case. .

(2) A person to whom a direction is given by the Governor under
subsection (1) shall, in the exercise or performance of any powers,
duties or functions under this Ordinance, comply with that direction.

PART II

CONTROL AND PROTECTION OF FISH CULTURE

.5. The Director may- Designation of
fish culture zones
(a) by order published in the Gazette designate any area of the and specification
waters of Hong Kong to be a fish culture zone within of sites therein.
which fish culture may be engaged in, and he shall
demarcate the boundaries of the fish culture zone in the
prescribed manner; and
(b) in such manner as he thinks fit, specify sites within a fish
culture zone.





6. (1) No person shall, without a licence, engage in fish
culture within a fish culture zone.

(2) No person shall, without a permit granted under section
14(1)(a), engage in fish culture within the waters of Hong Kong for
the purposes of scientific research.

(3) No person shall, without a permit granted under section
14(1)(b), maintain fish in captivity within the waters of Hong Kong
for purposes other than the propagation or promotion of growth of
such fish.

(4) Any person who contravenes this section commits an
offence.

7. (1) Subject to subsection (2), no person shall engage in
fish culture within the waters of Hong Kong outside a fish culture
zone.

(2) This section shall not apply to-

(a) fish culture for the purposes of scientific research; and

(b)the maintenance of fish in captivity for purposes other than
the propagation or promotion of growth of such fish.

(3) Any person who contravenes this section commits an
offence.

8. (1) Subject to this Ordinance, the Director may grant to
any person, a licence, and renew such licence, to engage in fish
culture within a fish culture zone.

(2) The form of application for the grant or renewal. of a
licence and the form of the licence shall be specified by the Director.

(3) A licence may be granted, and may be renewed, subject to
such conditions as the Director thinks fit.

(4) The Director shall specify in a licence-

(a) the site in respect of which the licence is valid;

(b)the area of the rafts or impoundments permitted under the
licence; and

(c) the conditions to which the licence is subject.

(5) A licence shall not be transferable.

(6) The Director may refuse to grant or renew a licence if it
appears to him-

(a)that, having regard to the size or location of a fish culture
zone, the grant or renewal of a licence would cause
overcrowding of the fish culture zone or would otherwise
not be in the best interests of fish culture;





(b)that any raft or impoundment used or to be used by the
applicant for the purpose of fish culture does not comply with
any of the provisions of this Ordinance or any regulations
made thereunder.

(7) Where the Director refuses to grant or.renew a licence under
subsection (6) he shall send to the applicant a notice of the refusal and
state in the notice the reasons for the refusal.

9. (1) The Director may cancel a licence-

(a)on any ground specified in section 8(6) which would have
entitled him to refuse to grant or renew a licence;

(b) on the ground that the licensee has-

(i) contravened any of the provisions of this Ordinance or
any regulations made thereunder;

(ii) contravened his licence;

(iii) failed or is unable or incompetent to carry out the
purposes of his licence; or

(iv) failed to provide adequate management or supervision
of any raft or impoundment in respect of which the licence is
valid.

(2) Where the Director cancels a licence under subsection (1) he
shall, where practicable, send to the person who wa's the holder of the
licence a notice of the cancellation and state in the notice the reasons
for the cancellation.

10. (1) The Director may give to all or any licensees instructions in
writing as to

(a) any matter concerning fish culture;

(b)the disposal or destruction of any fish within any site found
or suspected to be suffering from any infectious disease; or

(c)the disposal of any noxious or waste matter resulting from the
collecting or harvesting of fish.

(2) It shall be a condition of every licence that the licensee shall
carry out, or cause to be carried out, to the satisfaction of the Director,
within the site in respect of which his licence is granted, any
instructions given to him under subsection (1).

11. Any person who, without reasonable excuse, deposits, or
causes or permits to be deposited, either on land or in the sea, any
chemical or other substance or thing in such a place or in such a
manner as

(a)to injure or to be likely to injure any fish in any fish culture
zone; or

(b)to pollute or to be likely to pollute the waters in any fish
culture zone,

commits an offence.





12. (1) Subject to subsection (2), any person who wilfully-

(a)moves, damages or otherwise interferes with any raft or
impoundment that is lawfully within a site; or

(b)removes any fish from, or injures or otherwise interferes
with any fish within, such a raft or impoundment,

commits an offence.

(2) Subsection (1) shall not apply to any act prohibited by that
subsection if such act is-

(a) authorized by or under this or any other Ordinance;

(b)committed by the owner of the raft or impoundment, or of
the fish therein or with such owner's consent; or

(c)committed in a case of emergency or stress of weather to
save life or property or for the safety of any raft or
impoundment, or of any fish therein.

13. (1) Subject to subsection (3)(a), any person who causes or
permits any vessel to enter or remain in a fish culture zone commits
an offence.

(2) Subject to subsection (3)(b), any person who causes or
permits any raft or impoundment to enter or remain or to be
constructed in a fish culture zone otherwise than under and in
accordance with a licence or permit granted to him commits an
offence.

(3)(a) Subsection (1) shall not apply to any act prohibited
by that subsection if such act is-
(i) committed for the purposes of or in connexion with
fish culture operations;
(ii) authorized in writing by the Director; or
(iii) committed in a case of emergency or stress of
weather to save life or property or for the safety of the
vessel concerned.

(b)Subsection (2) shall not apply where a raft or impound-
ment is caused or permitted to enter or remain in a fish
culture zone in a case of emergency or stress of weather to
save life or property or for the safety of the raft or
impoundment, or of any fish therein.

PART III

GENERAL

14. (1) The Director may, subject to such conditions as he
thinks fit, grant to any person a permit, and renew such permit, to-

(a)engage in fish culture within the waters of Hong Kong
solely for the purposes of scientific research; or





(b)maintain fish in captivity within the waters of Hong Kong
for purposes other than the propagation or promotion of
growth of such fish.

(2) The Director may cancel or refuse to renew a permit-

(a) on the ground that the permittee has-
(i) contravened any of the provisions of this Ordinance
or any regulations made thereunder;
(ii) contravened his permit;
(iii) failed or is unable or incompetent to carry out the
purposes of his permit; or
(iv) failed to provide adequate management or supervi-
sion of the fish culture or other operations permitted under
his permit; or

(b) in the public interest.

(3) Where the Director refuses to grant a permit under subsec-
tion (1), or cancels or refuses to renew a permit under subsection (2),
he shall, where practicable, send to the applicant or the person who
was the holder of the permit, as the case may be, a notice of the
refusal or cancellation and state in the notice the reasons for the
refusal or cancellation.

15. No licence or permit shall be construed as granting any
right to-

(a)occupy or use any land, whether the same be covered by
water or not; or

(b) the exclusive use of any water,

except for the purposes of this Ordinance.

16. (1) Any person aggrieved by a decision of tlie Director to
cancel a licence or permit, or to refuse to grant or renew a licence or
permit, may, within 21 days after the receipt of a notice under
section 8(7), 9(2) or 14(3), as the case may be, or within such further
period as the Governor may in any particular case allow, appeal by
way of petition to the Governor.

(2) The Governor may, when considering an appeal under
subsection (1), confirm, vary or reverse the decision.

(3) The decision of the Governor on any such appeal shall be
final.

(4) Where an appeal is lodged in accordance with subsec-
tion (1)-

(a)against a decision of the Director to cancel, or to refuse to
grant, a licence or permit, the decision shall not become
effective pending the determination of the appeal by the
Governor; or





(b)against a decision of the Director to refuse to renew a licence
or permit, the licence or permit (if expired) shall be deemed to
continue in force according to its terms and conditions until
the determination of the appeal by the Governor, and if the
effect of the decision of the Governor is that the licence or
permit shall be renewed by the Director, until such time as is
necessary to renew the licence or permit.

17. (1) Subject to subsection (2), if the Director or an authorized
officer has reason to suspect that any vessel or raft or impoundment
within the waters of Hong Kong is being or has been used in or for or in
connexion with the commission of any offence under this Ordinance, he
may without warrant

(a) board and search any such vessel or raft; and

(b)seize and detain any such raft or impoundment, and any fish,
equipment or other thing found on board any vessel or on or
in any raft or within any impoundment which appears to him to
be or to have been so used or that constitutes evidence of any
such offence having been committed. (Replaced, 18 of 1983,
s. 2)

(2) Subsection (1) shall not apply to-

(a)any ship required to be provided with a certificate referred to
in section 3(1) of the Merchant Shipping Ordinance. and

(b)any vessel for the time being used for any purpose by Her
Majesty's Government, the Government of Hong Kong or any
State.

(3) The Director or an authorized officer may seize and detain any
raft or impoundment found sunken, stranded. abandoned or adrift
within or outside a fish culture zone and any fish. equipment or other
thing found on or in any such raft or within any such impoundment.
(Replaced, 18 oj'1983, s. 2)

18. (1) Subject to subsection (4), the Director or an authorized
officer may sell in such manner as the Director or an authorized officer
sees fit, any raft or impoundment and any fish, equipment or other thing
found on board any vessel or on or in any raft or within any
impoundment, seized and detained under section 17.

(2) Where any raft or impoundment and any fish equipment
or other thing to which this section applies is sold under subsection
(1), the Director or an authorized officer may deduct from the
proceeds of sale any reasonable expenses or disbursements incurred
by the Director or an authorized officer in respect of the seizure,
detention or the sale.

(3) The proceeds of sale less any expenses or disbursements
deducted under this section shall





(a)if the owner thereof is known or becomes known before the
expiration of 6 months from the date of the sale, be paid to
the owner;

(b)if the owner thereof is not known, be paid into the general
revenue of Hong Kong after the expiration of 6 months
from the date of the sale.

(4) Notwithstanding subsection (1), if any raft or impound-
ment and any fish, equipment or other thing to which this section
applies is of no appreciable value or of value so small in the opinion
of the Director or an authorized officer as to render impracticable
the sale thereof, the Director or an authorized officer may cause such
raft or impoundment and any fish, equipment or other thing to be
destroyed or otherwise disposed of in such manner as the Director or
an authorized officer sees fit.

(5) The powers conferred on the Director or an authorized
officer under this section may be exercised whether or not any person
is or will be prosecuted for an offence under this Ordinance and
whether or not any person has been convicted of any such offence.
(Replaced, 18 of 1983, s. 3)

19. (1) The Director or an authorized officer may arrest any
person whom he has reasonable grounds to believe has contravened
any of the provisions of section 6 or 11.

(2) If any person forcibly resists an endeavour to arrest him
under this section, or attempts to evade such arrest, the person
effecting the arrest may use all reasonable means necessary to effect
the arrest.

(3) Every person arrested under this section shall, as soon as
the circumstances permit and in any event within 24 hours of his
arrest, be given into the custody of a police officer.

(4) Whenever an arrested person is given into the custody of a
police officer the provisions of sections 51 and 52 of the Police Force
Ordinance shall apply.

20. Any person who-

(a)obstructs the Director or an authorized officer in the
exercise of any power or the performance of any duty or
function conferred or imposed on the Director or an
authorized officer by this Ordinance; or

(b)fails to comply with any instruction given under this
Ordinance,

commits an offence.

21. (1) Any person who commits an offence under section 6 is
liable to a fine of $20,000 and to imprisonment for 1 year, and in the
case of a continuing offence to a further daily penalty of 5500.





(2) Any person who commits an offence under section 11 is liable
to a fine of $20,000 and to imprisonment for 1 year.

(3) Any person who commits an offence under section 7. 12, 13 or
20 is liable to a fine of $5,000 and to imprisonment for 6 months.

22. (1) The Governor in Council may make regulations for all or any
of the following matters--

(a)the application for and the grant and renewal of licences and
permits, and the fees payable in respect thereof,

(b)the period for which licences and permits may be granted and
renewed;

(c) the control of fish culture;

(d)the marking of the boundaries of fish culture zones and sites;

(e)the equipment to be installed and used on rafts and within
impoundments;

the construction, dimensions, marking and lighting of rafts
and impoundments;

(g)the structures that rnay be erected on rafts. and tlie removal of
illegal structures;

(h) the mooring and anchoring of rafts;

(i) the inspection of rafts, impoundments and sites;

(j)the inspection of fish maintained in rafts and within
impoundments;

(k)the size, species or numbers of fish which may be kept in rafts
and within impoundments;

(l)the returns and reports to be rendered and accounts. registers,
books, records and plans to be kept by licensees. and the
manner of rendering or keeping them,

(m)the seizure and detention of rafts or impoundments.. and of
any fish, equipment or other thing. to which section 17 applies;
(Replaced, 18 of 1983, s. 4)

(mm) the sale or other disposal or destruction under section 18 of
rafts or impoundments, and of any fish, equipment or other
thing seized and detained under section 17.. (Added, 18 of
1983, s. 4)

(n)generally for the better carrying out of the provisions and
purposes of this Ordinance.

(2) Regulations made under this section may provide that any
contravention of any such regulations shall be an offence, and may
prescribe penalties therefor not exceeding a fine of $3,000 and
imprisonment for 6 months, and in the case of a continuing offence a
further daily penalty of a fine not exceeding $ 100.





23. Nothing in this Ordinance shall-

(a)apply to any Portion of the foreshore or of the sea bed in respect
of which a Crown lease is granted or agreed to be granted or is
deemed to have been granted or agreed to have en granted
under the Foreshores and Sea Bed Ordinance ; or

(b)be construed to the prejudice of any of the provisions of the
Shipping and Port Control Ordinance.
Originally 2 of 1980. 18 of 1983. Short title. Interpretation. (Cap. 1.) Authorized officers. Power of Governor to give directions. Designation of fish culture zones and specification of sites therein. Restrictions on fish culture. [In force on 9.7.82. L.N. 267/82.] Prohibition of fish culture outside fish culture zones. [In force on 9.7.82. L.N. 267/82.] Grant of licences and renewal thereof. Cancellation of licences. Director may give instructions on fish culture. Protection of fish culture zones. Interference with rafts or impoundments or fish therein. Prohibition of unauthorized vessels etc. in fish culture zones. Director may grant permits in certain cases. Limitation of rights under licences or permits. Right of appeal. Power of search, seizure, etc. (Cap. 281.) Power of sale or other disposal. Power of arrest. (Cap. 232.) Obstruction, etc. Penalties. Regulations. Savings. (Cap. 127.) (Cap. 313.)

Originally 2 of 1980. 18 of 1983. Short title. Interpretation. (Cap. 1.) Authorized officers. Power of Governor to give directions. Designation of fish culture zones and specification of sites therein. Restrictions on fish culture. [In force on 9.7.82. L.N. 267/82.] Prohibition of fish culture outside fish culture zones. [In force on 9.7.82. L.N. 267/82.] Grant of licences and renewal thereof. Cancellation of licences. Director may give instructions on fish culture. Protection of fish culture zones. Interference with rafts or impoundments or fish therein. Prohibition of unauthorized vessels etc. in fish culture zones. Director may grant permits in certain cases. Limitation of rights under licences or permits. Right of appeal. Power of search, seizure, etc. (Cap. 281.) Power of sale or other disposal. Power of arrest. (Cap. 232.) Obstruction, etc. Penalties. Regulations. Savings. (Cap. 127.) (Cap. 313.)

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PARTITION RULES

PARTITION RULES

(Cap. 352, section 10)

[3 April 1987.]

1. These rules may be cited as the Partition Rules.

2. (1) In these rules-

'pleadings' has the meaning assigned to it by R. S. C. Order 1, rule 4;

'Registrar' means-

(a)in relation to proceedings commenced in the High Court, the
Registrar of the Supreme Court;

(b)in relation to proceedings commenced in a District Court, the
Registrar of the Supreme Court exercising his jurisdiction as
the Registrar of the District Court by virtue of section 14(4) of
the District Court Ordinance.

(2) In these rules any reference to an Order and rule if prefixed by
the letters 'R.S.C.' is a reference to that Order and rule in the Rules of
the Supreme Court.

3. Subject to the Ordinance and these rules the practice and
procedure of the Supreme Court and of the District Court as may be
appropriate, including the provisions relating to commencement of
proceedings shall apply to proceedings under the Ordinance as nearly
as circumstances admit. .

4. In any proceedings under the Ordinance a copy-

(a) of every pleading and amended pleading filed in Court;

(b) of every affidavit filed in Court;

(e)of every answer to interroga tories and of all particulars
furnished or filed in Court, whether pursuant to an order of the
Court or otherwise;

(d)of every interlocutory application, and every order made
thereon filed in Court; and

(e) of every notice, including notices of appeal, filed in Court,

shall forthwith after such filing or furnishing be served or caused to be
served on the Director by the party on behalf of whom such document
is filed or furnished.

5. An application by the Attorney General under section 3A of the
Ordinance to be added as a party may be made ex parte by summons to
a judge of the Court in which the proceedings are pending or to the
Registrar, but the judge or Registrar may, if he thinks fit, require the
attendance of the Attorney General on the application.





6. (1) Where any document is required by the Ordinance or these
rules to be served on the Director

(a)service may be effected by sending the document by post or
delivering it to the Director;

(b)it shall not be necessary for the Director to acknowledge
service of such document;

(c)an affidavit of service, the contents of which shall be in
accordance with R.S.C. Order 65, rule 8, shall be filed in Court
by the person required to effect such service, as proof of
service;

(d)if due service has not been effected or no affidavit of service
has been filed in Court, the Court shall, subject to
subparagraph (e), adjourn the hearing on such terms as to
costs or otherwise as it thinks fit, in order that service may be
effected or an affidavit of service filed; and

(e)if due service has been effected but no affidavit of service
filed in Court, the Court may proceed with the hearing if the
party required to file such affidavit satisfies the Court that
service has been effected and gives an undertaking to Court
to file an affidavit of service within such time as may be
directed by Court.

(2) In any proceedings under the Ordinance, the provisions of
R.S.C. Order 63, rule 4 in respect of inspection and obtaining copies of
any document filed in the registry of the Court shall apply to the
Director as if he were a party to the proceedings.

7. Unless otherwise directed any notice required by the Ordinance
or these rules to be given shall be given in writing.

8. Service of any document on the Attorney General in any
proceedings under the Ordinance may be effected by sending the
document by post, or delivering it, to the Attorney General.

9. The period during which any proceedings are stayed by section
3B of the Ordinance shall be 21 days.
L.N. 95/87. Citation. Interpretation. (Cap. 336.) (Cap. 4, sub. leg.) Application of Rules of Supreme Court and District Court. Documents to be served on the Director. Application by Attorney General to be added as a party. Service of documents, etc. Notices to be in writing. Service on the Attorney General. Length of stay of proceedings.

L.N. 95/87. Citation. Interpretation. (Cap. 336.) (Cap. 4, sub. leg.) Application of Rules of Supreme Court and District Court. Documents to be served on the Director. Application by Attorney General to be added as a party. Service of documents, etc. Notices to be in writing. Service on the Attorney General. Length of stay of proceedings.

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PARTITION ORDINANCE

'LAWS OF HONG KONG

PARTITION ORDINANCE

CHAPTER 352





CHAPTER 352

PARTITION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title................................. ... ... ... ... ... ... 2
IA. Interpretation ............................ ... ... ... ... ... ... ... 2
2. Power to order partition or sale of property in land ... ... ... ... ... ... 2
3. Institution of proceedings and parties thereto ... ... ... ... ... . ... ... 2
3A. Addition of Attorney General as defendant ... ... ... ... ... ... ... ... 3
3B. Memorandum for stay of proceedings ... ... ... ... ... ... ... ... ... 3
4. Partition of property in land ... ... ... ... ... ... ... ... ... ... ... 4
5. Court may apportion rights and obligations and create easements ... ... ... 5
6. Sale of land ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5
7. Application of proceeds of sale... ... ... ... ... ... ... ... ... ... ... 6
8. Vesting order ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6
9. Jurisdiction of District Court ... ... ... ... ... ... ... ... ... ... ... 6
10. Power to make rules ... ... ... ... ... ... ... ... ... ... ... ... ... 6
11.....................Transitional .......... ... ... ... ... ... ... ... 6





CHAPTER 352

PARTITION

To amend the law relating to the partition and sale ofproperty in land
under co-ownership.

[4 July 1969.]

1. This Ordinance may be cited as the Partition Ordinance.

1A. In this Ordinance, unless the context otherwise requires-

'Court' means the High Court or the District Court;

'Director' means the Director of Buildings and Lands;

'Partition Rules' means rules made under section 10.

(Added, 19 of 1987, s. 2)

2. Subject to this Ordinance, where any property in land is held by
2 or more persons, whether as joint tenants or as tenants in common, the
Court may

(a)make an order under section 4 for a partition of the property;

(b) make an order under section 6 for a sale of the property; or

(c) refuse to make any order.

3. (1) Where any property in land is held in the manner referred to
in section 2, any person interested in such property may institute
proceedings in the Court under this Ordinance by way of an action for
partition or sale.

(2) In any proceedings under this Ordinance the Director shall be
served with such documents relating to the proceedings as may be
prescribed by the Partition Rules. (Added, 19 of 1987, s. 3)

(3) Subject to subsection (2), proceedings under this Ordinance
may be instituted against one or more of the persons interested without
serving the other or others, and no defendant may object for want of
parties. (Amended, 19 of 1987, s. 3)

(4) At the hearing of the proceedings the Court may direct such
inquiries as to the nature of the property, the persons interested therein
and such other matters as it thinks necessary or proper, and it may add
any person as a party whose presence before the Court is considered
desirable; and where a person is added as a party by the Court under
this subsection, the person having the conduct of the proceedings shall
serve notice of the addition on the Director. (Amended, 19 of 1987, s. 3)





(5) Subject to subsections (6) and (7), the Director and every
other person interested in any manner shall be served with notice of
the judgment or order of the Court, and the provisions of the Rules
of the Supreme Court dealing with service of notice of judgment
shall thereupon apply. (Amended, 19 of 1987, s. 3)

(6) Where it appears to the Court that notice in accordance
with subsection (5) cannot be served or cannot be served without
expense disproportionate to the value of the property, the Court
may, if it thinks fit, by order-

(a)dispense with such service on any person or class of
persons mentioned in the order; and

(b)direct notices to be published at such time and in such
manner as it thinks fit, calling upon all persons claiming to
be interested in the property and who have not been
served, to establish their claims before the Court within a
time specified in the notice,

and after expiration of the time specified, all persons claiming to be
interested shall be bound by the proceedings as if they had been
served in accordance with subsection (5).

(7) Subsection (6) shall not apply to service on the Director.
(Added, 19 of 1987, s. 3)

3A. (1) In any proceedings under this Ordinance the Attorney
General may at any stage of the proceedings apply to the Court to be
joined as a party, and on such application the Court shall add him as
a defendant.

(2) The Attorney General shall serve notice of his addition as a
party, on every other party to this proceedings.

Any provision in this Ordinance or the Partition Rules by
which any document is required to be served on the Director shall,
where the Attorney General is added as a defendant under subsec-
tion (1), have effect thereafter as if it required the Attorney General
to be served as a party and not the Director.
(Added, 19 of 1987, s. 4)

3B. (1) In any proceedings under this Ordinance, at any stage
except after the addition of the Attorney General if such be the case,
the Director may notify in writing the parties of his intention to seek
advice on any matter arising out of the proceedings and shall file in
Court a memorandum of such notification and no fee shall be
charged in respect of the memorandum.

(2) Where any memorandum -is so filed in respect of pro-
ceedings, then, unless otherwise ordered by a judge, the proceedings
shall, by virtue of this section, be stayed for such period, being not
less than 14 days, as may be prescribed, and during such period
(unless otherwise ordered by a judge) time fixed by or under any law
or otherwise for the doing of any act or the taking of any step in the
proceedings shall not run.





(3) The filing of a memorandum under this section-

(a) shall not operate to prevent the making of-

(i) an interlocutory order for an injunction or for the
appointment of a receiver or manager or receiver and manager;
or

(ii) any other order which, in the opinion of a judge, is
necessary to prevent an irremediable injustice;

(b)unless otherwise ordered by a judge, shall not operate to
prevent the institution or continuance of proceedings to
obtain, enforce or otherwise carry into effect any order
mentioned in paragraph (a) or a decree to the like effect.

(4) The period for which proceedings are stayed by virtue of this
section may be reduced or extended by order of a judge.

(5) The powers of a judge under this section in relation to a
memorandum may be exercised by the Registrar, subject to any
provisions in the Supreme Court Ordinance or rules made thereunder in
respect of the jurisdiction of the Registrar in proceedings for the grant
of an injunction.

(6) In this section-

'judge', in relation to proceedings, means a judge of the court in which
the proceedinoare pending; and

'Registrar' means the Registrar of the Supreme Court and includes a
deputy or assistant registrar.

(Added, 19 of 1987, s. 4)

4. (1) In any proceedings instituted under this Ordinance the Court
may, subject to subsection (2), make an order for the partition of
property in land in any of the following ways

(a) into parcels held by single owners in severalty;

(b) into parcels held by 2 or more owners as joint tenants;

(c)into parcels held by 2 or more owners as tenants in common,

any may partition the property in all those ways or in any combination
of them and give all necessary or proper consequential directions.

(2) Where there is a building on any land, the Court shall not
partition the property in that land so that part only of a building stands
on any parcel into which the property in the land is partitioned unless
that part of the building is self-contained and is not connected to the
remainder of the building otherwise than by a party-wall or a mutual
staircase, or both,

(3) No order for partition shall prejudice any person other than a
party to the proceedings.





5. (1) The Court may, at any time after it has made an order under
section 4 for the partition of the property, on the application of any
person interested or of its own motion, make an order under this
section, which order may

(a)apportion or adjust between the several parcels into which the
property is partitioned any rights, obligations or liabilities in
force in respect of the property;

(b)create, as between the several parcels into which the property
is partitioned, or any of them, any easement, together with
rights and obligations attaching thereto,

and any order under this section shall have effect as if all necessary
dispositions or agreements had been duly made for that purpose by all
persons concerned.

(2) In any proceedings under this Ordinance any order made under
subsection (1) shall be served on the Director by the person having the
conduct of the proceedings. (Added, 19 of 1987, s. 5)

6. (1) In any proceedings under this Ordinance, where it appears to
the Court that a partition of the property would not be beneficial to all
the persons interested by reason of

(a) the nature of the land to which the proceedings relate;

(b) the number of the persons interested or presumptively
interested;

(e)the absence or disability of some of the persons interested; or

(d) any other circumstances,

the Court may make an order for the sale of the property.

(2) The Court may exercise its powers under subsection (1),
notwithstanding the dissent or disability of any person interested.

(3)(a) Without prejudice to subsection (1), if any person
interested in the property applies to the Court to make an
order for the sale of the property instead of an order for
partition, then, unless the other persons interested undertake
to purchase the interest of the party applying for an order for
sale, the Court may, if it thinks fit, make an order for the sale of
the property.

(b)If an undertaking is given by the other persons interested, the
Court may order a valuation of the interest of the person
applying for an order for sale in such manner as it thinks fit.

(4) On making an order under subsection (1) or subsection (3), the
Court may direct a distribution of the proceeds of the sale and give all
other necessary or proper consequential directions.

(5) On a sale under this section the Court may allow any of the
persons interested in the property to bid at the sale, on such terms as
the Court deems reasonable as to





(a) non-payment of deposit; or

(b)setting off or accounting for the purchase money or any part
thereof instead of paying the same; or

(c) as to any other matters.

7. (1) The proceeds of a sale of property under an order under
section 6 may, after deduction of the expenses thereof, be paid to
trustees appointed by the Court.

(2) Trustees appointed under subsection (1) shall apply the
proceeds of sale paid to them in the following order

(a)in the discharge of any liability due to the Crown in respect of
the property; and then

(b)in the discharge of any incumbrance affecting the property
directed to be sold; and then

(c) in payment of the residue to the persons interested.

8. (1) Where any judgment has been given or any order made for a
partition or sale of property under this Ordinance, the Court may make a
vesting order, consequential thereon, under the Trustee Ordinance.

(2) [Deleted, 2 of 1972, s. 8]

9. Jurisdiction is hereby conferred on the District Court for the
purpose of any proceedings under this Ordinance where the annual rent
or the rateable value, determined in accordance with the provisions of
the Rating Ordinance, or the annual value of the property in land,
whichever is the least, does not exceed the sum mentioned in section 35
of the District Court Ordinance, and in such proceedings a District
Judge shall have the power and authority of a judge of the High Court
conferred by this Ordinance.

(Amended, 6 of 1979, s. 3 and 79 of 1981, s. 3)

10. The Chief Justice may make rules in regard to any matter to be
prescribed under this Ordinance and dealing generally with all matters
of practice and procedure and incidental matters arising out of this
Ordinance, and for carrying this Ordinance into effect.

(Added, 19 of 1987, s. 6)

11. Nothing in the Partition (Amendment) Ordinance 1987 ('the
amending Ordinance') shall affect any proceedings commenced under
this Ordinance before the commencement of the amending Ordinance
and any such proceedings may be continued under this Ordinance as if
the amending Ordinance had not been

enacted. (19 of 1987, s. 7, incorporated

Originally 36 of 1969. 2 of 1972. 6 of 1979. L.N. 20/79. 79 of 1981. 19 of 1987. Short title. Interpretation. Power to order partition or sale of property in land. [cf. 1540 c. 32, s. 1.] Institution of proceedings and parties thereto. (Cap. 352, sub. leg.) [cf. 1868 c. 40, s. 9.] [cf. 1868 c. 40, s. 9.] [cf. 1868 c. 40, s. 9.] (Cap. 4, sub. Leg. O. 44, r. 3.) 1876 c. 17, s. 3. Addition of Attorney General as defendant. (Cap. 352, sub. leg.) Memorandum for stay of proceedings. (Cap. 4.) Partition of property in land. 1540 c. 32, s. 2. Court may apportion rights and obligations and create easements. Sale of land. [cf. 1868 c. 40, s. 3.] [cf. 1868 c. 40, s. 5.] 1868 c. 40, s. 6. Application of proceeds of sale. L.N. 20/79. Vesting order. (Cap. 29.) Jurisdiction of District Court. (Cap. 116.) (Cap. 336.) Power to make rules. Transitional (19 of 1987.)

Originally 36 of 1969. 2 of 1972. 6 of 1979. L.N. 20/79. 79 of 1981. 19 of 1987. Short title. Interpretation. Power to order partition or sale of property in land. [cf. 1540 c. 32, s. 1.] Institution of proceedings and parties thereto. (Cap. 352, sub. leg.) [cf. 1868 c. 40, s. 9.] [cf. 1868 c. 40, s. 9.] [cf. 1868 c. 40, s. 9.] (Cap. 4, sub. Leg. O. 44, r. 3.) 1876 c. 17, s. 3. Addition of Attorney General as defendant. (Cap. 352, sub. leg.) Memorandum for stay of proceedings. (Cap. 4.) Partition of property in land. 1540 c. 32, s. 2. Court may apportion rights and obligations and create easements. Sale of land. [cf. 1868 c. 40, s. 3.] [cf. 1868 c. 40, s. 5.] 1868 c. 40, s. 6. Application of proceeds of sale. L.N. 20/79. Vesting order. (Cap. 29.) Jurisdiction of District Court. (Cap. 116.) (Cap. 336.) Power to make rules. Transitional (19 of 1987.)

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EXCHANGES (SPECIAL LEVY)

EXCHANGES (SPECIAL LEVY) RULES

ARRANGEMENT OF RULES

Rule Page

1 Citation... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

REMISSION oF LEVIES

2. Remission of Commodity Exchange special levy ... ... ... ... ... ... A 2
3. Remission of Stock Exchange special levy ... ... ... ... ... ... ... ... A 2
4. Remission of levies collected before commencement ... ... ... ... ... ... A 2
5. Returns ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2
6. Late remission charge ... ... ... ... ... .... ... ... ... ... ... ... A 2

EXCHANGE COMPANIES EXAMINATION AND AUDIT

7. Records ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2
8. Trustee's access to records ... ... ... . ... ... ... ... ... ... ... ... A 3
9. Audit report ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 3

TRUSTEE ADMINISTRATION AND AUDIT

10. Deposit of fund money ... ... ... ... ... ... ... ... ... ... ... ... A
11. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 3

12. Fund audit ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 3
13. Distribution and publication ... ... ... ... ... ... ... ... ... ... ... A 3





EXCHANGES (SPECIAL LEVY) RULES

(Cap. 351, section 8)

[24 December 1987.]

1. These rules may be cited as the Exchanges (Special Levy) Rules.

REMISSION OF LEVIES

2. (1) On the 1st trading day of each month the Futures Exchange
Company shall remit all special levies imposed under section 3 of the
Ordinance from the 15th day of the previous month to the last day of
that month.

(2) On the 1st trading day after the 14th day of each month the
Futures Exchange Company shall remit all special levies imposed under
section 3 of the Ordinance from the I st day of that month to the 14th
day of that month.

3. On or before the 7th trading day of each month the Stock
Exchange Company shall remit all special levies imposed under section
4 of the Ordinance for the previous month.

4. The Exchange Companies shall include in their first remission
following the commencement of these rules, all special levies previously
imposed under the Ordinance but not previously remitted.

5. (1) The special levies shall be remitted as directed by the trustee
and shall be accompanied by a return, signed by an authorized director
of each Exchange Company, containing information required by the
trustee.

(2) A return and the amount of money remitted in respect of a
return may be adjusted to reflect an error in a previous return, in a
manner approved by the trustee.

6. If an Exchange Company fails to remit a special levy as and when
required under these rules, it is liable to pay on demand by the trustee a
late remission charge of 2 per cent above the best lending rate of The
Hongkong and Shanghai Banking Corporation calculated on a daily
basis during the period of default on the amount of the late remission at
the date of default.

EXCHANGE COMPANIES EXAMINATION AND
AUDIT

7. The Exchange Companies shall maintain proper books and
records relating to the special levies imposed under the Ordinance.





8. The Exchange Companies shall permit the trustee or his
agent to have access to and to take copies of their books and records
for the purposes of verifying compliance with the Ordinance and
fulfilling his duties as trustee.

9. (1) Within one month, or within a later date specified by
the trustee, after each 6 month period ending 30 June and 31
December, each Exchange Company shall, at its expense, provide to
the trustee, in a form required by him, a report by its company
auditor appointed under the Companies Ordinance, certifying that
the returns submitted under rule 5 in respect of the special levies
imposed for the relevant period are correct and in accordance with
the Ordinance.

(2) The first report under paragraph (1) shall be for the period
from 29 October 1987 to 31 December 1987.

TRUSTEE ADMINISTRATION AND AUDIT

10. The trustee shall deposit the money of the special levy fund
in a bank in Hong Kong licensed under the Banking Ordinance
unless otherwise authorized by the lenders under the facility letters.

11. The trustee shall keep accounts of all transactions of the
special levy fund and shall prepare, in respect of the period from 29
October 1987 to 30 June 1988, and afterward in respect of every
period of one year ending on 30 June, a statement of the accounts of
the fund which shall include a receipts and payments account and a
balance sheet and shall be signed by the trustee.

12. The accounts of the special levy fund and the signed
statement of the accounts shall be audited by the Director of Audit
who shall certify the statement subject to such report, if any, as he
may think fit.

13. The trustee shall, within 6 months after the end of each
period in respect of which a statement of the accounts is required to
be prepared under rule 11 and audited under rule 12 or within an
extended time authorized by the lenders, give to each lender under
the facility letters and publish in the Gazette-

(a)a copy of the signed and audited statement of the accounts
and the report of the auditor prepared under rules 11 and
12; and

(b)a report of the trustee on the administration of the special
levy fund during the period.
L.N. 421/87. Citation. Remission of Commodity Exchange special levy. Remission of Stock exchange special levy. Remission of levies collected before commencement. Returns. Late remission charge. Records. Trustee's access to records. Audit report. (Cap. 32.) Deposit of fund money. (Cap. 155.) Accounts. Fund audit. Distribution and publication.

L.N. 421/87. Citation. Remission of Commodity Exchange special levy. Remission of Stock exchange special levy. Remission of levies collected before commencement. Returns. Late remission charge. Records. Trustee's access to records. Audit report. (Cap. 32.) Deposit of fund money. (Cap. 155.) Accounts. Fund audit. Distribution and publication.

https://oelawhk.lib.hku.hk/items/show/3305

EXCHANGES (SPECIAL LEVY) ORDINANCE

LAWS OF HONG KONG

EXCHANGES (SPECIAL LEVY) ORDINANCE

CHAPTER 351





CHAPTER 351

EXCHANGES (SPECIAL LEVY)

To impose special levies on transactions on the Commodity Exchange
and Unified Exchange.

[29-October 1987.]

1. This Ordinance may be cited as the Exchanges (Special Levy)
Ordinance.

2. In this Ordinance, unless the context otherwise requires

Facility letters' means the facility letters entered into in October 1987
under which money is agreed to be loaned to the Hong Kong
Futures Guarantee Corporation Limited to finance the settlement
of obligations of the Corporation to clearing rnembers of the Hong
Kong Futures Exchange and, if the facility letters are replaced by
another agreement or agreements, means that agreement or those
agreements;

'Futures Exchange Company' means the Exchange Company under the
Commodities Trading Ordinance;

'leviable transaction' has the same meaning as in section 79A(4) of the
Commodities Trading Ordinance;

'securities' has the same meaning as in the Securities Ordinance;

'special levy fund' means the fund composed of money paid to the
trustee under sections 3 and 4 and includes money earned by the
fund;

'Stock Exchange Company' means the Exchange Company under the
Stock Exchanges Unification Ordinance;

'trustee' means the Director of Accounting Services;

'Unified Exchange' has the same meaning as in the Stock Exchanges
Unification Ordinance.

3. The Futures Exchange Company shall pay to the trustee or his
agent a special levy of $30 for each leviable transaction in the Stock
Index Market of the Futures Exchange Company.

4. The Stock Exchange Company shall pay to the trustee or his
agent a special levy of 0.03%, rounded to the nearest cent, of the
amount of consideration for each purchase and each sale of securities
recorded on the Unified Exchange.

5. The trustee or his agent shall pay money out of the special levy
fund in accordance with the facility letters.





6. The cost of administration of the special levy fund shall be a
charge on the general revenue.

7. The Public Finance Ordinance does not apply to this Ordinance.

8. The Governor may make rules respecting-

(a) remission of the special levies ' collected by the Exchange
Companies to the trustee and imposition of charges for
late remission of the levies;

(b) administration and audit of the special levy fund; and

(c)examination and audit of the Exchange Companies respecting
the collection and remission of the special levies.
Originally 63 of 1987. Short title. Interpretation. (Cap. 250.) (Cap. 250.) (Cap. 333.) (Cap. 361.) (Cap. 361.) Commodity Exchange special levy. Stock Exchange special levy. Trustee. Charge on general revenue. Non-application of Cap. 2. Rules.

Originally 63 of 1987. Short title. Interpretation. (Cap. 250.) (Cap. 250.) (Cap. 333.) (Cap. 361.) (Cap. 361.) Commodity Exchange special levy. Stock Exchange special levy. Trustee. Charge on general revenue. Non-application of Cap. 2. Rules.

https://oelawhk.lib.hku.hk/items/show/3304

LAW REFORM (MISCELLANEOUS AMENDMENTS) ORDINANCE

LAWS OF HONG KONG

LAW REFORM (MISCELLANEOUS AMENDMENTS)

ORDINANCE

CHAPTER 350





CHAPTER 350

LAW REFORM (MISCELLANEOUS AMENDMENTS)

To make provision for interim payments andfor conferring powers
exercisable by the courts before the commencement of an action,
to makefurther provision with respect to interest on damages, and
to amend the law relating to the limitation of actions.

[18 December 1970.]

1. (1) This Ordinance may be cited as the Law Reform
(Miscellaneous Amendments) Ordinance.

(2) Items 1 and 4 of the Schedule shall not come into operation
until such date as the Governor may appoint by notice in the Gazette;
and different days may be so appointed for different provisions of
those items and for different purposes.

2. The Ordinances specified in the second column of the Schedule
are amended to the extent and in the manner set out in the third column
of the Schedule.

3. The following provisions shall have effect in respect of items 2
and 3 of the Schedule

(a)the time for bringing proceedings in respect of a cause of
action which arose before the commencement of this
Ordinance shall, if it has not then already expired, expire at the
time when it would have expired if those items had at all
material times been in force;

(b)the amendment effected by item 3 shall, in the case of a
person dying after the commencement of this Ordinance,
apply as well in relation to causes of action arising before, as
in relation to causes of action arising after, the
commencement thereof.,

(c)save as provided in paragraphs (a) and (b), nothing in item 2
or 3 shall affect any action or proceeding if the cause of
action arose before the commencement thereof.

SCHEDULE [s. 2.]

Item Ordinance Amendment

1* Supreme Court 1 Section 48 is amended by inserting after subsec-
Ordinance. tion (3) the following new subsections-

1969 c. 58, (4) Where in any such proceedings
s. 21 as are mentioned in subsection (1) judg-
ment is given for a sum which (apart from
interest on damages) exceeds three thou-
sand dollars and represents or includes
damages in respect of personal injuries to
the plaintiff or any other person, or in





Item Ordinance Amendment

respect of a person's death, then (without
prejudice to the exercise of the power con-
ferred by that subsection in relation to any
part of that sum which does not represent
such damages) the court shall exercise that
power so as to include in that sum interest
on those damages or on such part of them
as the court considers appropriate, unless
the court is satisfied that there are special
reasons why no interest should be given in
respect of those damages.
(5) Any order under this section may
provide for interest to be calculated at
different rates in respect of different parts
of the period for which interest is given,
whether that period is the whole or part of
the period mentioned in subsection (1).
(6) For the avoidance of doubt it is
hereby declared that in determining, for
the purposes of any enactment contained
(Cap. 336. ) in Part IV of the District Court Ordinance,
whether an amount exceeds, or is less than,
a sum specified in that Part, no account
shall be taken of any power exercisable by
virtue of this section or of any order made
in the exercise of such a power.
(7) In this section-
'personal injuries' includes any disease
and any impairment of a person's
physical or mental condition.'.

2. [Amendments Incorporated]

3. [Amendment Incorporated]
(Amended, 92 of 19 75. s.
58)

2. Fatal Accidents 1, f 1954 c. 36. Section 8 is amended by deleting
Ordinance. s. ] -twelve months' and substituting the
following-
years'.
3. Law Reform [cf. 1954 c. 36, Section 2 is amended in paragraph (b)
(Miscellaneous ss. 4. 8(3).] of subsection (3) by deleting *'the cause of
Provisions) action arose not earlier than six months
Ordinance.* before his death amd

4.* District Court L** Section 49 is amended by inserting after subsec-
Ordinance. tion (3) the following new subsections-

---1969 c. 58. (4) Where in any such proceedings
s. 22. as are mentioned in subsection (1) judg-
ment is given for a sum which (apart from
interest on damages) exceeds three thou-
sand dollars and represents or includes
damages in respect of personal injuries to
the plaintiff or any other person, or in
respect of a person's death, then (without
prejudice to the exercise ofthe power con-
ferred by that subsection in relation to any

* This Ordinance has been consolidated into the Law Reform and Amendment
(Consolidation) Ordinance, Cap. 23, in the 1971 annual revision. Section 2
has now become section 20 in the Consolidation Ordinance.







Sections in this item have been re-numbered because of the consolidation of
the District Court Ordinance and the District Court (Civil Jurisdiction and
Procedure) Ordinance in the 1972 annual revision.





Amendment

part of that sum which does not represent
such damages) the Court shall exercise
that power so as to include in that sum
interest on those damages or on such part
of them as the Court considers
appropriate, unless the Court is satisfied
that there are special reasons why no
interest should be given in respect of
those damages.

(5) Any order under this section may
provide for interest to be calculated at
difrerent rates in respect of different
parts of the period for which interest is
given, whether that period is the whole or
part of the period mentioned in
subsection (1).

(6) For the avoidance of doubt it is
hereby declared that in determining for
the purposes of any enactment contained
in Part IV. whether an amount exceeds,
or is less than. a sum specified in that
Part, no account shall be taken of any
power exercisable by virtue of this
section or of any order made in the
exercise of such a power.

(7) In this section

---personalinjuries' includes any disease
and any impairment of a person's
physical or mental conditicin.-.

2. The following new sections are added after
section 5O

Powers of50A. (1) On the application of any
Courtperson in accordance with rules, the Court
exercisable
beforeshall, in such circumstances as may be

commencement specified in the rules, have power to make

of action. an order providing for any one or more of

1969 c. 58, s. 21. the following matters-

(a)the inspection, photographing,
preservation. custody and
detention of property which
appears to the Court to be
property which may become the
subject matter of subsequent
proceedings in the Court, or as to
which any question may arise in
any such proceedings; and

(b)the taking of samples of any such
property as is mentioned in
paragraph (a) and the carrying
out of any experiment on or with
any such property.







(2) The power to make civil
procedure rules under section 72 shall
include power to make rules as to the
manner in which an application for such
an order can be made, and as to the
circumstances in which such an order can
be made; and any such rules may include
such incidental, supplementary and
consequential provisions as the authority
making the rules may consider necessary
or expedient.

(3) In this section-

'property' includes any land, chattel or
other corporeal property of any
description.





Amendment

Power of CourtSOB. On the application, in accord-
to orderance with rules, of a person who appears
disclosure. etc.to the Court to be likely to be a party
of documents
beforeto subsequent proceedings in that court
commencement in which a claim in respect of personal
of proceedings.injuries to a person or in respect of a
1970 c. 31, s. 31. person's death is likely to be made, the
Court shall, in such circumstances as may
be specified in the rules, have power to
order a person who appears to the Court
to be likely to be a party to the proceedings
and to be likely to have or to have had
in his possession, custody or power any
documents which are relevant to an issue
arising or likely to arise out of that claim-
(a) to disclose whether those docu-
ments are in his possession, cus-
tody or power; and
(b) to produce to the applicant such
of those documents as are in his
possession, custody or power.
Extension of50C. (1) On the application, in

powers of Court accordance with rules, of a party to any

to orderproceedings in which a claim in respect of
disclosure ofto a person or in respect
documents. personal injuries
inspection ofof a person's death is made, the Court
property, etc.shall, in such circumstances as may be
1970 c. 3 1. s. 32. specified in the rules, have power to order
a person who is not a party to the proceed-
ings and who appears to the Court to be
likely to have or to have had in his posses-
sion, custody or power any documents
which are relevant to an issue arising out
of that claim-
(a) to disclose whether those docu-
ments are in his possession, cus-
tody or power; and
(b) to produce to the applicant such
of those documents as are in his
possession, custody or power.
(2) On the application, in accord-
ance with rules, of a party to any such
proceedings as are referred to in subsec-
tion (1), the Court shall, in such circum-
stances as may be specified in the rules,
have power to make an order providing
for any one or more of the following
matters-
(a) the inspection, photographing,
preservations, custody and deten-
tion of property which is not the
property of, or in the possession
of, any party to the proceedings
but which is the subject matter of
the proceedings or as to which
any question arises in the pro-
ceedings;
(b) the taking of samples of any such
property as is mentioned in para-






graph (a) and the carrying out of
any experiment on or with any
such property.





Amendment

(3) Subsections (1) and (2) are
without prejudice to the exercise by the
Court of any power to make orders which
is exercisable apart from those
provisions.

(4) In this section

'property' includes any land, chattel or
other corporeal property of any
description.

Provisions SOD. (1) The power to'make civil
supplementaryprocedure rules under section 72 shall in-
to sections SOB
and 50C.clude power to make rules as to the cir-
1970 c. 31, s. 33.cumstances in which an order under sec-
tion 50B or 50C can be made; and any
such rules may include such incidental,
supplementary and consequential provi-
sions as the authority making the rules
may consider necessary or expedient.
(2) Without prejudice to the gener-
ality of subsection (1), civil procedure rules
shall or may be made under section 72 for
the purpose of ensuring that the costs of
and incidental to proceedings for an order
under section 50B or 50C incurred by the
person against whom the order is sought
shall be awarded to that person unless the
Court otherwise directs.
(3) In sections 5013, 50C and 50E-
'personal injuries- includes any disease
and any impairment of a person's
physical or mental condition.
Application to 50E (1) Section 50A shall bind the
Crown ofCrown so far as it relates to property
sections 50 to
SOD. (within the meaning of that section) as to
1970 c. 3 1, s. 35.which it appears to the court that it may
become the subject matter of subsequent
proceedings involving a claim in respect of
personal injuries to a person or in respect
of a person's death.
(2) Sections 50B 50C and 50D shall
bind the Crown,
(3) A Court shall not make an order
under section 50A, 50B or 50C if it con-
siders that compliance with the order, if
made, would be likely to be injurious to
the public interest.-.

3. The following new section is added after section
72

-orders for 72A. (1) The power to make civil
interim procedure rules under section 72 shall in-
payment.
1969 c. 58, s. 20.clude power by any such rules to make
provision for enabling the Court in which
any proceedings are pending, in such cir-
cumstances as may be specified in the
rules, to make an order requiring a party






to the proceedings to make an interim
payment of such amount as may be
specified in the order, either by payment
into court or (if the order so provides)
by paying it to another party to the pro-
.ceedings.





Amendment

(2) Where any such rules make
provision in accordance with subsection
(1), the rules may include provision for
enabling a party to any proceedings who,
in pursuance of such an order, has made
an interim payment to recover the whole
or part of the amount of the payment in
such circumstances, and from such other
party to the proceedings, as may be
determined in accordance with the rules.

(3) Any rules made by virtue of this
section may include such incidental,
supplementary and consequential
provisions as the authority making the
rules may consider necessary or
expedient.

(4) Nothing in this section shall be
construed as affecting the exercise of any
power relating to costs, including any
power to make rules relating to costs.

(5) In this section-

(a)-interim paymenC, in relation to
a party to any proceedings,
means a payment on account of
any damages, debt or other sum
(excluding any costs) which that
party may he held liable to pay
to or for the benefit of another
party to the proceedings if a final
judgment or order of the Court in
the proceedings is given or made
in favour of that other party; and

(b)any reference to a party to any
proceedings includes a reference
to any person who for the
purposes of the proceedings acts
as next friend or guardian of a
party to the proceedings.

1969 58 (6) This section shall bind the Crown
34(3). so far as (but no further than) any pro-
ceedings to which the section is applicable
can be brought by or against the Crown in
(Cap. 300.) accordance with the Crown Proceedings
Ordinance.---.
Originally 100 of 1970. L.N. 76/71. L.N. 257/72. 92 of 1975. L.N. 80/77. Short title, and commencement of items 1 and 4 of Schedule. [cf. 1970 c. 31, s. 54(4).] Amendment of specified Ordinances. Schedule. Transitional provisions. 1954 c. 36, s. 7. (Cap. 4.) [*In operation on 15.4.77-see L.N. 80/77.] (Cap. 22.) (Cap. 271.) (Cap. 336.) [*In operation on 15.4.77-see L.N. 80/77.]

Originally 100 of 1970. L.N. 76/71. L.N. 257/72. 92 of 1975. L.N. 80/77. Short title, and commencement of items 1 and 4 of Schedule. [cf. 1970 c. 31, s. 54(4).] Amendment of specified Ordinances. Schedule. Transitional provisions. 1954 c. 36, s. 7. (Cap. 4.) [*In operation on 15.4.77-see L.N. 80/77.] (Cap. 22.) (Cap. 271.) (Cap. 336.) [*In operation on 15.4.77-see L.N. 80/77.]

https://oelawhk.lib.hku.hk/items/show/3303

ADMINISTRATION OF JUSTICE (MISCELLANEOUS PROVISIONS) ORDINANCE

LAWS OF HONG KONG

ADMINISTRATION OF JUSTICE (MISCELLANEOUS

PROVISIONS) ORDINANCE

CHAPTER 349

(Repealed by the Supreme Court (Amendment)
Ordinance 1987, No. 52 of 1987)

https://oelawhk.lib.hku.hk/items/show/3302

HOTEL ACCOMMODATION TAX ORDINANCE

LAWS OF HONG KONG

HOTEL ACCOMMODATION TAX ORDINANCE

CHAPTER 348





CHAPTER 348

HOTEL ACCOMMODATION TAX

To impose a tax on hotel accommodation charges.

[1 July 1966.]

1. This Ordinance may be cited as the Hotel Accommodation
Tax Ordinance.

2. In this Ordinance, unless the context otherwise requires-
'accommodation' means any furnished room or suite of rooms
hired by the proprietor of the hotel to guests, or for the use of
guests, for lodging and includes such furnishings, appliances
and fittings as are normally provided therein;
'accommodation charge' means the sum payable by or on behalf of
guests for accommodation received;
'Collector' means the Collector of Stamp Revenue; (Replaced, 31
of 1981, s. 65)
'hotel' means any establishment, the proprietor of which holds out
to the extent of his accommodation that he will provide, without
special contract, accommodation to any person presenting
himself who is able and willing to pay a reasonable sum for the
services and facilities provided and is in a fit state to be received;

'payment' means any payment in money or money's worth made
by any person to the proprietor of a hotel for accommodation
received whether by that person or by some other person and
includes any credit, book entry, set off or any other act by
which a debt due to the proprietor of a hotel for accommoda-
tion charges may be discharged;

'society' means any club, company, school, institute, association
or other body of persons by whatever name called;

'tax' means the hotel accommodation charges tax imposed by this
Ordinance.

3. (1) Subject to the provisions of this Ordinance, there shall
be levied on all accommodation charges made a tax at the rate of 5
percent. (Amended, L.N. 39175 and L.N. 149183)
(2) The rate of tax to be levied under this section may be
varied by resolution of the Legislative Council.
(3) The tax payable under this section shall be recoverable
from the proprietors of hotels as a debt due to the Crown.

4. Where, in the opinion of the Collector, any account which
has been paid or has become payable to the proprietor of a hotel by
or on behalf of a guest includes a sum in respect of accommodation





charges, the Collector may assess the account and apportion such part
thereof to accommodation charges as he thinks reasonable.

5. (1) The proprietor of every hotel shall pay to the Collector, within
14 days after 30 September, 31 December, 31 March and 30 June in each
year, the amount of the tax payable in respect of the 3 monthly periods
ending on those dates and at the same time the manager of that hotel
shall sign and send to the Collector a return setting out the total amount
of accommodation charges made by the proprietor of the hotel during
the period. in respect of which the tax paid relates:

Provided that the Collector may require that tax be paid in respect
of periods of less than 3 months and in such case the tax shall be paid
within 14 days after the expiry of such lesser periods.

(2) Any proprietor of a hotel who fails to pay tax to the Collector in
accordance with subsection (1) commits an offence and shall be liable
on summary conviction to a fine of $2,000.

(3) Any person commits an offence who, being the manager of a
hotel, fails to make a return within the period specified in subsection (1)
or furnishes a return knowing the same to be false or incorrect in any
material particular and shall be liable on summary conviction to a fine of
52,000.

6. (1) The provisions of this Ordinance shall not apply to
accommodation charges where the Collector is satisfied that

(a)the rate of the accommodation charge is less than $15 per day;

(b)the accommodation is provided by a society not established
or conducted for profit; or

(c)the hotel contains less than 10 rooms normally available for
lodging guests.

(2) The Legislative Council may, by resolution, vary-.

(a)the rate of the accommodation charge set out in subsection
(1)(a); or

(b) the number of rooms set out in subsection (1)(c).

7. (1) Any person aggrieved by a decision of the Collector made
under or in exercise of the powers vested in him by the proviso to
section 5(1) may, within 1 month of the day on which he received
notification of such decision, appeal by way of petition to the Governor
in Council.

(2) Upon any such appeal, the Governor in Council may confirm,
reverse or vary the decision of the Collector.

(3) Any person aggrieved by a decision of the Collector made
tinder or in exercise of the powers vested in him by section 4 or 6





may,.within 1 month of the day on which he received notification of
such decision, appeal against such decision to the District Court.

(4) The District Court may determine the practice and procedure on
any appeal under subsection (3).

8. (1) The Collector may prescribe the form of the return to be
furnished under section 5(1).

(2) The Collector may require the manager of a hotel to keep
adequate records relating to the occupancy of the accommodation of
the hotel and to keep adequate accounts relating to accommodation
charges.

(3) The Collector or any person authorized in writing by him may
enter any hotel at any reasonable time and inspect the records of the
hotel that relate to accommodation charges or to the occupancy of the
accommodation of the hotel or to the payment of tax under this
Ordinance.

(4) The Collector or any person authorized in writing by him may
require the manager of a hotel to produce any books or records of the
hotel that relate to accommodation charges, the occupancy of the
accommodation of the hotel, or the payment of tax under this Ordinance.

(5) Any person who, being manager of a hotel, fails to comply with
any requirement made under subsection (2) or (4) by the Collector or by
any person authorized by him commits an offence and shall be liable on
summary conviction to a fine of $500.

(6) The Collector may enter into such agreement as he thinks fit
with the proprietor of any hotel for the payment of tax or to defer the
time of payment of tax.

(7) Where the Collector is of the opinion that any person has
committed an offence against any of the provisions of this Ordinance,
he may send a notice to that person setting out particulars of the alleged
offence and make an offer to compound the offence.

(8) The Collector may make an offer to compound an offence
notwithstanding the commencement of proceedings against the alleged
offender.

9. Where it can be shown to the satisfaction of the Collector that
any accommodation charge has not been paid to the proprietor of a
hotel, the Collector shall refund the tax paid in respect of that
accommodation charge.

10. Criminal proceedings in respect of any offence under section 5
may be commenced at any time not later than

(a) 2 years after the discovery thereof by the Collector; or

(b) 6 years after the commission of the offence,

whichever period expires first.

(Added, 10 of 1978, s. 2)
Originally 39 of 1965. L.N. 39/75. 10 of 1978. 31 of 1981. L.N. 149/83. Short title. Interpretation. Tax on accommodation charges. Assessment of accommodation charges. Tax to be paid and returns made to Collector. Exemption. Appeal against certain decisions of Collector. Powers of the Collector. Refund of tax to hotel where accommodation charge is not paid. Limitation of time for criminal proceedings under section 5.

Originally 39 of 1965. L.N. 39/75. 10 of 1978. 31 of 1981. L.N. 149/83. Short title. Interpretation. Tax on accommodation charges. Assessment of accommodation charges. Tax to be paid and returns made to Collector. Exemption. Appeal against certain decisions of Collector. Powers of the Collector. Refund of tax to hotel where accommodation charge is not paid. Limitation of time for criminal proceedings under section 5.

https://oelawhk.lib.hku.hk/items/show/3301

LIMITATION ORDINANCE

CHAPTER 347,

LIMITATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1..........Short title ....................... ... ... ... ... ... ... ... ... ... 3

2. Interpretation..................... ... ... ... ... ... ... ... ... 3

PART II

PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF ACTION

3.........................Part II to be subject to provisions of Part III ... ... ... ... ... ... ... 4

Actions ofeontract and tort and certain other actions
4. Limitation of actions of contract and tort, and certain other actions ... ... 5

5. Limitation in case of successive conversions and extinction of title of owner of

converted goods ....................... ... ... ... ... ... ... ... ... 6

6.....................Time limit for claiming contribution ... ... ... ... ... ... ... ... ... 6

Actions to recover land and rent

7.....................Limitation of actions to recover land ... ... ... ... ... ... ... ... ... 7.

8................................Accrual of right of action in case of present interests in land ... ... ... ... 7

9...........................Accrual of right of action in case of future interests ... ... ... ... ... ... 7

10......................Provisions in case of land held on trust ... ... ... ... ... ... ... ... 8

11...................................Accrual of right of action in case of forfeiture or breach of condition ... ... 9

12.............................Accrual of right of action in case of certain tenancies ... ... ... ... ... 9

13......................................Right of action not to accrue or continue unless there is adverse possession ... 10

14....................Limitation of redemption actions ...
............................................ ... ... ... 10

15...................................No right of action to be preserved by formal entry or continual claim ... ... 10

16....................Administration to date back to death ... ... ... ... ... ... ... ... ... 10

17.........................Extinction of title after expiration of period ... ... ... ... ... ... ... 10

is....................Limitation of actions to recover rent ... ... ... ... ... ... ... ... ... 10

Actions to recover money secured by a mortgage or charge
or to recover proceeds ofthe sale ofland

19. Limitation of actions to recover money secured by a mortgage or charge or to

recover proceeds of the sale of land ... ... ... ... ... ... ... ...







Actions in respect of trust property or the personal

estate ofdeceased persons
20...........................Limitation of actions in repect of trust property ... ... ... . ... ... 12

21. Limitation of actions claiming personal estate of a deceased person ... ... ... 12





Section .....................Page
PART III
EXTENSION OF LIMITATION PERIODS IN CERTAIN CASES

22. Extension of limitation period in case of disability ... ... ... ... ... ... 12

Acknowledgment and part pavinew
23. Fresh accrual of action on acknowledgment or part payment ... ... ... ... 13

24. Formal provisions as to acknowledgments and part payments ... ... ... 14

25. Effect of acknowledgment or part payment on persons other than the maker or

recipient ............................... ... ... ... ... ... ... ... 14

Fraud and mislake
26. Postponement of limitation period in case of fraud or mistake ... ... ... 15

Special pro visions applicahle to certain actions in
respect of personal injuries

27. Time limit for personal injuries .......... ... ... ... ... ... ... ... ... 16

28. Time limit for actions under Fatal Accidents Ordinance ... ... ... ... 17

29. Dependants subject to different time limits ... ... ... ... ... ... ... 18

30. Court's power to override time limits ..... ... ... ... ... ... ... ... ... 18

31-33........[Repealed] ........................ ... ... ... ... ... ... ... ... ... 20

PART IV
GENERAL
34. Application of Ordinance and other limitation enactments to arbitrations ... 20

35. New claims in pending actions: rules of court ... ... ... ... ... ... ... 21

36. Acquiescence ........................... ... ... ... ... ... ... ... ... 22

37. Application to the Crown .................. ... ... ... ... ... ... ... 22

38. Transitional provisions and provisions as to actions already barred ... ... ... 23

39. Cessations of application .............. .. ... ... ... ... ... ... ... 24

40. Saving ...... .............................. ... ... ... ... ... 24

Schedule. Cessation of application of enactments .. ... ... ... ... ... ... ... 24





CHAPTER 347

LIMITATION

To consolidate and amend the law relating to the limitation of actions and
arbitrations.

[11 June 1965.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Limitation Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'action' includes any proceeding in a court of law;

'the courC, in relation to an action, means the court in which the action has
been, or is intended to be, brought;

'foreshore' means the shore and bed of the sea and of any tidal water, below
the line of the medium high tide between the spring tides and the neap
tides;

'land' includes corporeal hereditaments and rentcharges, and any legal or
equitable estate or interest therein, including an interest in the proceeds of
the sale of land held upon trust for sale, but save as aforesaid does not
include any incorporeal hereditament;

'parent' includes father and mother, and grandfather and grandmother, and
stepfather and stepmother, whether any such relationship is legitimate,
illegitimate or in consequence of adoption;

'personal estate' and 'personal property' do not include chattels reA;

'personal injuries' includes any disease and any impairment of a person's
physical or`mental condition, and 'injury' shall be construed accordingly;
(Replaced, 67 of 1976, s. 2)

'rent' includes a rentcharge and a rent service;

'rentcharge' means any annuity or periodical sum of money charged upon or
payable out of land, except a rent service or interest on a mortgage on
land;

'ship' includes every description of vessel used in navigation not propelled
solely by oars;





'trust', 'trustee' and 'trust for sale' have the same meanings
respectively as in the Trustee Ordinance.

(2) A person shall be deemed to claim through another person, if
he became entitled by, through, under, or by the act of that other
person to the right claimed:

Provided that a person becoming entitled to any estate or interest
by virtue of a special power of appointment shall not be deemed to
claim through the appointer.

(3) References in thisOrdinance to aright of action to recover land
shall include references to a right to enter into possession of the land
or, in the case of rentcharges, to distrain for arrears of rent, and
references to the bringing of such an action shall include references to
the making of such an entry or distress.

(4) In the case of rentcharges, references*in this Ordinance to the
possession of land shall be construed as references to the receipt of the
rent, and references to the date of dispossession or discontinuance of
possession of land shall be construed as references to the date of the
last receipt of rent.

(5) In Part III of this Ordinance, references to a right of action
shall include references to a cause of action and to a right to receive
money secured by a mortgage or charge on any property or to recover
proceeds of the sale of land, and to a right to receive a share or interest
in the personal estate of a deceased person; and references to the date
of the accrual of a right of action shall

(a)in the case of an action for an account, be construed as
references to the date on Which the matter arose in respect of
which an account is claimed;

(b)in the case of an action upon a judgment, be construed as
references to the date on which the judgment became
enforceable;

(c)in the case of an action to recover arrears of rent or interest,
or damages in respect thereof, be construed as references to
the date on which the rent or interest became due.

PART II

PERIODS OF LIMITATION FOR DIFFERENT CLASSES OF
ACTION

3. The provisions of this Part shall have effect subject to the
provisions of Part III which provide for the extension of the periods of
limitation in the case of disability, acknowledgment, part payment, fraud
and mistake, and in the case of certain actions in respect of personal
injuries.





Actions of contract and tort and certain other actions

4. (1) The following actions shall not be brought after the
expiration of 6 years from the date on which the cause of action
accrued, that is to say-

(a) actions founded on simple contract or on tort;

(b) actions to enforce a recognizance;

(c)actions to enforce an award, where the submission is not
by an instrument under seal;

(d)actions to recover any sum recoverable by virtue of any
Ordinance or imperial enactment, other than a penalty or
forfeiture or sum by way of penalty or forfeiture:

Provided that-
(i)in the case of actions for damages for negligence, nuisance
or breach of duty (whether the duty exists by virtue of a
contract or of provision made by or under any Ordinance
or imperial enactment or independently of any contract or
any such provision) where the damages claimed by the
plaintiff for the negligence, nuisance or breach of duty
consist of or include damages in respect of personal
injuries to any person, this subsection shall have effect as
if for the reference to 6 years there were substituted a
reference to 3 years; and
(ii) nothing in this subsection shall be taken to refer to any
action to which section 6 applies.

(2) An action for an account shall not be brought in respect of
any matter which arose more than 6 years before the commencement
of the action.

(3) An action upon a specialty shall not be brought after the
expiration of 12 years from the date on which the cause of action
accrued:

Provided that this subsection shall not affect any action for
which a shorter period of limitation is prescribed by any other
provision of this Ordinance.

(4) An action shall not be brought upon any judgment after
the expiration of 12 years from the date on which the judgment
became enforceable, and no arrears of interest in respect of any
judgment debt shall be recovered after the expiration of 6 years from
the date on which the interest became due.

(5) An action to recover any penalty or forfeiture, or sum by
way of penalty or forfeiture, recoverable by virtue of any Ordinance
or imperial enactment shall not be brought after the expiration of
2 years from the date on which the cause of action accrued:

Provided that for the purposes of this subsection the expression
'penalty' shall not include a fine to which any person is liable on
conviction of a criminal offence.





(6) Subsection (1) shall apply to an action to recover seamen's
wages, but save as aforesaid this section shall not apply to any cause
of action within the Admiralty jurisdiction of the High Court which is
enforceable in rem.

(7) This section shall not apply to any claim for specific
performance of a contract or for an injunction or for other equitable
relief, except in so far as any provision thereof may be applied by the
court by analogy in like manner as the corresponding enactment
contained in the Limitation Act 1939 is applied in the English Courts.

(8) This section has effect subject to section 27. (Added, 67 of 1976,
s. 3)

5. (1) Where any cause of action in respect of the conversion e or
wrongful detention of a chattel has accrued to any person and, before he
recovers possession of the chattel, a further conversion or wrongful
detention takes place, no action shall be brought in respect of the further
conversion or detention after the expiration of 6 years from the accrual of
the cause of action in respect of the original conversion or detention.

(2) Where any such cause of action has accrued to any person
and the period prescribed for bringing that action and for bringing any
action in respect of such a further conversion or wrongful detention as
aforesaid has expired and he has not during that period recovered
possession of the chattel, the title of that person to the chattel shall be
extinguished.

6. (1) Where under section 3 of the Civil Liability (Contribution)
Ordinance any person becomes entitled to a right to recover
contribution in respect of any damage from any other person, no action
to recover contribution by virtue of that right shall (subject to sections
22 and 26) be brought after the end of the period of 2 years from the
date on which that right accrued.

(2) For the purposes of this section the date on which a right to
recover contribution in respect of any damage accrues to any person
(in this subsection referred to as 'the relevant date') shall be
ascertained as follows, that is to say

(a)if the person in question is held liable in respect of that
damage by ajudgment given in any civil proceedings, or an
award made on any arbitration, the relevant date shall be the
date on which the judgment is given, or the date of the award,
as the case may be;

(b)if, in any case not falling within paragraph (a), the person in
question makes or agrees to make any payment to one or
more persons in compensation for that damage (whether he
admits any liability in respect of the damage or not), the
relevant date shall be the earliest date on which the amount to
be paid by him is agreed between him (or his representative)
and the person (or each of the persons, as the case may be)
to whom the payment is to be made,





and for the purposes of this subsection no account shall be taken of
any judgment or award given or made on appeal in so far as it varies
the amount of damages awarded against the person in question.
(Replaced, 77 of 1984, s. 10)

Actions to recover land and rent

7. (1) No action shall be brought by the Crown to recover
any land after the expiration of 60 years from the date on which the
right of action accrued to the Crown or, if it first accrued to some
person through whom the Crown claims, to that person.

(2) No action shall be brought by any other person to recover
any land after the expiration of 20 years from the date on which the
right of action accrued to him or, if it first accrued to some person
through whom he claims, to that person:

Provided that, if the right of action first accrued to the Crown
through whom the person bringing the action claims, the action
may be brought at any time before the expiration of the period
during which the action could have been brought by the Crown, or
of 20 years from the date on which the right of action accrued to
some person other than the Crown, whichever period first expires.

8. (1) Where the person bringing an action to recover land,
or some person through whom he claims, has been in possession
thereof, and has while entitled thereto been dispossessed or discon-
tinued his possession, the right of action shall be deemed to have
accrued on the date of the dispossession or discontinuance.

(2) Where any person brings an action to recover any land of
a deceased person, whether under a will or on intestacy, and the
deceased person was on the date of his death in possession of the
land or, in the case of a rentcharge created by will or taking effect
upon his death, in possession of the land charged, and was the last
person entitled to the land to be in possession thereof, the right of
action shall be deemed to have accrued on the date of his death.

(3) Where any person brings an action to recover land, being an
estate or interest in possession assured otherwise than by will to
him, or to some person through whom he claims by a person who, at
the date when the assurance took effect, was in possession of the
land or, in the case of a rentcharge created by the assurance, in
possession of the land charged, and no person has been in possession
of the land by virtue of the assurance, the right of action shall be
deemed to have accrued on the date when the assurance took effect.

9. (1) Subject as hereafter provided in this section the right
of action to recover any land shall, in a case where the estate or
interest claimed was an estate or interest in reversion or remainder
or any other future estate or interest and no person has taken





possession of the land by virtue of the estate or interest claimed, be
deemed to have accrued on the date on which the estate or interest fell
into possession by the determination of the preceding estate or interest.

(2) If the person entitled to the preceding estate or interest, not
being a term of years absolute, was not in possession of the land on the
date of the determination thereof, no action shall be brought by the
person entitled to the succeeding estate or interest after the expiration
of 20 years from the date on which the right of action accrued to the
person entitled to the preceding estate or interest, or 6 years from the
date on which the right of action accrued to the person entitled to the
succeeding estate or interest, whichever period last expires:

Provided that, where the Crown is entitled to the succeeding
estate or interest, the foregoing provisions of this subsection shall
have effect with the substitution for the reference to 20 years of a
reference to 60 years, and for the reference to 6 years of a reference to
20 years. (Amended, L.N. 100168)

(3) No person shall bring an action to recover any estate or interest
in land under an assurance taking effect after the right of action to
recover the land had accrued to the person by whom the assurance was
made or some person through whom he claimed or some person entitled
to a preceding estate or interest, unless the action is brought within the
period during which the person by whom the assurance was made
could have brought such an action.

(4) Where any person is entitled to any estate or interest in land in
possession and, while so entitled, is also entitled to any future estate or
interest in that land, and his right to recover the estate or interest in
possession is barred under this Ordinance, no action shall be brought
by that person, or by any person claiming through him, in respect of the
future estate or interest, unless in the meantime possession of the land
has been recovered by a person entitled to an intermediate estate or
interest.

10. (1) Subject to the provisions of section 20(1), the provisions of
this Ordinance shall apply to equitable interests in land, including
interests in the proceeds of the sale of land held upon trust for sale, in
like manne~r''as they apply to legal estates, and accordingly a right of
action to recover the land shall, for the purposes of this Ordinance but
not otherwise, be deemed to accrue to a person entitled in possession
to such an equitable interest in the like manner and circumstances and
on the same date as it wouUaccrue if his interest were a legal estate in
the land.

(2) Where any land is held upon trust, including a trust for sale,
and the period prescribed by this Ordinance has expired for the bringing
of an action to recover the land by the trustees, the estate of the
trustees shall not be extinguished if and so long as the right of action to
recover the land of any person entitled to a beneficial interest in the
land or in the proceeds of sale either has not accrued





or has not been barred by this Ordinance, but if and when every such
right of action has been so barred, the estate of the trustee shall be
extinguished.

(3) Where land is held upon trust, including a trust for sale, an
action to recover the land may be brought by the trustees on behalf of
any person entitled to a beneficial interest in possession in the land or
in the proceeds of sale whose right of action has not been barred by
this Ordinance, notwithstanding that the right of action of the trustees
would apart from this provision have been barred by this Ordinance.

11. A right of action to recover land by virtue ofa forfeiture or
breach of condition shall be deemed to have accrued on the date on
which the forfeiture was incurred or the condition broken:

Provided that, if such a right has accrued to a person entitled to an
estate or interest in reversion or remainder and the land was not
recovered by virtue thereof, the right of action to recover the land shall
not be deemed to have accrued to that person until his estate or interest
fell into possession, as if no such forfeiture or breach of condition had
occurred.

12. (1) A tenancy at will shall, for the purposes of this Ordinance,
be deemed to be determined at the expiration of a preiod of 1 year from
the commencement thereof, unless it has previously been determined,
and accordingly the right of action of the person entitled to the land
subject to the tenancy shall be deemed to have accrued on the date of
such determination.

(2) A tenancy from year to year or other period, without lease in
writing, shall, for the purposes of this Ordinance, be deemed to be
determined at the expiration of the first year or other period, and
accordingly the right of action of the person entitled to the land subject
to the tenancy shall be deemed to have accrued at the date of such
determination:

Provided that, where any rent has subsequently been received in
respect of the tenancy, the right of action shall be deemed to have
accrued on the date of the last receipt of rent.

(3) Where any person is in possession of land by virtue of a
lease in writing by which a rent of not less than $20 is reserved, and
the rent is received by some person wrongfully claiming to be
entitled to the land in reversion immediately expec tant on the
determination of the lease, and no rent is subsequently received by
the person rightfully so entitle d, the right of action of the last-named
person to recover the land shall be deemed to have accrued at the
date when the rent was first received by the person wrongfully
claiming as aforesaid and not at the date of the determination of the
lease.

(4) Subsections (1) and (3) shall not apply to any tenancy at will or
lease granted by the Crown.





13. (1) No right of action to recover land shall be deemed to accrue
unless the land is in the possession of some person in whose favour the
period of limitation can run (hereafter in this section referred to as
adverse possession) and where under the foregoing provisions of this
Ordinance any such right of action is deemed to accrue on a certain date
and no person is in adverse possession on that date, the right of action
shall not be deemed to accrue unless and until adverse possession is
taken of the land.

(2) Where a right of action to recover land has accrued and
thereafter, before the right is barred, the land ceases to be in adverse
possession, the right of action shall no longer be deemed to have
accrued and no fresh right of action shall be deemed to accrue unless
and until the land is again taken in adverse possession.

(3) For the purposes of this section-

(a)possession of any land subject to a rentcharge by a person
(other than the person entitled to the rentcharge) who does
not pay the rent shall be deemed to be adverse possession of
the rentcharge; and

(b)receipt of rent under a lease by a person wrongfully claiming,
in accordance with section 12(3), the land in reversion shall be
deemed to be adverse possession of the land.

14. When a mortgagee of land has been in possession of any of
the mortgaged land for a period of 20 years, no action to redeem the
land of which the mortgagee has been so in possession shall thereafter
be brought by the mortgagor or any person claiming through him.

15. For the purposes of this Ordinance, no person shall be deemed
to have been in possession of any land by reason only of having made
a formal entry thereon, and no continual or other claim upon or near any
land shall preserve any right of action to recover the land.

16. For the purposes of the provisions of this Ordinance relating to
actions for the recovery of land, an administrator of the estate of a
deceased person shall be deemed to claim as if there had been no
interval of time between the death of the deceased person and the grant
of the letters of administration.

17. Subject to the provisions of section 10, at the expiration of the
period prescribed by this Ordinance for any person to bring an action to
recover land (including a redemption action), the title of that person to
the land shall be extinguished.

18. No action shall be brought, or distress made, to recover arrears
of rent, or damages in respect thereof. after the expiration of 6 years
from the date on which the arrears became due.





Actions to recover money secured by a mortgage or charge or to
recover proceeds of the sale of land

19. (1) No action shall be brought to recover any principal sum of
money secured by a mortgage or other charge on property, or to
recover proceeds of the sale of land, after the expiration of 20 years from
the date when the right to receive the money accrued.

(2) No foreclosure action in respect of mortgaged personal
property shall be brought after the expiration of 20 years from the date
on which the right to foreclose accrued:

Provided that if, after that date the mortgagee was in possession of
the mortgaged property, the right to foreclose on the property which
was in his possession shall not, for the purposes of this subsection, be
deemed to have accrued until the date on which his possession
discontinued.

(3) The right to receive any principal sum of money secured by a
mortgage or other charge and the right to foreclose on the property
subject to the mortgage or charge shall not be deemed to accrue so
long as that property comprises any future interest or any life insurance
policy which has not matured or been determined.

(4) Nothing in this section shall apply to a foreclosure action in
respect of mortgaged land, but the provisions of this Ordinance
relating to actions to recover land shall apply to such an action.

(5) No action to recover arrears of interest payable in respect of
any sum of money secured by a mortgage or other charge or payable in
respect of proceeds of the sale of land, or to recover damages in
respect of such arrears, shall be brought after the expiration of 6 years
from the date on which the interest became due:

Provided that

(a)where a prior mortgagee or other incumbrancer has been in
possession of the property charged, and an action is brought
within 1 year of the discontinuance of such possession by
the subsequent incumbrancer, he may recover by that action
all the arrears of interest which fell due during the period of
possession by the prior incumbrancer or damages in respect
thereof, notwithstanding that the period exceeded 6 years;

(b)where the property subject to the mortgage or charge
comprises any future interest or life insurance policy and it is
a term of the mortgage or charge that arrears of interest -shall
be treated as part of the principal sum of money secured by
the mortgage or charge, interest shall not be deemed to
become due before the right to receive the principal sum of
money has accrued or is deemed to have accrued.

(6) This section shall not apply to any mortgage or charge- on a
ship.





Actions in respect of trust property or the personal
estate of deceased persons

20. (1) No period of limitation prescribed by this Ordinance
shall apply to an action by a beneficiary under a trust, being an
action-

(a)in respect of any fraud or fraudulent breach of trust to
which the trustee was a party or privy; or

(b)to recover from the trustee trust property or the proceeds
thereof in the possession of the trustee, or previously
received by the trustee and converted to his use.

(2) Subject as aforesaid, an action by a beneficiary to recover
trust property or in respect of any breach of trust, not being an
action for which a period of limitation is prescribed by any other
provision of this Ordinance, shall not be brought after the expiration
of 6 years from the date on which the right of action accrued:

Provided that the right of action shall not be deemed to have
accrued to any beneficiary entitled to a future interest' in the trust
property, until the interest fell into possession.

(3) No beneficiary as against whom there would be a good
defence under this Ordinance shall derive any greater or other
benefit from a judgment or order obtained by any other beneficiary
than he could have obtained if he had brought the action and this
Ordinance had been pleaded in defence.

21. Subject to the provisions of section 20(1), no action in
respect of any claim to the personal estate of a deceased person or
to any share or interest in such estate, whether under a will or on
intestacy, shall be brought after the expiration of 12 years from the
date when the right to receive the share or interest accrued, and no
action to recover arrears of interest in respect of any legacy, or
damages in respect of such arrears, shall be brought after the expira-
tion of 6 years from the date on which the interest became due.

PART III

EXTENSION OF LIMITATION PERIODS IN CERTAIN CASES

Disability

22. (1) If on the date when any right of action accrued for
which a period of limitation is prescribed by this Ordinance, the
person to whom it accrued was under a disability, the action may be
brought at any time before the expiration of 6 years from the date
when the person ceased to be under a disability or died, whichever
event first occurred, notwithstanding that the period of limitation
had expired:





Provided that

(a) this section shall not affect any case where the right of
a ction first accrued to some person (not under a disability)
through whom the person under a disability claims;

(b)when a right of action which has accrued to a person under a
disability accrues, on the death of that person while still under
a disability, to another person under disability, no further
extension of time shall be allowed by reason of the disability
of the second person; (Amended, L.N. 100/68)

(c)no action to recover land or money charged on land shall be
brought by virtue of this section by any person after the
expiration of 30 years from the date on which the right of
action accrued to that person or some person through whom
he claims;

(d)this section shall not apply to any action to recover a penalty
or forfeiture, or sum by way thereof, by virtue of any
Ordinance or imperial enactment, except where the action is
brought by an aggrieved party.

(2) If the action is one to which section 27 or 28(3) applies
subsection (1) shall have effect as if for the words '6 years' there were
substituted the words '3 years'. (Replaced, 67 of 1976, s. 4)

(2A) Where this section applies by virtue of section 6, subsection
(1) shall have effect as if for the words '6 years' there were substituted
the words '2 years'. (Added, 67 of 1976, s. 4)

(3) For the purposes of this section, a person shall be deemed to be
under a disability while he is an infant or of unsound mind, and, without
prejudice to the generality of the foregoing provisions of this
subsection, a person shall be conclusively presumed to be of unsound
mind while he is detained in pursuance of any Ordinance or imperial
enactment authorizing the detention of persons of unsound mind,
including persons convicted of offences or awaiting trial, or while he is
receiving treatment voluntarily under the provisions of the Mental
Health Ordinance.

Acknowledgment and part payment

23. (1) Where there has accrued any right of action (including a
foreclosure action) to recover land or any right of a mortgagee of
personal property to bring a foreclosure action in respect of the
property, and

(a)the person in possession of the land or personal property
acknowledges the title of the person to whom the right of
action has accrued; or

(b)in the case of a foreclosure or other action by a mortgagee,
the person in possession as aforesaid or the person liable for
the mortgage debt makes any payment in respect thereof,
whether of principal or interest,





the right shall be deemed to have accrued on and not before the date of
the acknowledgment or payment. (Amended, L.N. 100/68)

(2) Where a mortgagee is by virtue of the mortgage in possession
of any mortgaged land and either receives any sum in respect of the
principal or interest of the mortgage debt or acknowledges the title of
the mortgagor, or his equity of redemption, an action to redeem the land
in his possession may be brought at any time before the expiration of 12
years from the date of the payment or acknowledgment.

(3) Where any right of action has accrued to recover any debt or
other liquidated pecuniary claim, or any claim to the personal estate of a
deceased person or to any share or interest therein, and the person
liable or accountable therefor acknowledges the claim or makes any
payment in respect thereof, the right shall be deemed to have accrued
on and not before the date of the acknowledgment or the last payment:

Provided that a payment of a part of the rent or interest due at any
time shall not extend the period for claiming the remainder then due, but
any payment of interest shall be treated as a payment in respect of the
principal debt. (Amended, L.N. 346/82)

24. (1) Every such acknowledgment as aforesaid shall be in writing
and signed by the person making the acknowledgment.

(2) Any such acknowledgment or payment as aforesaid may be
made by the agent of the person by whom it is required to be made
under section 23, and shall be made to the person, or to an agent of the
person, whose title or claim is being acknowledged or, as the case may
be, in respect of whose claim the payment is being made.

25. (1) An acknowledgment of the title to any land or mortgaged
personalty by any person in possession thereof shall bind all other
persons in possession during the ensuing period of limitation.

(2) A payment in respect of a mortgage debt by the mortgagor or
any person in possession of the mortgaged property shall, so far as any
right of the mortgagee to foreclose or otherwise to recover the property
is concerned, bind all other persons in possession of the mortgaged
property during the ensuing period of limitation.

(3) Where 2 or more mortgagees are by virtue of the mortgage in
possession of the mortgaged land, an acknowledgment of the
mortgagor's title or of his equity of redemption by one of the
mortgagees shall bind only him and his successors and shall not bind
any other mortgagee or his successors, and where the mortgagee by
whom the acknowledgment is given is entitled to a part of the
mortgaged land and not to any ascertained part of the mortgage debt,
the mortgagor shall be entitled to redeem that part of the land





on payment, with interest, of the part of the mortgage debt which bears
the same proportion to the whole of the debt as the value of the part of
the land bears to the whole of the mortgaged land.

(4) Where there are 2 or more mortgagors, and the title or right to
redemption of one of the mortgagors is acknowledged as aforesaid, the
acknowledgment shall be deemed to have been made to all the
mortgagors.

(5) An acknowledgment of any debt or other liquidated pecuniary
claim shall bind the acknowledgor and his successors but not any other
person:

Provided that an acknowledgment made after the expiration of the
period of limitation prescribed for the bringing of an action to recover
the debt or other claim shall not bind any successor on. whom the
liability devolves on the determination of a preceding estate or interest
in property under a settlement taking effect before the date of the
acknowledgment.

(6) A payment made in respect of any debt or other liquidated
pecuniary claim shall bind all persons liable in respect thereof..

Provided that a payment made after the expiration of the period of
limitation prescribed for the bringing of an action to recover the debt or
other claim shall not bind any person other than the person making the
payment and his successors, and shall not bind any successor on
whom the liability devolves on the determination of a preceding estate
or interest in property under a settlement taking effect before the date
of the payment.

(7) An acknowledgment by one of several personal representatives
of any claim to the personal estate of a deceased person, or to any
share or interest therein, or a payment by one of several personal
representatives in respect of any such claim shall bind the estate of the
deceased person.

(8) In this section the expression 'successor', in relation to any
mortgagee or person liable in respect of any debt or claim, means his
personal representatives and any other person on whom the rights
under the mortgage or, as the case may be, the liability in respect of the
debt or claim devolve, whether on death or bankruptcy or the
disposition of property or the determination of a limited estate or
interest in settled property or otherwise.

Fraud and mistake

26. Where, in the case of any action for which a period of limitation
is prescribed by this Ordinance, either

(a) the action is based upon the fraud of the defendent or his
agent or of any person through whom he claims or his
agent; or





(b)the right of action is concealed by the fraud of any such
person; or

(c) the action is for relief from the consequences of a mistake,

the period of limitation shall not begin to run until the plaintiff has
discovered the fraud or the mistake, as the case may be, or could with
reasonable diligence have discovered it:

Provided that nothing in this section shall enable any action to be
brought to recover, or enforce any charge against, or set aside any
transaction affecting, any property which

(i)in the case of fraud, has been purchased for valuable
consideration by a person Who was not a party to the fraud
and did not at the time of the purchase know or have reason
to believe that any fraud had been committed; or

(ii)in the case of mistake, has been purchased for valuable
consideration, subsequently to the transaction in which the
mistake was made, by a person who did not know or have
reason to believe that the mistake had-been made.

Special provisions applicable to certain actions
in respect of personal injuries

27. (1) This section applies to any action for damages for
negligence, nuisance or breach of duty (whether the duty exists by
virtue of a contract or of provision made by or under an Ordinance or
imperial enactment or independently of any contract or any such
provision) where the damages claimed by the plaintiff for the
negligence, nuisance or breach of duty consist of or include damages in
respect of personal injuries to the plaintiff or any other person.

(2) Section 4 shall not apply to an action to which this section
applies.

(3) Subject to section 30, an action to which, this section applies
shall not be brought after the expiration of the period specified in
subsections (4) and (5).

(4) Except where subsection (5) applies, the said period is 3 years
from

(a) the date on which the cause of action accrued; or

(b) the date (if later) of the plaintiff's knowledge.

(5) If the person injured dies before the expiration of the period in
subsection (4), the period as respects the cause of action surviving for
the benefit of the estate of the deceased by virtue of section 20 of the
Law Amendment and Reform (Consolidation) Ordinance shall be 3 years
from

(a) the date of death; or

(b) the date of the personal representative's knowledge,

whichever is the later.





(6) In this section, and in section 28, references to a person's date
of knowledge are references to the date on which he first had
knowledge of the following facts

(a) that the injury in question was significant; and

(b)that that injury was attributable in whole or in part to the act or
omission which is alleged to constitute negligence, nuisance
or breach of duty; and

(c) the identity of the defendant; and

(d)if it is alleged that the act or omission was that of a person
other than the defendant, the identity of that person and the
additional facts supporting the bringing of an action against
the defendant,

and knowledge that any acts or omissions did or did not, as a matter of
law, involve negligence, nuisance or breach of duty is irrelevant.

(7) For the purposes of this section an injury is significant if the
plaintiff would reasonably have considered it sufficiently serious to
justify his instituting proceedings for damages against a defendant who
did not dispute liability and was able to satisfy a judgment.

(8) For the purposes of this section and section 28 a person's
knowledge includes knowledge which he might reasonably have been
expected to acquire

(a) from facts observable or ascertainable by him; or

(b)from facts ascertainable by him with the help of medical or
other appropriate expert advice which it is reasonable for him
to seek,

but a person shall not be fixed under this subsection with knowledge of
a fact ascertainable only with the help of expert advice so long as he
has taken all reasonable steps to obtain (and, where appropriate, to act
on) that advice.

(9) For the purposes of this section 'personal representative'
includes any person who is or has been a personal representative of the
deceased, including an executor'who,has not proved the will (whether
or not he has renounced probate); and regard shall be had to any
knowledge acquired by any such person while a personal
representative or previously.

(10) If there is more than one personal representative, and their
dates of knowledge are different, subsection (5)(b) shall be read as
referring to the earliest of those dates.

(Replaced, 67 of 1976, s. 5)

28. (1) This section has effect subject to section 30.

(2) An action under the Fatal Accidents Ordinance shall not be
brought if the death occurred when the person injured could no longer
maintain an action and recover damages in respect of the injury
(whether because of a time limit in this Ordinance or in any





other Ordinance, or any other reason); and where any such action by
the injured person would have been barred by the time limit in section
27, no account shall be taken of the possibility of that time limit being
overridden under section 30.

(3) An action under the Fatal Accidents Ordinance shall not be
brought after the expiration of 3 years from

(a) the date of death; or

(b)the date of knowledge of the person for whose benefit the
action is brought,

whichever is the later.

(4) Subsection (3) shall not apply to an action for which a period of
limitation is prescribed by or under any Ordinance other than this
Ordinance, and section 27 shall not apply to an action under the Fatal
Accidents Ordinance.

(5) An action under the Fatal Accidents Ordinance shall be one to
which section 22 applies, but otherwise sections 22 to 26, inclusive, and
Part IV shall not apply to the action.

(Replaced, 67 of 1976, s. 5)

29. (1) This section applies where there is more than one person for
whose benefit an action under the Fatal Accidents Ordinance is
brought.

(2) Section 28(3)(b) shall be applied separately to each of them, and if that
would debar one or more of them, but not all, the court shall direct that
any person who would be so debarred shall be excluded from those for
whom the action is brought unless it is shown that if the action were
brought exclusively for the benefit of that person it would not be
defeated by a defence of limitation (whether in consequence of section
22, or an agreement between the parties not to raise the defence, or
otherwise).

(Replaced, 67 of 1976, s. 5)

30. (1) If it appears to the court that is would be equitable to allow
an action to proceed having regard to the degree to which

(a)the provisions of section 27 or 28 prejudice the plaintiff or any
person whom he represents; and

(b)any decision of the court under this subsection would
prejudice the defendant or any person whom he represents,

the court may direct that those provisions shall not apply to the action,
or shall not apply to any specified cause of action to which the action
relates.

(2) The court shall not under this section disapply section 28(2)
except where the reason why the person injured could no longer
maintain an action was because of the time limit in section 27; so that if,
for example, the person injured could at his death no longer maintain an
action under the Fatal Accidents Ordinance





because of the time limit under the Carriage by Air (Overseas
Territories) Order 1967, the court has no power to direct that section
28(2) shall not apply.

(3) In acting under this section the court shall have regard to all
the circumstances of the case and in particular to

(a)the length of, and the reasons for, the delay on the part of the
plaintiff,

(b)the extent to which, having regard to the delay, the evidence
adduced or likely to be adduced by the plaintiff or the
defendant is or is likely to be less cogent than if the action
had been brought within the time allowed by section 27 or 28,
as the case may be;

(c)the conduct of the defendant after the cause of action arose,
including the extent, if any, to which he responded to
requests reasonably made by the plaintiff for information or
inspection for the purpose of ascertaining facts which were or
might be relevant. to the plaintiff's cause of action against the
defendant;

(d)the duration of any disability of the plaintiff arising after the
date of the accrual of the cause of action;

(e)the extent to which the plaintiff acted promptly and
reasonably once he knew whether or not the act or omission
of the defendant, to which the injury was attributable, might
be capable at that time of giving rise to an action for damages;

the steps, if any taken by the plaintiff to obtain medical, legal
or other expert advice and the nature of any such advice he
may have received.

(4) In a case where the person injured died when, because of
section 27, he could no longer maintain an action and recover damages
in respect of the injury, the court shall have regard in particular to the
length of, and the reasons for, the delay on the part of the deceased.

(5) In a case under subsection (4), or any other case where the time
limit, or one of the time limits, depends on the date of knowledge of a
person other than the plaintiff, subsection (3) shall have effect with
appropriate modifications, and shall have effect in particular as if
references to the plantiff included references to any person whose date
of knowledge is or was relevant in determining a time limit.

(6) A direction by the court disapplying the 'provisions of section
28(2) shall operate to disapply the provisions to the same effect in
section 3 of the Fatal Accidents Ordinance.

(7) In this section 'the courC means the court in which the action
has been brought.





(8) References in this section to section 27 include references to
that section as extended by any provision of this Part and Part IV.
(Replaced, 67 of 1976, s. 5)

31-33. [Repealed, 67 of 1976, s. 5]

PART IV

GENERAL

34. (1) This Ordinance and any other Ordinance or imperial
enactment relating to the limitation of actions shall apply to arbitrations
as they apply to actions in the High Court.

(2) Notwithstanding any term in an arbitration agreement to the
effect that no cause of action shall accrue in respect of any matter
required by the agreement to be referred until an award is made under
the agreement, the cause of action shall, for the purpose of this
Ordinance and of any other such Ordinance or imperial enactment
(whether in their application to arbitrations or to other proceedings), be
deemed to have accrued in respect of any such matter at the time when
it would have accrued but for that term in the agreement.

(3) For the purpose of this Ordinance and of any other such
Ordinance or imperial enactment as aforesaid, an arbitration shall be
deemed 'to be commenced when one party to the arbitration serves on
the other party or parties a notice requiring him or them to appoint an
arbitrator or to agree to the appointment of an arbitrator, or, where the
arbitration agreement provides that the reference shall be to a person
named or designated in the agreement, requiring him or them to submit
the dispute to the person so named or designated.

(4) Any such notice as aforesaid may be served either-

(a) by delivering it to the person on whom it is to be served; or

(b)by leaving it at the usual or last known place of abode of that
person; or

(c)by sending it by post in a registered letter addressed to that
person at his usual or last known place of abode,

as well as in any oth er manner provided in the arbitration agreement;
and where a notice is sent by post in manner prescribed by paragraph
(c), service thereof shall, unless the contrary is proved, be deemed to
have been effected at the time at which the letter would have been
delivered in the ordinary course of post.

(5) Where the court orders that an award be set aside or orders,
after the commencement of an arbitration, that the arbitration shall
cease to have effect with respect to the dispute referred, the court may
further order that the period between the commencement of the
arbitration and the date of the order of the court shall be





excluded in computing the time prescribed by this Ordinance or any
such other Ordinance or imperial enactment as aforesaid for the
commencement of proceedings (including arbitration) with respect
to the dispute referred.

(6) This section shall apply to an arbitration under an Ordin-
ance as well as to an arbitration pursuant to an arbitration agree-
ment, and subsections (3) and (4) shall have effect, in relation to an
arbitration under an Ordinance, as if for the references to the
arbitration agreement there were substituted references to such of
the provisions of the Ordinance or of any order, scheme, rules,
regulations or by-laws made thereunder as relate to the arbitration.

35. (1) For the purposes of this Ordinance, any new claim
made in the course of any action shall be deemed to be a separate
action and to have been commenced-

(a)in the case of a new claim made in or by way of third party
proceedings, on the date on which those proceedings were
commenced',. and

(b)in the case of any other new claim, on the same date as the
original action.

(2) In this section a new claim means any claim by way of
set-off or counterclaim, and any claim involving either-

(a) the addition or substitution of a new cause of action; or

(b) the addition or subsitution of a new party,

and 'third party proceedings' means any proceedings brought in the
course of any action by any party to the action against a person not
previously a party to the action, other than proceedings brought by
joining any such person as defendant to any claim already made in
the original action by the party bringing the proceedings.

(3) Except as provided by section 30 or by rules of court, the
court shall not allow a new claim within subsection (])(b), other than
an original set-off or counterclaim, to be made in the course of any
action after the expiry of any time limit under this Ordinance which
would affect a new action to enforce that claim.

(4) For the purposes of subsection (3), a claim is an original
set-off or an original counterclaim if it is a claim made by way of
set-off or (as the case may be) by way of counterclaim by a party
who has not previously made any claim in the action.

(5) Rules of court may provide for allowing a new claim to
which subsection (3) applies to be made as there mentioned, but only
if the conditions specified in subsection (6) are satisfied, and subject
to any further restrictions the rules may impose.

(6) The conditions referred to in subsection (5) are-





(a)in the case of a claim involving a new cause of action, if the
new cause of action arises out of the same facts or
substantially the same facts as a cause of action in respect of
which relief has already been claimed in the action by the
party applying for leave to make the amendment; and

(b)in the case of a claim involving a new party, if the addition or
substitution of the new party is necessary for the
determination of the original action,

(7) The addition or substituion of a new party shall not be
regarded for the purposes of subsection (6)(b) as necessary for the
determination of the original action unless either

(a)the new party is substituted for a party whose name was
given in any claim made in the original action in mistake for
the new party's name; or

(b)any claim already made in the original action cannot be
maintained by or against an existing party unless the new
party is joined or subsituted as plaintiff or defendant in that
action.

(8) Subject to subsection (5), rules of court may provide for
allowing a party to any action to claim relief in a new capacity in respect
of a new cause of action notwithstanding that he had no title to make
that claim at the date of the commencement of the action.

(9) Subsection (8) shall not be taken as prejudicing the power of
rules of court to provide for allowing a party to claim relief in a new
capacity without adding or substituting a new cause of action.

(10) Subsections (3) to (9) shall apply in relation to a new claim
made in the course of third party proceedings as if those proceedings
were the original action, and subject to such other modifications as
may be prescribed by rules of court in any case or class of case.

(11) The power to make rules of court under section 54 of the
Supreme Court Ordinance shall include power to make rules of court for
the purposes of this section.

(12) Rules of court made before the commencement* of the
Limitation (Amendment) Ordinance 1984 which would have been
validly made had this section been in operation when they were made
shall have effect as from the commencement of the Limitation
(Amendment) Ordinance 1984 as if made by virtue of this section.
(Replaced, 58 of 1984, s. 2)

36. Nothing in this Ordinance shall affect any equitable jurisdiction
to refuse relief on the ground of acquiescence or otherwise.

37. Save as in this Ordinance otherwise expressly provided and
without prejudice to the provisions of section 40, this Ordinance shall
apply to proceedings by or against the Crown in like manner as it
applies to proceedings between subjects:





Provided that this Ordinance shall not apply to any proceedings
by the Crown for the recovery of any tax or duty or interest thereon or
to any forfeiture proceedings under the Dutiable Commodities
Ordinance or any Ordinance relating to duties of excise or to any
proceedings in respect of the forfeiture of a ship.

38. (1) Sections 22(2) and (2A), 27, 28, 29 and 30 shall have
effect in relation to causes of action which accrued before, as well as
causes of actio n which accrue on or after, 1 February 1977 and shall
have effect in relation to any cause of action which accrued before I
February 1977 notwithstanding that an action in respect thereof has
been commenced and is pending on 1 February 1977. (Replaced,
67 of 1976, s. 6)

(2) For the purposes of this section an action shall not be taken to
be pending at any time if a final order or judgment has been made or
given therein, notwithstanding that an appeal is pending or that the
time for appealing has not expired. (Replaced, 67 qf 1976, s. 6),

(3) A decision taken at any time by a court to grant, or not to grant,
leave under the former sections 27 to 33 inclusive (which, so far as they
relate to leave, are repealed by the Limitation (Amendment) Ordinance
1976) does not affect the determination of any question in proceedings
under the Limitation (Amendment) Ordinance 1976, but in such
proceedings account may be taken or evidence admitted in proceedings
under the said sections repealed by the Limitation (Amendment)
Ordinance 1976. (Replaced, 67 of 1976, s. 6)

(3A) In this section 'action' includes any proceedings in a court
of law, an arbitration and a claim by way of set-off or counterclaim.
(Added, 67 qf 1976, s. 6)

(4) Save as aforesaid, nothing in this Ordinance shall-

(a)affect any action or arbitration commenced before the
commencement of this Ordinance or the title to any property
which is the subject of any such action or arbitration; or

(b)enable any action to be brought which, immediately before the
commencement of this Ordinance, was then barred by the
provision of any imperial enactment or Ordinance which
ceases to apply in the Colony by virtue of or, as the case may
be, is repealed by section 39, except in so far as the cause of
action or right of action may be revived by an
acknowledgment or part payment made in accordance with the
provisions of this Ordinance.

(5) Subject to the provisions of section 6 and subsection (4) of this
section, the time for bringing proceedings in respect of a cause of action
which accrued before the commencement of this Ordinance





shall, if it has not then already expired, expire at a time when it would
have expired apart frorri the provisions of this Ordinance or at any time
when it would have expired if the provisions of this Ordinance had at all
material times been in force, whichever is the later:

Provided that where a cause of action, for which a period of
limitation is prescribed by this Ordinance, has accrued before the
commencement of this Ordinance in any case in which, but for the
provisions of this Ordinance, no time for bringing -proceedings in
respect thereof is limited, the time for bringing such proceedings, as
limited by the provisions of this Ordinance, shall commence to run from
the date of the coming into operation of this Ordinance.

39. The imperial enactments set out in the first column of the
Schedule shall to the extent specified in the second column thereof,
cease to apply in the Colony.

40. This Ordinance shall not apply to any action or arbitration for
which a period of limitation is prescribed by or under any other
Ordinance or any imperial enactment, or to any action or arbitration to
which the Crown is a party and for which, if it were between subjects, a
period of limitation would be prescribed by or under any other
enactment.

(Amended, 67 of 1976, s. 8)

Originally 31 of 1965. L.N. 37/68. L.N. 100/68. 9 of 1972. 67 of 1976. L.N. 346/82. 58 of 1984. 77 of 1984. Short title. Interpretation. 1939 c. 21, s. 31; 1954 c. 36, s. 2(3). (Cap. 29.) Part II to be subject to provisions of Part III. 1939 c. 21, s. 1. Limitation of actions of contract and tort, and certain other actions. 1939 c. 21, s. 2; 1954 c. 36, s. 2(1). (1939 c. 21.) 1975 c. 54, schedule. Limitation in case of successive conversions and extinction of title of owner of converted goods. 1939 c. 21, s. 3. Time limit for claiming contribution. 1978 c. 47, Sch. 1, para 6. (Cap. 377.) Limitation of actions to recover land. Accrual of right of action in case of present interests in land. 1939 c. 21, s. 5. Accrual of right of action in case of future interests. 1939 c. 21, s. 6. Provisions in case of land held on trust. 1939 c. 21, s. 7. Accrual of right of action in case of forfeiture or breach of condition. 1939 c. 21, s. 8. Accrual of right of action in case of certain tenancies. 1939 c. 21, s. 9. Right of action not to accrue or continual unless there is adverse possession. 1939 c. 21, s. 10. Limitation of redemption actions. 1939 c. 21, s. 12. No right of action to be preserved by formal entry or continual claim. 1939 c. 21, s. 13. Administration to date back to death. 1939 c. 21, s. 15. Extinction of title after expiration of period. 1939 c. 21, s. 16. Limitation of actions to recover rent. 1939 c. 21, s. 17. Limitation of actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land. 1939 c. 21, s. 18. Limitation of actions in respect of trust property. 1939 c. 21, s. 19. Limitation of actions claiming personal estate of a deceased person. 1939 c. 21, s. 20. Extension of limitation period in case of disability. 1939 c. 21, ss. 22 & 31(2) & (3) ; 1954 c. 36, s. 2(2). 1975 c. 54 ,s . 2. (Cap. 136.) Fresh accrual of action on acknowledgment or part payment. 1939 c. 21, s. 23. Formal provisions as to acknowledgments and part payments. 1939 c. 21, s. 24. Effect of acknowledgment or part payment on persons other than the maker or recipient. 1939 c. 21, s. 25. Postponement of limitation period in case of fraud or mistake. 1939 c. 21, s. 26. Time limit for personal injuries. 1975 c. 54, s. 1. (Cap. 23.) Time limit for actions under Fatal Accidents. Ordinance. 1975 c. 54, s. 1. (Cap. 22.) Dependants subject to different timer limits. 1975 c. 54, s. 1. (Cap. 22.) Court's power to override timer limits. 1975 c. 54, s. 1. (Cap. 22.) (Cap. 22.) Application of Ordinance and other limitation enactments to arbitrations. 1939 c. 21, s. 27. New claims in pending actions; rules of court. 1980 c. 58, s. 35. 9Cap. 4.) (58 of 1984.) [*27.7.84.] Acquiescence. 1939 c. 21, s. 29. Application to the Crown. 1939 c. 21, s. 30(1). (Cap. 109.) Transitional provisions and provisions as to actions already barred. 1975 c. 54,s . 3. (67 of 1976.) 1939 c. 21, s. 33. 1954 c. 36, s. 7(1). Cessations of application. Schedule. Saving. (1588 c. 5.) (1623 c. 16.) (1705 c. 3.) (1769 c. 16.) (1828 c. 14.) (1833 c. 27.) (1833 c. 42.) (1837 c. 28.) (1842 c. 97.)

Originally 31 of 1965. L.N. 37/68. L.N. 100/68. 9 of 1972. 67 of 1976. L.N. 346/82. 58 of 1984. 77 of 1984. Short title. Interpretation. 1939 c. 21, s. 31; 1954 c. 36, s. 2(3). (Cap. 29.) Part II to be subject to provisions of Part III. 1939 c. 21, s. 1. Limitation of actions of contract and tort, and certain other actions. 1939 c. 21, s. 2; 1954 c. 36, s. 2(1). (1939 c. 21.) 1975 c. 54, schedule. Limitation in case of successive conversions and extinction of title of owner of converted goods. 1939 c. 21, s. 3. Time limit for claiming contribution. 1978 c. 47, Sch. 1, para 6. (Cap. 377.) Limitation of actions to recover land. Accrual of right of action in case of present interests in land. 1939 c. 21, s. 5. Accrual of right of action in case of future interests. 1939 c. 21, s. 6. Provisions in case of land held on trust. 1939 c. 21, s. 7. Accrual of right of action in case of forfeiture or breach of condition. 1939 c. 21, s. 8. Accrual of right of action in case of certain tenancies. 1939 c. 21, s. 9. Right of action not to accrue or continual unless there is adverse possession. 1939 c. 21, s. 10. Limitation of redemption actions. 1939 c. 21, s. 12. No right of action to be preserved by formal entry or continual claim. 1939 c. 21, s. 13. Administration to date back to death. 1939 c. 21, s. 15. Extinction of title after expiration of period. 1939 c. 21, s. 16. Limitation of actions to recover rent. 1939 c. 21, s. 17. Limitation of actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land. 1939 c. 21, s. 18. Limitation of actions in respect of trust property. 1939 c. 21, s. 19. Limitation of actions claiming personal estate of a deceased person. 1939 c. 21, s. 20. Extension of limitation period in case of disability. 1939 c. 21, ss. 22 & 31(2) & (3) ; 1954 c. 36, s. 2(2). 1975 c. 54 ,s . 2. (Cap. 136.) Fresh accrual of action on acknowledgment or part payment. 1939 c. 21, s. 23. Formal provisions as to acknowledgments and part payments. 1939 c. 21, s. 24. Effect of acknowledgment or part payment on persons other than the maker or recipient. 1939 c. 21, s. 25. Postponement of limitation period in case of fraud or mistake. 1939 c. 21, s. 26. Time limit for personal injuries. 1975 c. 54, s. 1. (Cap. 23.) Time limit for actions under Fatal Accidents. Ordinance. 1975 c. 54, s. 1. (Cap. 22.) Dependants subject to different timer limits. 1975 c. 54, s. 1. (Cap. 22.) Court's power to override timer limits. 1975 c. 54, s. 1. (Cap. 22.) (Cap. 22.) Application of Ordinance and other limitation enactments to arbitrations. 1939 c. 21, s. 27. New claims in pending actions; rules of court. 1980 c. 58, s. 35. 9Cap. 4.) (58 of 1984.) [*27.7.84.] Acquiescence. 1939 c. 21, s. 29. Application to the Crown. 1939 c. 21, s. 30(1). (Cap. 109.) Transitional provisions and provisions as to actions already barred. 1975 c. 54,s . 3. (67 of 1976.) 1939 c. 21, s. 33. 1954 c. 36, s. 7(1). Cessations of application. Schedule. Saving. (1588 c. 5.) (1623 c. 16.) (1705 c. 3.) (1769 c. 16.) (1828 c. 14.) (1833 c. 27.) (1833 c. 42.) (1837 c. 28.) (1842 c. 97.)

https://oelawhk.lib.hku.hk/items/show/3300

TRADING WITH THE ENEMY ORDINANCE

LAWS OF HONG KONG

TRADING WITH THE ENEMY ORDINANCE

CHAPTER 346





CHAPTER 346.

TRADING WITH THE ENEMY ORDINANCE.

ARRANGEMENT OF SECILIONS.

Section. page
1. Short title and commencement ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Powers of the Governor ... ...

TRADING WITH THE ENEMY AND MATTERS RELATING THERETO

4........................Penalties for trading with the enemy ... ... ... ... ... ... ... 4
5........................inspection and supervision of businesses ... ... ... ... ... ... 5

6...............................Power to control and wind up certain businesses ... ... ... ... 6

7..........................................Transfer of negotiable instruments and choses in action by enemies 8

8........................Transfer and allotment of securities ... ... ... ... ... ... ... 9

9...................Purchase of enemy currency ... ... ... ... ... ... ... ... ... 9

PROPERTY OF ENEMIES AND ENEMY SU~S.

10...................................Collection of enemy debts and custody of enemy property ... ... 10

GENERAL AND SUPPLEMENTARY PROVISIONS.

11.....................False statements and obstruction ... ... ... ... ... ... ... ... 12

12................Offences by corporations ... ... ... ... ... ... ... ... ... ... 12

13. Saving................................. ... ... ... ... ... ... ... ... 12





CHAPTER 346.

WADING WITH THE ENEMY.

To impose penalties for trading with the enemy, to make provision as
respects the property of enemies and enemy subjects, and for
purposes connected with the matters aforesaid.

1. This Ordinance may be cited as the Trading with the Enemy
Ordinance and shall come into operation on a day to be appointed by
the Governor by Proclamation in the Gazette.

2. (1) In this Ordinance, unless the context otherwise requires

'company' has the same meaning as it has in section 2 of the
Companies Ordinance;

'controller' means a person appointed by the Governor as a controller
in accordance with the provisions of subsection (2) of section 6;

'Court' means the Supreme Court;

'Custodian' means the Custodian of Enemy Property appointed in
accordance with the provisions of section 10;

,,enemy' means

(a)any State, or Sovereign of any State, at war with Her Majesty;

(b) any individual resident in enemy territory;

(c)any person carrying on business in any place, if and so long as
the person is controlled by a person who, under this section, is
an enemy;

(d) any body of persons constituted or incorporated in, or
under the laws of. a State at war with Her Majesty;

(e)in respect of any business carried on in enemy territory, any
person carrying on that business; or

any person who is deemed to be an enemy by order of the
Governor under subsection (2) of section 3,

but does not include any individual by reason only that he is an
enemy subject:

,,enemy property' means any property for the time being belonging to
or held or managed on behalf of an enemy or an enemy subject;

* This 'Ordinance is not yet in force.





'enemy subject' means-
(a) an individual who. not being either a British subject or a
British protected person, possesses the nationality of a
State at war with Her Majesty; or

(b)a body of persons constituted or incorporated in, or under the
laws of, any such State.

enemy territory' means

(a)any area which is under the sovereignty of, or in the
occupation of, a Power with whom Her Majesty is at war, not
being an area in the occupation of Her Majesty or of a power
allied with Her Majesty., or

(b)any area to which the provisions of this Ordinance have been
applied by order of the Governor under subsection (1) of
section 3 while so applied;

'inspector' means a person authorized by the Governor as an inspector
in accordance with the provisions of subsection (1) of section 5;

'restriction order' means an order made by the Governor in accordance
with the provisions of paragraph (a) of subsection (1) of section 6;

supervisor means a person authorized by the Governor as a supervisor
in accordance with the provisions of subsection (2) of section 5;

'winding-up order' means an order made by the Governor in
accordance with the provisions of paragraph (b) of subsection (1)
of section 6.

(2) A certificate under the hand of the Colonial Secretary that any
area is or was under the sovereignty of, or in the occupation of any
Power, or as to the time at which any area became or ceased to be under
such sovereignty or in such occupation shall, for the purposes of any
proceedings under or arising out of this Ordinance, be conclusive
evidence of the facts stated in the certificate.

3. (1) The Governor may direct by order that the provisions of this
Ordinance shall apply in relation to any area specified in the order as
they apply to enemy territory and the said provisions shall apply
accordingly.

(2) The Governor may direct by order that any person specified in
the order shall, for the purposes of this Ordinance, be deemed to be,
while so specified, an enemy.

(3) The Governor may declare, by order, that any notes or coins are
enemy currency for the purpose of section 9.

(4) Where any area ceases to be enemy territory as defined in
section 2, whether by reason of the occupation thereof by Her





Majesty or by a Power allied with Her Majesty or by reason of its
no longer being in the occupation of a Power with whom Her
Majesty is at war, or for any other reason, that area shall, for
the purposes of sections 6, 7, 8 and 10 and-,-s-ave as expressly
provided by any such order, for the purposes of any order made
under section 10, be treated as if, until such time as the Governor
may by order specify, there had been no such cessation.

(5) Any order made by the Governor under this section shall
be published in the Gazette.

TRADING WITH THE ENEMY AND MATTERS RELATING THERETO.

4. (1) Any person who trades with the enemy within the
meaning of this Ordinance shall be guilty of an offence of trading
with the enemy and shall be liable-
(a)on conviction, on indictment, to a fine of one hundred
thousand dollars and to imprisonment for seven years; or
(b)on summary conviction, to a fine of ten thousand dollars
and to imprisonment for six months,
and the Court before which he is convicted may order that any
goods or money in respect of which the offence has been com-
mitted shall be forfeited.

(2) For the purposes of this Ordinance a person shall be
deemed to have traded with the enemy if-
(a)he has had any commercial, financial or other intercourse
or dealings with, or for the benefit of, an enemy, and in
particular, but without prejudice, to the generality of the
foregoing provision, if he has-
(i) supplied any goods to or for the benefit of an
enemy, or obtained any goods from an enemy, or traded
in, or carried, any goods consigned to or from an enemy
or destined for or coming from enemy territory; or
(ii) paid or transmitted any money, negotiable instru-
ment or security for money to or for the benefit of an
enemy or to a place in enemy territory; or
(iii) performed any obligation to, or discharged any
obligation of, an enemy, whether the obligation was under-
taken before or after the coming into operation of this
Ordinance, or
(b)he has done anything which, under the following provi-
sions of this Ordinance, is to be treated as trading with
the enemy:

Provided that a person shall not be deemed to have traded
with the enemy by reason only that he has-
(i)done anything under an authority, given generally or
specially by, or by any person authorized in that behalf
by, the Governor; or





(ii)received payment from an enemy of a sum of money due
in respect of a transaction under which all obligations
on the part of the person receiving payment had already
been performed when the payment was received, and
had been performed at a time when the person from
whom the payment was received was not an enemy.

(3) Any reference to this section to an enemy shall be con-
strued as including a reference to a person acting on behalf of an
enemy.

(4) In any proceedings for an offence of trading with the
enemy, the fact that any document has been dispatched addressed
to a person in enemy territory shall. unless the contrary is proved.
be evidence, as against any person who was a party to the
dispatch of the document, that the person to whom the document
was dispatched was an enemy.

(5) A prosecution for an offence of trading with the enemy
shall not be instituted except by, or with the consent of, the
Attorney General:

Provided that this subsection shall not prevent the arrest, or
the issue or execution of a warrant for the arrest, of any person
in respect of such an offence, or the remanding, in custody or on
bail, of any person charged with such an offence, notwithstanding
that the necessary consent to the institution of a prosecution for
the offence has not been obtained.

5. (1) The Governor, if he thinks it expedient for securing
compliance with the provisions of section 4 so to do, may by order
in writing appoint an inspector, for the purpose of this section
and, by such order. authorize the inspector to inspect any books
or documents belonging to, or under the control of, a person
named in the order, and to require that person and any other
person to give such information in his possession with respect to
any business carried on by the named person as the inspector
may demand, and for the purposes aforesaid to enter on any
premises used for the purposes of that business.

(2) If, on a report made by an inspector in respect of any
business, it appears to the Governor that it is expedient, for
securing compliance with the provisions of section 4, that the
business should be subject to supervision, the Governor may
appoint a supervisor to supervise the business, with such powers as
the Governor may determine.

(3) Any person who, without reasonable cause, fails to pro-
duce for inspection, or furnish, to an inspector or a supervisor,
any document or information which he is duly requested by the
inspector or supervisor so to produce or furnish, shall be guilty
of an offence and shall be liable on summary conviction to a fine
of one thousand dollars and to imprisonment for six months.





(4) Any person who, with intent to evade the provisions of
this section, destroys, mutilates or defaces any book or other
document which an inspector or a supervisor is or may be
authorized under this section to inspect, shall be guilty of an
offence and shall be liable-

(a)on conviction, on indictment, to a fine of five thousand
dollars and to imprisonment for five years; or

(b)on summary conviction, to a fine of one thousand dollars
and to imprisonment for six months.

6. (1) Where any business is being carried on in the Colony
by, or on behalf of, or under the direction of, persons all or any
of whom are enemies or enemy subjects or appear to the Governor
to be associated with enemies, the Governor may, if he thinks it
expedient so to do, make-

(a)a restriction order prohibiting the carrying on of the
business either absolutely or except for such purposes
and subject to such conditions as may be specified in the
order; or

(b)a winding-up order requiring the business to be wound
up.

and the making of a restriction order as respects any business
shall not prejudice the power of the Governor, if he thinks it
expedient so to do, at any subsequent date to make a winding-up
order in respect of that business.

(2) Where an order under subsection (1) is made in respect
of any business, the Governor, by that order or by a subsequent
order, may appoint a controller to control and supervise the
carrying out of the order, and, in the case of a winding-up order.
to conduct the winding-up of the business, and may confer on
the controller any such powers in relation to the business as are
exercisable by a liquidator, in the voluntary winding-up of a
company, in relation to the company, including power in the name
of the person carrying on the business or in his own name, and
by deed or otherwise, to convey or transfer any property and power
to apply to the Court to determine any question arising in the
carrying out of the order, and may by the order confer on the
controller such powers as the Governor thinks necessary or con-
venient for the purpose of giving full effect to the order.

(3) Where a restriction order or a winding-up order is made
in respect of any business, the distribution of any assets of the
business which are distributed while the order is in force shall
be subject to the same rules as to preferential payment as are
applicable to the distribution of the assets of a company which is
being wound up, and the said assets of the business shall. so far
as they are available for discharging unsecured debts, be applied
in discharging unsecured debts due to creditors of the business





who are not enemies in priority to unsecured debts due to any other
creditors. and any balance, after providing for the discharge of all
liabilities of the business, shall be distributed among the persons
interested in the business in such manner as the Governor inay direct:

Provided that the provisions of this subsection -shall, in their
application to the distribution of any money or other property which
would, in accordance with those provisions, fall to be paid or
transferred to an enemy, whether as a creditor or otherwise, have effect
subject to the provisions of section 10 and of any order made under
that section.

(4) Where any business in respect of which a controller has been
appointed under this section has assets in enemy territory, the
controller, if in his opinion it is practicable so to do, shall cause an
estimate to be prepared

(a) of the value of those assets;

(b)of the amount of any liabilities of the business to creditors,
whether secured or unsecured, who are enemies.,

(c)of the amount of the claims of persons who are enemies to
participate. otherwise than as creditors of the business, in any
distribution of assets of the business made while an order
under subsection (1) is in force in respect of the business,

and, where such an estimate is made, the said liabilities and claims shall,
for the purposes of this section, be deemed to have been satisfied out
of the said assets of the business,in enemy territory. or to have been
satisfied thereout so far as those assets will go, and only the balance, if
any, shall rank for satisfaction out of the other assets of the business.

(5) Where an estimate has been prepared under subsection (4), a
certificate of the controller as to the value or amount of any Assets,
claims or liabilities to which the estimate relates shall be conclusive for
the purpose of determining the amount of the assets of the business
available for discharging the other liabilities of the business and for
distribution amongst other persons claiming to be interested in the
business:

Provided that nothing in this subsection shall affect the rights of
creditors of, and other persons interested in, the business against the
assets of the business in enemy territory.

(6) The Governor, on an application made by the controller
appointed under this section and after considering the application and
any objections which may be made by any person who appears to him
to be interested, may by order grant to the controller a release, and an
order of the Governor under this subsection shall discharge the
controller from all liability in respect of any act done or default made by
him in the exercise and performance of his powers and duties as
controller:





Provided that any such order may be revoked by the Governor on
proof that it was obtained by fraud or by suppression or concealment of
any material fact.

(7) Any person who contravenes, or fails to comply with, the
provisions of any order made under subsection (1) shall be guilty of an
offence of trading with the enemy.

(8) Where an order under subsection (1) has been made in respect
of a business carried on by an individual or by a company, no
bankruptcy petition or petition for sequestration or summary
sequestration against the individual, or petition for the windingup of the
company, shall be presented, or resolution for the winding-up of the
company passed, or steps for the enforcement of the rights of any
creditors of the individual or of the company shall be taken without the
consent of the Governor, but where the business is carried on by a
company the controller may present a petition for the winding-up of the
company by the Court, and the making of an order under this section
shall be a ground on which the company may be wound up by the Court.

(9) Where an order is made under this section appointing a
controller for any business, any remuneration of, and any costs, charges
and expenses incurred by, the controller, and any other costs, charges
and expenses incurred in connexion with the control and supervision of
the carrying out of the order. to such amount as may be certified by the
Governor, shall be defrayed out of the assets of the business. and, as
from the date of the certificate, shall be charged on those assets in
priority to any other charges thereon.

7. (1) No assignment of a chose in action made by or on behalf of an
enemy shall, except with the sanction of the Governor, be effective so as
to confer on any person any rights or remedies in respect of the chose in
action, and no transfer of a negotiable instrument by or on behalf of an
enemy, or subsequent transfer thereof, shall, except with the sanction of
the Governor, be effective so as to confer any rights or remedies against
any party to the instrument.

(2) The provisions of subsection (1) shall apply in relation to any
transfer of any coupon or other security transferable by delivery, not
being a negotiable instrument, as they apply in relation to an assignment
of a chose in action.

(3) Any person who by payment or otherwise purports to discharge
a any liability from which he is relieved by this section, knowing the
facts by virtue of which he is so relieved, shall be deemed to have
thereby traded with the enemy:

Provided that in any proceedings for an offence of rading with the
enemy which are taken by virtue of this subsection it shall be a
defence for the defendant to prove that at the time when he purported to
discharge the liability in question he had reason





able grounds for believing that the liability was enforceable against him
by order of a competent court, not being either a court having
jurisdiction in the Colony or a court having jurisdiction in enemy
territory, and would be enforced against him by such an order.

(4) Where a claim in respect of a negotiable instrument or chose in
action is made against any person who has reasonable cause to believe
that. if he satisfied the claim, he would be thereby committing an offence
of trading with the enemy, that person may pay into the Court any sum
which, but for the provisions of subsection (1), would be due in respect
of the claim, and thereupon that sum shall, subject to rules of court, be
dealt with according to any order of the Court, and the payment shall for
all purposes be a good discharge to that person.

(5) Nothing in this section shall apply to securities to which the
provisions of section 8 apply.

8. (1) if-

(a)any securities to which this section applies are transferred by
or on behalf of an enemy; or

(b)any such securities, being securities issued by a company,
are allotted or transferred to, or for the benefit of, an enemy
subject without the consent of the Governor,

then, except with the sanction of the Governor, the transferee or allottee
shall not, by virtue of the transfer or allotment, have any rights or
remedies in respect of the securities, and no company by whom the
securities were issued or are managed shall take any cognisance of, or
otherwise act upon, any such transfer except under the authority of the
Governor.

(2) No share warrants, stock certificates or bonds, being warrants,
certificates or bonds payable to bearer, shall be issued in respect of any
securities to which this section applies, being securities registered or
inscribed in the name of an enemy or of a person acting on behalf of, or
for the benefit of, an enemy.

(3) Any person who contravenes the provisions of this section
shall be guilty of an offence and shall be liable on summary conviction
to a fine of two thousand dollars and to imprisonment for six months..

(4) This section applies to annuities, stock, shares, bonds,
debentures or debenture stock registered or inscribed in any register,
branch register or other book kept in the Colony.

9. Any person who purchases any notes or coins which circulate in
any enemy territory or any other notes or coins which are for the time
being declared by an order of the Governor under subsection (3) of
section 3 to be enemy currency shall be guilty of an offence of trading
with the enemy.





PROPERTY OF ENEMIES AND ENEMY
SUBJECTS.

10. (1) With a view to preventing the payment of money to enemies
and of preserving enemy property in contemplation of arrangements to
be made at the conclusion of peace, the Governor may appoint a
Custodian of Enemy Property.

(2) The person for the time being holding the office of Custodian of
Enemy Property shall be a corporation sole under that name, and by that
name shall have perpetual succession with capacity to acquire, whether
as purchaser, mortgagee or otherwise, and hold in that name lands,
Government securities, shares in any public company, debentures,
stocks, funds, securities for money and real and personal property of
every description, to sue and be sued, to grant, sell, convey, assign,
surrender, exchange, partition, yield up, mortgage, demise, reconvey,
reassign, transfer or otherwise deal with and dispose of any property of
any nature whatsoever, to execute deeds, using an official seal, to enter
into engagements binding on himself and his successors in office and to
do all other acts necessary or expedient to be done in the execution of
the duties of his office.

(3) The Governor may by order-

(a)require the payment to the Custodian of money which would,
but for the existence of a state of war, be payable to or for the
benefit of a person who is an enemy, or which would, but for
the provisions of section 7 or 8, be payable to any other
person.,

(b) vest in the Custodian any enemy property;

(c)vest in the Custodian the right to transfer any enemy property
which has not been, and is not required by the order to be,
vested in the Custodian.,

(d)confer and impose on the Custodian and on any other person
such rights, powers, duties and liabilities as may be prescribed
as respects

(i) property Which has been, or is required to be, vested in
the Custodian by or under the order;

(ii) property of which the right of transfer has been, or is
required to be, so vested,

(iii) any other enemy property which has not been, and is
not required to be, so vested; or

(iv) money which has been, or is by the order required to
be, paid to the Custodian;

(e)require the payment of such fees as may be prescribed in the
order to the Custodian in respect of such matters as may be
prescribed and regulate the collection of and accounting for
such fees;

require any person to furnish to the Custodian such returns,
accounts and other information and to produce





such documents, as the Custodian considers necessary for
the discharge of his functions under the order,

and any such order may contain such incidental and supplementary
provisions as appears to the Governor to be necessary or expedient for
the purposes of the order.

(4) Where any requirement or direction with respect to any money
or property is addressed to any person by the Custodian and
accompanied by a certificate of the Custodian that the money or
property is money or property to which an order under this section
applies, the certificate shall be evidence of the facts stated therein, and
if that person complies with the requirement or direction. he shall not be
liable to any action or other legal proceeding by reason only of such
compliance.

(5) Where, in pursuanceof an order made under this
section-

(a) any money is paid to the Custodian;

(b)any property, or the right to transfer any property, is vested in
the Custodian; or

(c)a direction is given to any person by the Custodian in relation
to any property which appears to the Custodian to be
property to which the order applies,

neither the payment, vesting or direction nor any proceedings in
consequence thereof shall be invalidated or affected by reason only
that at a material time

(i)some person who was or might have been interested in the
money or property, and who was an enemy or an enemy
subject, had died or had ceased to be an enemy or an enemy
subject; or

(ii)some person who was so interested. and who was believed by
the Custodian to be an enemy or an enemy subject, was not
an enemy or an enemy subject.

(6) If any person pays any debt, or deals with any property to
which any order under this section applies. otherwise than in
accordance with the provisions of the order or in accordance with the
provisions of an order made under section 6, he shall be guilty of an
offence and shall be liable on summary conviction to a fine of two
thousand dollars and to imprisonment for six months, and the payment
or dealing shall be void.

(7) If any person, without reasonable cause, fails to produce or
furnish, in accordance with the requirements of an order under this
section, any document or information which he is required under the
order to produce or furnish, he shall be liable on summary conviction to
a fine of two hundred dollars for every day on which the default
continues.





(8) All fees received by the Custodian by virtue of an order under
this section shall be paid into the general revenue of the Colony.

GENERAL AND SUPPLEMENTARY
PROVISIONS.

11. (1) Any person who, for the purpose of obtaining any authority
or sanction under this Ordinance, or in giving any information for the
purposes of this Ordinance or of any order made thereunder, knowingly
or recklessly makes a statementwhich is false in a material particular shall
be guilty of an offence and shall be liable on summary conviction to a
fine of two thousand dollars and to imprisonment for six months.

. (2 ) Any person who wilfully obstructs any other person in the
exercise of any powers conferred on him by or under this Ordinance
shall be guilty of an offence and shall be liable on summary conviction
to a fine of one thousand dollars.

12. (1) Where any ofrence under this Ordinance, committed by a
body corporate. is proved to have been committed with the consent or
connivance of, or to have been attributable to any neglect on the part of
any director, manager, secretary or other officer of the body corporate,
he, as well as the body corporate, shall be deemed to be guilty of that
offence, and shall be liable to be proceeded against and punished
accordingly.

(2) For the purposes of this Ordinance, a person shall be deemed to
be a director of a body corporate if he occupies in relation thereto the
position of a director, by whatever name called; and, for the purposes of
the provisions of this Ordinance relating to offences by bodies
corporate, a person shall be deemed to be a director of a body corporate
if he is a person in accordance with whose directions or instructions the
directors of that body act:

Provided that a person shall not, by reason only that the directors
of a body corporate act on advice given by him in a' professional
capacity, be taken to be a person in accordance with whose directions or
instructions those directors act.

13. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Successors. or the rights
of any body politic or corporate or of. any other persons except such as
are mentioned in this Ordinance and those claiming by, from or under
them.
Originally 13 of 1957. Short title and commencement. [cf. 2 & 3 Geo. 6 c. 89, s. 17.] Interpretation. [cf. 2 & 3 Geo. 6 c. 89, ss. 2 and 15.] (Cap. 32.) Powers of the Governor. [cf. 2 & 3 Geo. 6 c. 89, ss. 2 and 15.] Penalties for trading with the enemy. [cf. 2 & 3 Geo. 6 c. 89, s. 1.] Inspection and supervision of businesses. [cf. 2 & 3 Geo. 6 c. 89, s. 3.] Power to control and wind up certain businesses. [cf. 2 & 3 Geo. 6 c. 89, s. 3A.] Transfer of negotiable instruments and choses in action by enemies. [cf. 2 & 3 Geo. 6 c. 89, s . 4.] Transfer and allotment of securities. [cf. 2 & 3 Geo. 6 c. 89, s . 5.] Purchase of enemy currency. [cf. 2 & 3 Geo. 6 c. 89, s . 6.] Collection of enemy debts and custody of enemy property. [cf. 2 & 3 Geo. 6 c. 89, s. 7.] False statements and obstruction. [cf. 2 & 3 Geo. 6 c. 89, s. 9.] Offences by corporations. [cf. 2 & 3 Geo. 6 c. 89, s. 10] Saving.