1952-HKRS30-8-42_Part01 — Page 12

Cancella- tion of permit for prejudico

to the

public interest.

Appeal by petition to Governor in Council in certain Cases.

Power for Urban

be under no liability to make any payment except at such time and manner and upon such request as may be provided by rules made under regulation 10.

Я. If the Urban Council is of opinion that the continued presence in any resettlement area of any permittee is prejudicial in the public interest it may cancel any permit granted pursuant to these regulations by seven days' notice in writing referring to this regulation.

9. (1) In any case in which the Urban Council has can- celled or purported to cancel a permit granted under these regulations or if any permittee who has been ejected from any premises claims that he should not have been ejected or that he should be reinstated or granted a fresh permit or that he should be compensated or that any compensation paid is inadequate he may within fourteen days petition the Governor in Council.

(2) Any such petition shall be transmitted through the Urban Council and if not so transmitted shall be sent to the Urban Council before consideration by the Governor in Council and the Urban Council shall in either event forward to the Governor in Council all such information on the subject maller of the petition as he may by any general or special direction require and shall in any event forward a statement of the action taken by the Urban Council and the reasons therefor,

(3) Nothing herein contained shall be deemed to prejudice any remedy which may from time to time be afforded by any competent court.

(4) Without prejudice to the provisions of paragraph (3) the Governor in Council may on any petition grant any relief which may appear to him to be equitable in all the circumstances and the fact that had an application been made by the petitioner to a court, such court would not have interfered with the exercise of any discretion by the Urban Council shall not be deemed to preclude the Governor in Council from substituting his own1 discretion for that of the Urban Council.

10. (1) Without prejudice to the power conferred by any enactment on the Urban Council to make by-laws in respect of Council to make rules. any matter hereinafter specified the Urban Council may make

rules providing for-

(4) the manner in which and the conditions subject to which buildings and structures in any resettlement area shall be erected and maintained;

(b) the sanitation of any resettlement area; (c) the health of persons within any settlement area; (d) the manner in which applications for a permit to erect a building or structure in any resettlement area shall be made;

(e) the manner in which and the conditions subject to which any trade, business, profession or occupation shall be carried on within the seulement area;

() the method in which and the conditions subject to which payment of any compensation payable under regulation 7 shall be made.

(2) Such rules shall not be deemed to be ultra vires because they contain provisions inconsistent with or derogating from other enactments relating to the above mentioned matters.

(3) All rules made by the Urban Council shall be submitted to the Governor and shall be subject to the approval of the Legislative Council.

(4) Such rules may provide that the contravention of any rule shall constitute an offence and prescribe penalties for any offence not exceeding a fine of one thousand dollars and imprison- Penalty. ment for six months. Such rules may in addition provide for the forfeiture to the Crown of any article in respect of which an offence has been committed.

1.

SCHEDULE.

GENERAL CONDITIONS.

The grant of this permit or the occupation of the site by the permittee shall not in any circumstances he deemed to cons- titute a tenancy by the permittee.

The permit must be kept exhibited inside the structure in a conspicuous position approved by the Urban Council.

3. The permit is not transferable save with the prior consent in writing of the Urban Council,

4. The permittee shall not without the permission in writing of the Urban Council aflow any persons other than those listed on this permit whose photographs are attached thereto to use or occupy any part of the site or premises erected thereon.