STA
Application
sation
{Defence) Regula- tions, 1940.
that an inquiry into the extent of the nuisance, or the steps the might be taken to minimize it, should be held, the competen authority shall, unless the application appears to such authority to be frivolous, direct the holding of such an inquiry, and shal after receiving the report of the person appointed to hold the inquiry, consider whether or not the order should be varied o revoked.
(4) For the purposes of this regulation, proceedings fr the enforcement of an express covenant not to commit nuisan or for the recovery of damages in respect of a breach of such a covenant shall be deemed to be proceedings for the abatemen or prohibition of a nuisance or for the recovery of damages i: respect of a nuisance, as the case may be.
(5) Nothing in this regulation shall affect any proced ings for the enforcement of an Ordinance.
9. The Compensation (Defence) Regulations, 1940, and all of Compen orders, notices and appointments thereunder, shall have effee, in relation to things done under the powers conferred by thes regulations, as though the said regulations had been amended on the coming into force of these regulations by deleting in sub-regulation (1) of regulation 3 the words "during the period beginning with the twenty-fourth day of August, nineteen hundred and thirty-nine, and ending with such day as the Governor may by order declare to be the day on which be emergency comes to an end" and substituting therefor the worl "at any time after the enactment of the Emergency (Requisition) Regulations, 1949".
Offences against corpora- Liona.
Penalty.
10. Where a person convicted of an offence against my of these regulations is a body corporate, every person who, the time of the offence, was a director or officer of the body corporate shall be deemed to be guilty of that offence unless be proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence.
11. (1) Any person who contravenes or fails to comply with any of these regulations, or any order or rule made under any of these regulations or any direction given or requiremen imposed under any of these regulations, shall be guilty of on offence against these regulations and shall-
(a) on summary conviction, be liable to a fine di five thousand dollars and to imprisonment for two years; or
(b) on conviction on indictment, be liable to a fine of ten thousand dollars and to imprisonment for five years.
(2) Where any offence against these regulations shall have been committed, whether any person shall have been con- victed in respect thereof or not, it shall be lawful for the court or a magistrate to order to be forfeited to the Crown any article in respect of which such offence has been committed and upon the making of any such order of forfeiture the said article shall become the property of the Crown free from all rights of any person. Before making any such order the court or magistrate. shall give to any person claiming or appearing to the court Or magistrate to be the owner of or otherwise interested in such article an opportunity of being heard: Provided that it shall be lawful for the Governor in his absolute discretion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds.
COUNCIL CHAMBER,
r3th August, 1949.
Explanatory Note
Clerk of Councils,
1. The above regulations made under the Emergency Regulations Ordinance, 1922, substantially re-enact with modifications the provisions of the Defence Regulations, 1940, and in particular, regulations 51-55 which deal with requisitioning and also with the use and doing of work on land by His Majesty's forces.
2. This course has been taken because, in view of the measures deemed appropriate for defence, the preservation of public order, safety or health or for the provision or maintenance of supplies and services, it in considered advisable to re-state in unambiguoua terms the purposes for which the emergency powers previously conferred by such regulations and now conferred by the above regulations may be exercised.