1949-HKRS30-8-39_Part03 — Page 7

Taking

possession of land.

(3) (a) No special form shall be required for the exercise by the Governor or by a competent authority of any power conferred by these regulations : Provided that the Governor may authorize the use of any form for the exercise of any such power and in such event such form with such adaptations and modifications as the circumstances of any particular case may require shall be valid and sufficient,

(b) Nothing in paragraph (a) of sub-regulation (3) of this regulation shall be deemed to imply that any power con- ferred by these regulations is required to be exercised or communicated in writing.

(4) (4) A competent authority shall be the person appointed by name or hy office by the Governor in writing for the purposes of all or any of these regulations or for any of the purposes of any particular regulation in which such expression occurs, and any person so appointed is in these regulations referred to as the competent authority. Any such appointment may be made in respect of the whole or any part of the Colony. Any appointment shall be deemed to extend to the whole Colony unless otherwise expressed.

(b) Where the holder of a designated office has hem appointed to be the competent authority, then, unless express provision is made to the contrary, the appointment shall be deemed to extend to the person for the time being performing the duties of the office designated.

3. (1) A competent authority if it appears to that authority to take be necessary or expedient so to do in the public interest may or authorize in writing the taking of possession of any land and · may give such directions as appear to be necessary for the taking and maintaining possession of such land and for the eviction therefrom of any person who is, enters or remains thercon without the consent of the competent authority.

(2) Without prejudice to the generality of the foregoing such directions may authorize any police officer to break open. enter forcibly and remain on any land the taking possession which has been authorized by the competent authority and to exis forcibly from such land any persons that the competent authoris may specify or any persons other than such persons as the cool- etent authority may specify.

(3) Whether or not any specific direction has been given under the preceding sub-regulation a police officer may take suc

steps and use such force as appears to him to be reasonably necessary for securing compliance with any direction given under sub-regulation (t).

(4) While any land is in the possession of a competent authority by virtue of this regulation, the land may, notwith- standing any restriction imposed on the use thereof (whether by any Ordinance or other instrument or otherwise), be used by, or under the authority of, the competent authority in the public interest and the competent authority, so far as appears to such authority to be necessary or expedient in connection with the taking of possession or use of the land in pursuance of this sub-regulation-

(a) may do, or authorize persons using the land as aforesaid to do, in relation to the land, anything which any person having an interest in the land would be entitled to do by virtue of that interest; and

(b) may by order provide for prohibiting or restrict- ing the exercise of rights of way over the land, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise.

(5) The owner or occupier of any land shall, if requested by or on behalf of a competent authority so to do, furnish to such authority or person as may be specified in the request such information in his possession relating to the land (being informa- tion which may reasonably be demanded of him in connection with the execution of this regulation) as may be so specified.

(6) A competent authority may, to such extent and subject to such restriction as such authority thinks proper, delegate all or any of the functions of such authority under this regulation to any specified person or class of person.

other than

(0) In this regulation the term "chattel" includes any Requisition substance, vehicle or animal and any launch, lighter, boat or other of property small craft, and any ship, vessel or aircraft but does not include land. currency, gold securities or negotiable instruments.

(2) A competent authority may, if it appears to that authority to be necessary or expedient so to do in the public interest, requisition any chattel, and may give such directions as appear to such authority to be necessary or expedient in connection with the requisition. Any person contravening any such direction shall be guilty of an offence against these regula-

tions.