1949-HKRS30-8-39_Part05 — Page 8

Informa-

tion as to storaxc facilities.

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engaged in the work authorized by the order a notice requiring them to comply with that condition within such time as may be specified in the notice, and, if the requirements of the notice are not complied with to the satisfaction of the competent authority the authority shall revoke the order:

Provided that the provisions of this sub-regulation as to the duty of the competent authority in the event of any such condition not being complied with shall be without prejudice to the power of the competent authority to vary any such condition if the competent authority is satisfied that it is necessary so to do.

(3) If while any order by a competent authority under This regulation is in force, an application is made to the authority by persons appearing to the authority to be interested request- ing that an inquiry into the extent of the nuisance, or the the steps that might be taken to minimise it, should be held, the competent authority shall, unless the application appears to such authority to be frivolous, direct the holding of such an inquiry, and shall after receiving the report of the person appointed to hold the inquiry, consider whether or not the order should be varied or revoked.

(4) For the purposes of this regulation, proveedings for the enforcement of an express covenant not to commit muisance or for the recovery of damages in respect of a breach of such a covenant shall be deemed to be proceedings for the abatement or prohibition of a nuisance or for the recovery of damages in respect of a nuisance, as the case may be.

(5) Nothing in this regulation shall affect any pro- ceedings for the enforcement of an Ordinance.

80. (1) With a view to obtaining information as to the accommodation and facilities available for the storage of articles in the public interest the Governor may, by order made as respects premises of any class situated in any area in the Colony, require The owners or occupiers of those premises to furnish to such authority, within such time, and in such form and manner, as may be specified in the order, such particulars with respect to the premises as may be so specified, and to notify that authority from time to time of any change in those particulars.

(2) The Governor may, to such extent and subject to such restrictions as he thinks proper, delegate his functions under this regulation to any specified persons or class of persons.

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of

81. The Compensation (Defence) Regulations, 1940, and all Application orders, notices and appointments thereunder, shall have effect, Compenaa. in relation to things done under the powers conferred by these tion,

(Defence) regulations, as though the said regulations had been amended on Regala- the coming into force of these regulations-

tions, 1940.

(e) 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 the emergency comes to an end" and substituting therefor the words "at any time after the enactment of Part VI of the Emergency (Principal) Regulations, 1949."; and

(b) as if for the definition of "land" therein contained there had been substituted the definition of "lund" contained in Part of these regulations.

PART VI.

Miscellaneous Provisions.

82. (1) The competent authority, if he considers it desirable Inquiries, for the exercise of any of the powers under Puirt V and Part VI of these regulations that an inquiry should be held into any particular matter, may direct the holding of an inquiry into that matter by such person and at such place as the authority may determine.

(2) For the purposes of any inquiry held in pursuance of this regulation, the person appointed to hold the inquiry may by summons require any person to attend, at such time and place as is specified in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence an oath, and for that purpose administer oaths, or may, instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined.

(3) Every person who refuses or wilfully neglects to attend in obedience to a summons issued under this regulation, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which he

may be required to produce for the purpose of such an inquiry, shall be guilty of an offence against these regulations.