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Prohibition against entering prohibited
areas.
Damaging or
forests, etc. by fire.
15. Every 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. Every person who wilfully or negligently sets fire endangering 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.
Power of arrest
Second Schedule.
Power to
amend
Second Schedule.
Issue of
search
warrant
in certain
cases.
Assaulting
or resisting
or obstruct
ing forest
officer.
Acts
prohibited
in forests
etc.
17. It shall be lawful for any forest officer to arrest without warrant any person whom such forest officer reason- ably suspects of having contravened any of the provisions of this Ordinance or of any of the regulations made there- under or of any of the enactments specified in the Second Schedule.
18. It shall be lawful for the Governor in Council to amend the Second Schedule in any manner whatsoever.
19. Whenever 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 Second Schedule, such magistrate may by warrant directed to any European Officer of the Botanical and Forestry Department, empower him with such assistants as may be necessary, by day or night-
(1) 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
(2) to arrest any person who may appear to have such trees, shrubs or plants or parts thereof in his possession, custody or control.
20. Every 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. Every person who, without lawful authority or excuse, in any forest, plantation or prohibited area—
(a) cuts grass, needles;
removes turf or earth, rakes pine
(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 an offence against this Ordinance.
feiture,
22. (1) Every person who contravenes any of the Penalties provisions of this Ordinance or of any regulation made there- and for under shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.
(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 regula- tion or of any enactment specified in the Second Schedule shall have been committed.
23. The Forest Fires Prevention Ordinance, 1917, the Repeal of Crown Land Preservation Ordinance, 1917, the Plants Ordinances
No. 6 of Ordinance, 1920, the Forest Officers Ordinance, 1923, and 1917, No. 6
of 1917, The Prohibited Areas Ordinance, 1927 are repealed.
Passed the Legislative Council of Hong Kong, this
28th day of July, 1937.
A. G. CLARKE,
Deputy Clerk of Councils.
No. 11 of
1920, No. 32
of 1923,
No. 12 of
1927.
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