FORESTS AND COUNTRYSIDE ORDINANCE

FORESTS AND COUNTRYSIDE ORDINANCE

LAWS OF HONG KONG

FORESTS AND COUNTRYSIDE ORDINANCE

CHAPTER 96





CHAPTER 96

FORESTS AND COUNTRYSIDE ORDINANCE

ARRANGEMENT OF SECTIONS

Section page
1. Short title ... ... ... ... ... ... . ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Power of Governor in Council to make regulations ... ... ... ... ... ... 2
4. Forests, etc., to be under control of Director of Agriculture and Fisheries ... ...
2

PROTECTION OF TREES ON CROWN
LAND

5. Power to order inquiry 1. 1 .. ... ... ... ... ... ... ... ... 2
6. Composition of court of inquiry ... ... ... ... ... ... ... ... 3
7. Proceedings of court of inquiry ... ... ...... ... ... ... ... ... ... ... 3
8. Powers of court of inquiry ... ... ... ...... ... ... ... ... ... ... ... 3
9. Report to be made to Governor ... ... ...... ... ... ... ... ... ... ... 3
10. Power of Governor in Council to impose fine...
... ... ... ... ... ... ... 3
11. Incidence and method of levying fine ... ... ...
... ... ... ... ... 3

PROHIBITED XREAS-
AFFORFSTATION

12. Power of Governor in Council to declare prohibited areas ... ... ... ... ... 4
13. Boundaries to be defined ... ... ... ... ... ... ... ... ... ... ... ... 4
14. Notices to be placed along the boundaries ... ... ... ... ... ... ... ... 4
Is. Prohibition against entering prohibited areas ... ... ... ... ... ... ... ... 4

OFFENCES, PENALTIES AND
FORFEITURE

W Lighting fires in forests, etc. ...
... ... ... ... ... ... ... ... ... ... 4
17. Power of arrest ... ... ... ... ... ... ... ... 5
18. Power to amend Schedule ... ... ... ... ... ... ... ... ... ... 5
19. Issue of search warrant in certain cases ... ... ... ... ... ... ... ... ... 5
20. Assaulting or resisting or obstructing forest officer ... ... ... ... ... ... ... 5
21. Acts prohibited in forests, etc . ... ... ... ... ... ... ... ... ... ... ... 5
22. Penalties and forfeiture ... ... ... ... ... ... ... ... ... ... ... ... 5

Schedule........................................ ... ... ... ... ... ... ... ... ...
6





CHAPTER 96

FORESTS AND COUNTRYSIDE

To consolidate and amend the law relating to forests and plants, and
to provide for the protection of the countryside. (Anieizded,82of
1974,s.2)

[30 July 1937.1

1. This Ordinance may be cited as the Forests and Countryside
Ordinance.

(Amended, 82 of 1974, s. 3)

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

'forest' means any area of Crown land covered with selfgrown 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 Agriculture and Fisheries
Department; (Replaced, 6 of 1948, s. 2)

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

3. The Governor in Council may by regulation provide for-

(a)the protection of trees, shrubs, and other plants from
destruction, injury or removal;

(b)the preservation of fire-barriers and forestry paths from
destruction or injury;

(e)any such other matters as may appear to the Governor in
Council advisors 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 Director of
Agriculture and Fisheries.

(Amended, 6 of 1948, s. 3 and 82 of 19 74, s. 4)

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. The court of inquiry shall consist of the Secretary for District
Administration and the Forestry Officer.

(Replaced, L.N. 18/83)

7. 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.

8. For the purposes of any such inquiry, the said court shall have
all the powers and privileges which under the Commissions of Inquiry
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 Council. 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 apportioned by the Director of
Accounting Services 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. (Amended, L.N. 16/77)

(2) In the New Territories the Director of Accounting Services 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. (Amended, L.N.
16177)

(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 whose 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 made 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 is
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

c

in question is a prohibited area shall be placed along the boundaries at
intervals riot greater than 440 metres.

Amended L.N. 60 81

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

OFFENCES. PENALTIES AND
FORFEITURE

16. (1) Any person who-

(a)has lit, or is using a fire which was lit, in or near any forest,
plantation, prohibited area or area of open countryside; or

(b)is in a group of persons using a fire which was so lit, whether
or not by any person in the group.

shall be guilty of an offence unless he shows that-

(i)the lighting of a fire in the place in which the fire was lit was
reasonable in all the circumstances. and

(ii)he took all reasonable steps to prevent the fire from damaging
or endangering anything growing in the forest, plantation.
prohibited area or area of open countryside.

(2) For the purposes of this section, land shall not be treated as not
being open countryside solely by reason of the fact that it is held under
lease. licence or permit.

1 Replaced, 82 of 1974, s. 5)





17. If 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 enactment specified in the
Schedule.

18. The Governor in Council may by order signified in the Gazette
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 forest officer, empower him with such
assistants as may be necessary. by day or night- (Amended, 6of 1948, s.
5 and 82 of 1974, s.6)

(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.

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) plucks or damages any bud, blossom or leaf of any tree,

shrub or plant;

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

shall be guilty of an offence.

(Amended, 48 of 1972, s. 4)

22. (1) Any person who contravenes any of the provisions of this
Ordinance or of any regulation made thereunder shall be liable on
summary conviction to a fine of $2,000 and to imprisonment for 1 year.
(Amended, 6 of 1948, s. 7)

(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

Ordinance Short title Sections, etc.

Cap. 200. Crimes Ordinance. S, 60 in respect of anything
forming part of land.

Cap. 23 0. Theft Ordinance. S. 9 in respect of anything
forming part of land.

Cap. 228. Summary Offences Ordinance. S. 4(30) and s. 8(b),

(A Amended 21 of 19 70, s. 35 and 48 of 19 72,
s. 4)
Originally 11 of 1937. (Cap. 96, 1950.) 6 of 1948. L.N. 22/69. 21 of 1970. 48 of 1972. L.N. 94/74. 82 of 1974. L.N. 16/77. L.N. 60/81. L.N. 17/82. L.N. 18/83. Short title. Interpretation. Power of Governor in Council to make regulations. Forests, etc., to be under control of Director of Agriculture and Fisheries. Power to order inquiry. Composition of court of inquiry. 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. 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. Lighting fires in forests, etc. Power of arrest. Schedule. Power to amend Schedule. Issue of search warrant in certain cases. Schedule. Assaulting or resisting or obstructing forest officer. Acts prohibited in forests, etc. Penalties and forfeiture. Schedule.

Originally 11 of 1937. (Cap. 96, 1950.) 6 of 1948. L.N. 22/69. 21 of 1970. 48 of 1972. L.N. 94/74. 82 of 1974. L.N. 16/77. L.N. 60/81. L.N. 17/82. L.N. 18/83. Short title. Interpretation. Power of Governor in Council to make regulations. Forests, etc., to be under control of Director of Agriculture and Fisheries. Power to order inquiry. Composition of court of inquiry. 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. 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. Lighting fires in forests, etc. Power of arrest. Schedule. Power to amend Schedule. Issue of search warrant in certain cases. Schedule. Assaulting or resisting or obstructing forest officer. Acts prohibited in forests, etc. Penalties and forfeiture. Schedule.

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