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THE HONGKONG GOVERNMENT GAZETTE, MARCH 16, 1917.
[16th March, 1917.]
BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Crown Land Short title. Preservation Ordinance, 1917.
2. If at any time it shall be shown to the satisfaction of Power to the Governor that trees or growing plants on Crown land order en-
quiry. 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.
3. In the case of villages or areas in the New Terri- Composition tories the court of enquiry shall consist of the District of court of Officer or Assistant District Officer and the Superintendent enquiry. of the Botanical and Forestry Department, 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 Superintendent of the Botanical and Forestry Depart-
ment.
4. The said court shall bold the enquiry in public and Proceedings shall afford to all persons who may be adversely affected of court of full opportunity of being heard in their defence.
enquiry.
5. For the purposes of any such enquiry the said court Powers of shall have all the powers and privileges which under the court of Commissioners Powers Ordinance, 1886, are or may be enquiry. conferred on commissioners appointed thereunder.
Ordinance No. 13 of 1886.
6. On the completion of the enquiry the court shall Report to be report to the Governor as to whether in their opinion the made to damage or destruction was caused by the inhabitants of Governor. any village or area.
7. It shall be lawful for the Governor in Council upon Power of consideration of such report to order that a fine shall be Governor in imposed on the said village or on such area as he shall Council to prescribe.
impose fine.
8.--(1.) Every such fine shall be apportioned by the Incidence Colonial Treasurer among all the owners of land in the and method said village or area prescribed, in the manner specified in of levying sub-section (2) of this section, according to the amount of Crown rent or village rent payable by such owners respectively.
(2.) In the New Territories the Colonial 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 Crowu 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,
finc.
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