1949-HKRS29-8-16_Part02 — Page 43

Appeal to Governar In Council.

Order firal and to be enforced.

Service of notices.

holds the land from the Crown and, if not antisfied with such representations, to cause a sale by public auction of a new lease of the land to take place and cause to be refunded to the owner the amount so realised less the amount of all proper charges and expenses."

9. (1) Whenever any person is dissatisfied with the exercise of the discretion of the Director or with any action or decision of any other person 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 Ordinanca are, owing to special conditions, undesirable, the person so dissatisfied may appeal to the Governor in Council who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation, or setting aside, or such special conditions exist as render any such provision undesirablo, may make such order in respect thereof as may be just. 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 Director. The Clerk of Councils shall give the appellant seven days' notice of the bearing 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- aideration 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 be elect so to do, instead of appealing to the Governor in Council under this section.

(2) For the purposes of sections 8, 9, 10, 11 and 12, the Governor in Council may from time to time or for such period or in respect of such matters as muy seam expedient in the event of multiplicity or length of matters to be considered or decided under the provisions of this Ordinance, authorian a Committee of the Governor in Council to exercise generally or in any class of cases or in any particular case, all or any of the duties and powers vested in the Governor in Council under this Ordinance and thereupon such Committee shall have vested in them, subject to revocation by the Governor in Council, the duties and powers to which any such authority relates.

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

11. Auy notice required to be served under this Ordinance may be served either personally or by sending the same by registered post to the usual or last known place of business or residence of the person to be served and the date of such service shall be taken to be the date that such personal service is effected or date of the certificate that such notice has been delivered to the

post office as the case may be: Provided that all notices to be served under this Ordinance or to be published in the Gazette shall bo so served ar published together with a translation thereof in Chinese.

12. Any person who obstructs or impedes in the execution of Penalty for his duties or authority under this Ordinauce any person authorised alstruction. by the Director to enter any premises for the purposes thereof shall in addition to any other punishment to which he may be liable under any other law be liable to a fine not exceeding fifty dollars and to imprisonment for a term not exceeding one month provided that warning is Grst given verbally or otherwise—

(a) that clearance of the site has to be effected under the provisions of this Ordinance; and

offence.

(b) that such obstruction or impediment would be an

of Forms,

13. The Director may with the consent of the Governor Amendmen sanction such amendments of the forms contained in the Schedule as he may deem necessary or expedient and any form so umended shall be valid and sufficient for the purpoace of this Ordinance.

1900.

Ordinance

14. The provisions of this Ordinance shall be in addition to Savings and not in derogation of any other powers conferred by or under any enactment including to particular the Crown Lands Resump- Ordinance tion Ordinance, 1900, the Public Health (Sanitation) Ordinance, No. 10 of 1935, and the Buildings Ordinance, 1935, and all such powera may Cedinance be exercised in the same manner and by the same authority us No. 15 of if this Ordinance had not been maile, nor shall anything in this 1935. Ordinance be construed as derogating in any way from any rights No. 18 of or powers of the Crown or liabilities of other parties conferred, 1935. reserved, or imposed by Ordinance, law, deed, agreement or enston in existence immediately before the coming into operation of this Ordinauce, nor shall anything herein contained vary or affect the rights or liabilities as between landlord and tenant under any contract between them or vary the subsisting contractual or other rights between adjoining owners.