1940-HKRS28-8-1_Part02 — Page 13

Amendmeal

of Ordin

Lore No. 19

of 1012,

3, 4 and 7.

.

Amandment

of Ordio-

nace No. 19 of 1912,

6.

New Sections

# and 10 added to Ordinspoo No. 19 DE 1912,

Appeal to Governor in Comcil against decisivo of впу расном entreated with power under this Ordinance.

Goveran

in Council

empowered

in way appeal to ntate casa for the opinion of Full Court

4. The advertisements Regulation Ordinance, 1912, is amended by the substitution of "by-law" or "by-laws' for "regulation" or regulations" respectively where these. words occur-

(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

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 thús Ordinance 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 appellaut 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 question 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

of law.

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 geven days notice of the hearing of the appeal, and shall at the suthe 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 mundumus, injunction, prohibition or other order, should he elect so to do instead of appealing to the Governor in Council under section 8.

Governor in

10. Every order of the Governor in Council on any Order of appeal shall be final and may be enforced by the Supreme Conne Court as if it had been an order of that court.

enforced by the Court.

of Ordio-

7. The regulations made under the Advertisements Amendment Regulation Ordinance and contained in the Regulations of

ando No. 10 Hong Kong (1937 Edition) Vol. Il pages 720-722, are of 1912, amended as follows --

Begs. 1, 2,

3, 4 and 70

(1) by the substitution of the words “Urban Council' for the words "Governor in Council

TY

(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.

**

*

(3) by the substitution of "by-law or by-laws" for regulation' OF

** regulations respectively where these

JA

words occur→→

(a) in the heading thereto;

(b) in No. 1, line ten;

(e) in No. 2 (3), line one;

"

(d) in No. 2 (6), 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, 1940.

Framandung

Deputy Clerk of Councila,