3
Notice and
"war damage" includes—
(1) damage occurring (whether accidentally or not) as the result of action taken by the cocmy, or action taken in combating the enemy or in repelling an anticipated attack by the enemy, or, during the enemy occupation of the Colony, as a result of action taken by Allied Forecs or action taken in combating Allied Forces or in repolling an anticipated attack by Allied Forces;
(ii) damage occurring (whether accidentally or not) as the direct result of measures to avoid the spreading of, or otherwise to mitigate, the consequences of such damage as aforesaid;
(fi) accidental damage occurring as the direct result of any precautionary or preparatory measures laken with a view to preventing or hindering the carrying out of any attack by the enemy on the Colony or during the enemy occupation of the Colony by Allied Forces on the Colony or in either case in anticipation of attack or action in furtherance of such attack;
and shall include damage or destruction to, buildings or damage or the deposit of refuse or rubble on land arising as a consequence of bombing, shelling, fire, looting, beglect or otherwise after and as a natural result of the proclamation of war with Japan dated the 8th December, 1941;
"war damaged site" means any land in the Colony of Hong Kong (including the New Territories) which in the opinion of the Director requires to be cleared as a consequence wholly or partly of war damage thereto or war damage in the neighbourhood thereof.
3. (1) The Director may, by notice in writing in accordance entry on sites. with Form No. 1 in the Schedule, declare any land to be a war damaged site and require the owner to state in writing within a period of three weeks in accordance with Form No. 2 in the Schedule what bis intentions are with regard to clearance thereof.
(2) In the following events —
(a) if the owner cannot be found, or ascertained, or is absent from the Colony and his ageut cannot be found or ascertained, or is dead and no representation has becu granted to his estate or his personal representatives caunot be found;
(8) if Form No. 2 or the information required in that form is not received by the Director within three weeks of service of Form No. 1;
the Director may publish notification in the Gazette in accordance with Form No. 3 in the Schedule.
(3) If in accordance with Form No. 2, or by a com aunication in reply to a notification in the Gazette, or at any other time, an owner requests an extension of time in which to effect clearance of a war damaged site, the Director may in his discretion grant an extension for such period as appears to him to be reason- able and will notify the owner in writing whether such extension is granted or not.
4.
(1) On the expiration of six clear weeks from the service Power to effect
clearance, and of a notice in accordance with: Form No. 1, or if publication of a scope thereaf Gazette notification in accordance with section 3(2) has taken defined. place, then on the expiration of three olear weeks from the date thereof, together in either case with the period of the extension in any particular case duly approved by the Director in accordance with section 3(3) hereof, if clearance of a war damaged site has not beon effected, the Director may without further notice enter and effect clearance of such war damaged site either wholly or to such extent as seems to him expedient and either separately or together with other sites being so dealt with.
(2) In the event of as owner of a war damaged site requesting that under the provisions of this Ordinance clearance shall be effected by the Director at the cost of the owner, then the Director may forthwith enter and effect such clearance either wholly or to such extent as seems to him to be expedient, and either separately or together with other sites being so dealt with.
(3) For the purpose of the provisions of this Ordinance clearance of a war damagel site shall include such of the following acts as the Director may in each case from time to time consider necessary –
(i) demolition of buildings or parts thereof;
(ii) removal of rubble, stone, bricks, wood, pipes, paving, girdlers, rods, metal, roofing, building, refnse, domestic refuse, decaying matter, rubbish, huts, and all or any materials that could be utilised for erecting permanent or temporary buildings;
(iii) disposal of such materials by selling, tipping in authorised places, or use elsewhere;
(iv) levelling sites and filling cavities therein;
(v) disconnection, diversion of, or necessary work in connection with water, gos, electricity or other services;
(vi) filing, blocking, clearing, diverting or other necessary works in connection with ditchos, cess-pits, drains or
Bewers;
(vii) eviction of persons living in insanitary conditions; (viii) mosquita control measures;
(ix) rocent control measures ;
(x) disinfection;
(xi) aullah-training;
(xii) re-construction of paths; (xii) erection of fences or walls;