Repeal of Ordinance No. 13 of 1935, s. 4 (6).
Amendment
of Ordinance No. 13 of 1935, s. 5.
New sections 10, 11, 12, 13
and 14 added to Ordinance No. 13 of 1935.
812
(b) by the deletion of the words "and may order the articles seized to be restored" at the end of the section and by the substitution therefor of the words "and may order to be paid by way of compensation such sum of money not exceeding the market value of the food seized as he may consider reasonable."
5. Section 4 (6) of the Public Health (Food) Ordinance is repealed.
6. Section 5 of the Public Health (Food) Ordinance, 1935, is amended---
(a) by the deletion from sub-section (2) thereof of the following words--"and the fixing of fees to be charged in connection therewith", and
(b) by the insertion of the following sub-section, number- ed (13A) immediately after sub-section (13) thereof :-
(13A) The fixing of fees to be charged in connection with any of the above matters.
7. The following sections are inserted in the Public Health (Food) Ordinance, 1935, immediately after section. 9 thereof:-
Power of arrest in absence of police officer.
Application
to New
10. In the absence of an officer of police it shall be lawful for any officer of the Sanitary Department in whose presence an offence against any of the provisions of this Ordinance or of any by-law made thereunder has been committed, to arrest the offender and either give him into the custody of an officer of police or take him to the nearest police station: Provided that no such arrest shall be effected except in a public place or place of public resort or unless it is impracticable to proceed against the offender by com- plaint and summons.
11. This Ordinance and the regulations and by-laws of Ordinance made thereunder shall not apply to any part of the New Territories, Territories, except New Kowloon, unless and to such extent
as the Governor in Council shall by order otherwise direct.
etc.
Appeal to Governor in Council
against decision of
any person entrusted
with power under this Ordinance.
any person
12.-(1) Whenever any person is dissatisfied with the exercise of the discretion of the Urban Council or of 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.
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