9
3
Amendment
of Ordin.
ance No. 19
of 1912, ss.
3, 4 and 7.
Amendment
of Ordin
ance No. 19
of 1912, s. 6.
New sections 8,
9 and 10
added to Ordinance
No. 19 of 1912.
Appeal to Governor in Council against decision of aby person entrusted with power under this Ordinance.
Governor
in Council empowered in any appeal to state case for the opinion of Full Court on question
of law.
"
77
4. The advertisements Regulation Ordinance, 1912, is amended by the substitution of 'by-law" or by-laws for "regulation regulations" respectively where these
words occur-
13
EC
or
(1) in the second line of section 3 and in the marginal note thereto;
(2) in the second line of section 4; and
(3) in the second line of section 7.
5. Section 6 of the Advertisements Regulation Ordin- ance, 1912, is amended by the substitution of the words "Chairman of the Urban Council" for the words
33
of Public Works where these words occur—
(1) in the marginal note thereto;
Director
(2) in the first and second lines and in the seventh and eighth lines of sub-section (1); and
(3) in the third and fourth lines of sub-section (2).
6. The following sections are inserted in the Advertise- ments Regulation Ordinance, at the end thereof
8.-(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 the 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 modifica- tion, 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.
9.--(1) In any appeal under the provisions of section 8 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 concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Governor in
Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.
(2) Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.
(3) No proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Governor in Council in respect of anything arising out of this section.
(4) The Clerk of Councils shall give the appellant seven days' notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the con- sideration of the Governor in Council:
Provided that nothing herein contained shall be deemed
to prevent any person from applying to the Supreme Court for a mandamus, injunction, prohibition or other order, should he elect so to do instead of appealing to the Governor in Council under section 8.
10. Every order of the Governor in Council on any Order of appeal shall be final and may be enforced by the Supreme Council Court as if it had been an order of that court.
Governor in
enforced by the Court.
of Ordin-
7. The regulations made under the Advertisements Amendment Regulation Ordinance and contained in the Regulations of ance No. 19 Hong Kong (1937 Edition) Vol. II pages 720-722, are of 1912,
Regs. 1, 2, amended as follows:-
(1) by the substitution of the words ** Urban Council "
for the words Governor in Council".
(a) in No. 2 (1), line six;
(b) in No. 2 (2), line two; and
(c) in No. 7, line one.
(2) by the substitution of the words
Secretary of the
Urban Council" for the words "Clerk of Councils" in the fourth line of No. 7.
C
C
(3) by the substitution of "by-law or by-laws" for regulation or regulations" respectively where these
22
words occur-
(a) in the heading thereto;
(b) in No. 1, line ten;
(c) in No. 2 (3), line one;
(d) in No. 2 (5), line three;
(e) in No. 3 (2), line one; and
() in No. 4 line one.
Passed the Legislative Council of Hong Kong, this
20th day of June, 1910,
C. BRAMALL BURGESS,
Deputy Clerk of Councils.
3, 4 and 7.
10
HONG KONG
(1937 REVISION)
No. 19 of 1912.
An Ordinance to control the exhibition of advertisements.
[17th May, 1912.]
[Originally No. 19 of 1912.
No. 3 of 1925. No. 6 of 1937.
Law Rev.
Ord., 1939.]
*
1. This Ordinance may be cited as the Advertisements Short title. Regulation Ordinance, 1912.
2. In this Ordinance-
(a) “Advertisement" includes any structure or apparatus erected or intended only for the display of advertisements but does not include any advertisement or structure or apparatus which is not visible from any street, or from the waters of the Colony, or from any other place to which the public have access, or from any land or building not belonging to or in the possession of the owner or occupier of the land or building on or in which such structure or apparatus is erected or on or in which the advertisement is exhibited;
* The provisions of this Ordinance, which are set out in full in the Schedule to, and re-enacted by, the Law Revision Ordinance, 1939, have been rearranged and amplified.
Interpreta- tion.Page 11
12