1948-HKRS29-8-15_Part03 — Page 36

Frospecting and mining restricted. Ordinance No. y of Igaf.

Holder of licence to report his operations.

Export restricted.

Grant of licence ar permit discretionary,

Form of licence.

Offences.

Ordinance

No. * of

1god.

includes such working as is reasonably necessary to enable the prospector to test the radio-active mineral-bearing qualities of the area concerned;

radio-active mineral " means any substance specified in the Schedule to this Ordinance.

3. (1) Notwithstanding anything in the Prospecting and Mining Ordinance, 1006, contained no person shall within the Colony prospect for or mine, or attempt to prospect for or mine, any radio-active mineral except under and in accordance with i licence granted by the Governor.

(2) If any such mineral is discovered in the course of prospecting under a licenco granted in accordance with section 2 of the Prospecting and Mining Ordinance, 1906, the holder of such licence shall immediately notify the Colonial Secretary of such discovery.

(3) If any such mineral is discovered in the course of mining under a licence granted in accordance with section 3 of the Prospecting and Mining Ordinance, 1900, no such mineral shall be removed without the consent of the Governor.

4. Every holder of a licence shall within the first week of every month furnish the Colonial Secretary with a true report in writing of the prospecting and mining operations conducted by him in the immediately preceding month with respect to radio- active minerals.

5. No person shall export, or attempt to export, from the Colony any radio-active mineral except under and in accordance with a permit granted by the Superintendent of Imports and Exports in that behalf.

6. The grant of a licence or a permit shall be in the absolute discretion of the person authorised to issue such a licence or permit who shall be under no obligation to assign any reason for refusing the grant thereof.

* Every licence shall be subject to the payment of such fee as the Governor may determine and shall be in such form and for such period and shall contain such terms and conditions as the issuing authority way think fit to impose.

$. (1) Every person who-

(a) prospects for or miues, or attempts to prospect for or mine, auy radio-active mineral within the Colony without a licence; or

(6) being the holder of a licence, prospects for or mines, or attempts to prospect for or mine, any radio-active mineral within the Colony otherwise than in accordance with any term or condition of his licence; or

(c) being the holder of a licence issued in accordance with the provisions of the Prospecting and Mining Ordinance, 1906, fails to comply with the requirements of sub-sections (2) and (3) of section 3 of this Ordinance; or

•

(d) being the holder of a licence, fails to comply with the requirements of section 4 of this Ordinance; or

(e) exports, or attempts to export, from the Colony any radio-active mineral without a permit; or

(/) being the holder of a permit, exports, or attempla to export, from the Colony any radio-active mineral otherwise than in accordance with any term or condition of his permit; or

(v) obtains, or attempts to obtain, a licence or permit

by means of any false statement or representation;

shall, upon summary conviction, be liable to imprisonment for a period not exceeding one year or to a fine of five thousand dollars or to both such imprisonment and fino.

(2) The Court before which any person is convicted of au offence under sub-section (1) of this section shall order the forfeiture to His Majesty of any radio-active mineral or prospecting or mining apparatus derived from, or employed in the commission of, any act in respect of which such person" was convicted.

9. (1) Any police officer of or above the rank of Sub- Powers of Iusportor or any other afficer or class of officers authorised in examina writing by the Governor in that behalf, may, for the purposes of tiona enforcing the provisions of this Ordinance, without warrant or other legal process

(a) enter and search any place where he has reason- able grounds for suspecting that an offence under this Ordinance has been, or is about to be, committed;

(4) search any person whom he has reasonable grounds for suspecting to have committed, or to be about to commit, an offence under this Ordinance;

(c) arrest any person whom he has reasonable grounds for suspecting to have committed, or to be about to commit, an offence under this Ordinance;

(d) seixe any radio-active mineral or prospecting or mining apparatus connected therewith which he has reasonable grounds to suspect to he, or to be about to be, derived from, or employed in, the commission of any offence under this Ordinance.

(2) Where any person is arrested, or any radio-active minerals or prospecting or mining apparatus is seized, under the provisions of sub-section (1) of this section, such person, mineral and apparatus shall, as soon as practicable, be brought before a magistrate.

or

(8) Every person who obstruets, or attempts to obstruct, whether actively or passively, any officer in the execution, purported execution, of his duties under this section. shall ha liable, upon summary conviction, to imprisonment for a period not exceeding six months or to a fine of two thousand dollars or to both such imprisonment and fine.