776
LEGISLATIVE COUNCIL.
Draft Bills.
No. S. 235.-The following Bills are published for general information :-
Short title.
New
sections 12,
13 and 14
added to
Ordinance No. 16 of 1935.
Appeal to
Governor in Council against decision of
any person entrusted
with power under this Ordinance.
Governor in Council empowered
in any appeal to state case for the
A BILL
[No. 24:-10.8.36.-0.]
INTITULED
An Ordinance to amend the Public Health (Animals and Birds)
Ordinance, 1935.
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Public Health (Animals and Birds) Amendment Ordinance, 1936.
2. The following heading and sections are inserted in the Public Health (Animals and Birds) Ordinance, 1935, immediately after section 11 thereof :---
Appeal to Governor in Council.
12.-(1) Whenever any person is dissatisfied with the exercise of the discretion of the Urban Council or of any person to whom discretionary power is given under this Ordinance in respect of any act, matter or thing which is by this Ordinance made subject to the exercise of the discretion of such authority, or with any action or decision of the Council or of any such person either as to the carrying out of or the meaning of any of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor in Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation or setting aside, or such special conditions exist as render. any such provision undesirable, may make such order in respect thereof as may be just.
(2) The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Council shall thereafter determine the matter in the absence of, and without further reference to, the Urban Council.
13.-(1) In any appeal under the provisions of section 12 the Governor in Council may at any time in his discretion direct a case to be stated for the opinion of the Full Court on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties