CROWN LAND PRESERVATION ORDINANCE, 1917

CROWN LAND PRESERVATION ORDINANCE, 1917

No. 6 of 1917.

An Ordinance to make further provislon for the protection
of trees on Croun land and other crown property form
wilful damage.
[16th March, 1917.]

1. This Ordinance may be cited as the Crown Land
Preservation Ordinance, 1917.

2. If at any time it shall be shown to the satisfaction of
the Governor that trees or growing plants on Crown land
have been felled, cut, burned, or otherwise damaged or
destroyed, or that any wilful or wanton dainage has been
done on Crown land, and that there.is reason to believe that
such damage or destruction was cortimitted by any of the
inhabitants of any village or area, it shall be lawful for the
Governor to order that a court of inquiry shall be held at or
near the said village or in or near the said area.

3. In the case, of villages or areas in the New Territories,
the court of inquiry shall consist of the District Officer and
the Superintendent of the Botanical and Forestry Depart-
ment, and in all other cases it shall coidsist of the Secretary
for Chinese Affairs or any Assistant to the Secretary for
Chinese Affairs and the Superintendent of the Botanical and
Forestry Department.

4. The said court shall hold the inquiry in public and
shall afford to all persons who may be adversely affected full
opportunity of being heard in their defence.

As amended by Law Rev. Ord., 1924.
In the ease of the New Territories, this Ordinance has effect retrospectively from
the 1st January, 1916. See s. 9.





5. For the purposes of any such inquiry, the said court
shall have all the powers and privileges which under the
Commissioners Powers Ordinance, 1886, are or may be
conferred on commissioners appointed thereunder.

6. On the completion of the inquiry, the court shall report
to the Governor as to whether in their opinion the damage
or destritetion was caused by the inhabitants of any village
or area.

7. It shall be lawful for the Governor in Council, -upon
consideration of such report, to order that a fine shall be
imposed on the said village or on stich area as he shall
prescribe.

8.-(1) Every such fine shall be apportioned by the
Treasurer among all the owners of land in the said village or

area presciibed, in the manner specified in sub-section (2),
according to the amount of Crown rent or village rent payable
by such owners respectively.

(2) In the New Territories the Treasurer shall apportion
the fine among all the persons whose names appear on the
Crown rent roll for the said village or area, and elsewhere in
the Colony among all the persons whose names appear either
on the Crown rent roll or on the village rent roll for the said
village or area.

(3) The amounts so apportioned shall in each case be a
first charge on the land in respect of which the Crown rent
or village rent upon which the apportionment was based is
payable.
(4) The amounts sQ apportioned shall be recoverable from
the respective owners whose names appear on the Crown rent
roll or village rent roll respectively in the same. manner in all
respects as Crowin rent is recoveiable.

(5) It shall be lawful for the Governor in Council in his
discretion to remit the payment of any amount so apportioned
in the case of any owner of land in the said village or area
who was not resident in the said village or area at the time
when the damage or destruction occurred, or who was not a
party to such damage or destruction.

* As amended by Law Rev. Ord., 1924,

9. This Ordinance shall also apply to every case of such
damage or destruction which has occurred in the New Terri-
tories since the 1st day of January, 1916.

[s. 10, rep. Law Revision Ordinance, 1924.]
[Originally No. 6 of 1917. Law Rev. Ord., 1924.] Short title. Power to order inquiry. Composition of court of inquiry. Proceedings of court of inquiry. Powers of court of inquiry. Ordinance No. 13 of 1886. Report to be made to Governor. Power of Governor to impose fine. Incidence and method of levying fine. Retrospective effect of Ordinance.

[Originally No. 6 of 1917. Law Rev. Ord., 1924.] Short title. Power to order inquiry. Composition of court of inquiry. Proceedings of court of inquiry. Powers of court of inquiry. Ordinance No. 13 of 1886. Report to be made to Governor. Power of Governor to impose fine. Incidence and method of levying fine. Retrospective effect of Ordinance.

https://oelawhk.lib.hku.hk/items/show/1308

1923

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No. 6 of 1917

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