FORESTRY ORDINANCE

FORESTRY ORDINANCE

CHAPTER 96.

FORESTRY.

Toconsolidate and amend. the law relating to forests and plants.

[30th July, 1937.]

1. This Ordinance may be cited as the Forestry Ordinance.

2. In this Ordinance-

'forest' means any area of Crown land covered with self-grown trees;

'plantation' means any area of Crown land which has been planted with
trees or shrubs or sown with the seeds, of trees or shrubs;
'forest officer' includes the Forestry Officer, every supervisor, every
forestry protection officer, every forestry inspector, every forest
guard and every forester of the Forestry Department ;

'prohibited area' means any, area declared to be a area
under this Ordinance.

3. The Governor in Council may make regulations
with respect to any of the following matters or for ally of
the following purposes-

(a)for protecting trees, shrubs, and other plants from
destruction, injury or removal

(b)for preserving fire-barriers and forestry paths from
destruction or injury;

(c)for any such other matters as may appear to the Governor in
Council advisable for the protection of forests and plants.

4. Every forest, plantation, prohibited area, tree nursery, fire-
barrier and forestry path, shall be under the control of the Forestry
Officer.





Protection of Trees on Crown Land.

5. 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 damage has been done on Crown land, and that there is reason
to believe that such damage or destruction was committed 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.

6. In the case of villages or areas in the New Terri-
tories, the court of inquiry shall consist of the District
Commissioner and the Forestry Officer, and in all other cases
it shall consist of the Secretary for Chinese Affairs or any
Assistant to the Secretary for Chinese Affairs and the
Forestry Officer.

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

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

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

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

11. (1) Every such fine shall be appointed by the Accountant General among
all the owners of land in the said villages or area prescribed, in the manner
specified in subsection (2), according to the amount of Crown rent or
village rent payable by such owners respectively. (2) In the New Territories the Accountant General shall apportion the fine among all the
persons whose names appear on the Crown rent roll for the said village or area, and
else-where in the Colony among all the person whose names appear either on the Crown rent
roll 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 so apportioned shall be recoverable from the respective owners whoses names
appear on the Crown rent roll or village rent roll respectively in the same manner in all
respects as Crown rent is recoverable.

(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.

Prohibited Areas - Afforestation.

12. (1) It shall be lawful for the Governor in Council by order signified in the Gazette to
declare any area to be a prohibited area if he considers it desirable to do so with a view
to the protection of afforestation operations.

(2) Every such order mader under this Ordinance shall be laid on the table of the
Legislative Council at the first meeting thereof held after the publication in the Gazette
of the making thereof, and if a resolution be passed at the first meeting of the Legislative
Council held after such order has been laid on the table of the said Council resolving that
such order shall be rescinded, or amended in any manner whatsoever, the said order shall,
without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the
case may be, as from the date of publication in the Gazette of the passing of such
resolution.

13. Every prohibited area shall have its boundaries marked or indicated by means of
fire-barriers or otherwise. 14. Notices both in English and Chinese stating that the area in question in a prohibited
area shall be placed along the boundaries at intervals not greater than four hundred and
forty yards.

15. Any person who without lawful authority or excuse enters a prohibited area shall be
guilty of an offence against this Ordinance.

Offences, Penalties and Forfeiture.

16. Any person who wilfully or negligently sets fire to anything, whether growing or not,
in or near any forest, plantation or prohibited area, in such a manner as to damage or
endanger any other thing which is growing in any forest, plantation or prohibited area shall
be guilty of an offence against this Ordinance.

17. It shall be lawful for any forest officer to arrest without warrant any person whom
such forest officer reasonably suspects of having contravened any of the provisions of this
Ordinance or of any of the regulations made thereunder or of any of the enactments specified
in the Schedule.

18. It shall be lawful for the Governor in Council by order signified in the Gazette to
amend the Schedule in any manner whatsoever.

19. Whenever it appears to a magistrate, upon the oath of any person, that there is
reasonable cause to suspect that any trees, shrubs or plants or any parts thereof are
contained in any building or place in contravention of this Ordinance or of any regulations
made thereunder or of any of the enactments specified in the Schedule, such magistrate may
by warrant directed to any European Officer of the Forestry Department, empower him with
such assistants as may be necessary, by day or night-

(a) to enter, and, if necessary, break into, such building or place and to search for and
take possession of any trees, shrubs or plants or parts thereof which may be found there,
and to carry the same before a magistrate; and

(b) to arrest any person who may appear to have such trees, shrubs or plants or parts
thereof in his possession, custody or control.




20. Any person who assaults or resists or obstructs any forest
officer in the execution of his, duty shall be guilty of an offence against
this Ordinance.

21. Any person who, without lawful authority or excuse, in any
forest, plantation or prohibited area

(a)cuts grass, removes turf or earth, rakes pine needles;

(b)fells or lops any tree or strips off the bark or leaves from or
otherwise damages the same;

(c)trespasses or pastures cattle or permits cattle to trespass ;

(d)damages any notice, fence, fire-barrier or forestry path,

Shall be guilty of in offence against this Ordinance.

22. (1) Any person who contravenes any of the provisions of this
Ordinance or of any regulation made 'hereunder shall upon summary
conviction be liable to a fine of two thousand dollars and to
imprisonment for one year.

(2) It shall be lawful for a magistrate to forfeit any severed tree or
plant or portion of a tree or plant with regard to which any
contravention of any such provision or regulation or of any enactment
specified in the Schedule shall have been committed.

SCHEDULE. [s. 17.]

Ordinance. Short title. Sections, etc.

Cap. 210. Larceny Ordinance. S. 16 (2); s. 17;

s. 18; S. 19; S.

20 and s. 21.

Cap. 211. Malicious Dainage Ordin- S. 16; s. 17 and
ance. s. 18.

Cap. 228. Summary Offences Ordin- S. 3 (31); s. 7 (b)

ance. and s. 8.
11 of 1937. 6 of 1948. Short title. Interpretation. 6 of 1948, s. 2. Power of Governor in Council to make regulations. Forests etc. to be under control of Forestry Officer. 6 of 1948, s. 3. Power to order inquiry. Composition of court of inquiry. 6 of 1948, s. 4. Proceedings of court of inquiry. Powers of court of inquiry. (Cap. 86.) Report to be made to Governor. Power of Governor in Council to impose fine. Incidence and method of levying fine. [s, 11 cont.] Power of Governor in council to declare prohibited areas. Boundaries to be defined. Notices to be placed along the boundaries. Prohibition against entering prohibited areas. Damaging or endangering forests, etc. by fire. Power of arrest. Schedule. Power to amend Schedule. Issue of search warrant in certain cases. 6 of 1948, s. 5. Assaulting or resisting or obstructing forest officer. Acts prohibited in forests etc. Penalties and forfeiture. 6 of 1948, s. 7.

11 of 1937. 6 of 1948. Short title. Interpretation. 6 of 1948, s. 2. Power of Governor in Council to make regulations. Forests etc. to be under control of Forestry Officer. 6 of 1948, s. 3. Power to order inquiry. Composition of court of inquiry. 6 of 1948, s. 4. Proceedings of court of inquiry. Powers of court of inquiry. (Cap. 86.) Report to be made to Governor. Power of Governor in Council to impose fine. Incidence and method of levying fine. [s, 11 cont.] Power of Governor in council to declare prohibited areas. Boundaries to be defined. Notices to be placed along the boundaries. Prohibition against entering prohibited areas. Damaging or endangering forests, etc. by fire. Power of arrest. Schedule. Power to amend Schedule. Issue of search warrant in certain cases. 6 of 1948, s. 5. Assaulting or resisting or obstructing forest officer. Acts prohibited in forests etc. Penalties and forfeiture. 6 of 1948, s. 7.

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