1953-HKRS30-8-43_Part01 — Page 54

Powera in respect of

4.

squallery and unlawful structures on Crown land.

Competent authority

2

A competent authority may-

(a) evict from any unlawful structure upon Crown land

any squatter or other occupant thereof,

(b) remove from Crown land or from any portion thereof

any squatter or trespasser,

(c) take possession of, demolish and remove any unlawful

structure upon Crown land.

5. (1) A competent authority may by notice in writing may require require the lessee of land held on lease from the Crown or the leasee or permittee of land held on permit from the Crown- permittee

of land to

Temove

squatters and

unlawful structure,

(a) to evict from any unlawful structure upon such lund

any squatter or other occupant thereof,

(b) to remove from such land or from any portion thereof

any squatter or trespasser,

(e) to take possession of, demolish and remove any unlawful

structure upon such land.

(2) Any notice given by a competent authority under sub- regulation (1) may specify-

(a) the time within which the requirement is to be completed ;

and

(b) that any work to be done in pursuance of a requirement under paragraph (c) of sub-regulation (1) shall be at the expense of the lessee or permittee, as the case may be.

(3) Upon notice as aforesaid being given, the lessee or per- mitter, as the case may be, shall act in accordance with the termns thereof.

D'awer of

B.

competent

authority

in respect

of squatters

and

unlawful structures on land on lease and on permit,

(1) Wherever....

(a) a lessee or permittee cannot readily be found or for any other reason notice cannot be given as provided in sub- regulation (1) of regulation 5:

(b) a competent authority is satisfied that it is necessary or desirable that such notice should be dispensed with; or (c) a lessee or permittee does not comply with such notice,

a competent authority may, without giving such notice or any further notice, as the case may be, enter upon land held on lease or permit from the Crown and exercise thereon the powers pro- vided by paragraphs (a), (b) and (c) of sub-regulation (1) of regulation 5.

(2) Wherever a competent authority acting under sub- regulation (1) takes possession of, demolishes or removes any unlawful structure, the cost of such demolition or such removal may, in the discretion of a competent authority, be recovered from the lessee or the permittee, as the case may be.

authority

raoccupa-

7. (1) Wherever any power has been exercised under Power of regulations 4, 5 and 6 or under any requirement made thereunder competent a competent authority may give such directions and take such to prevent measures as he may consider destrable or necessary to prevent tion of land the re-occupation of any land or of any unlawful structure thereon by

squatters. by squatters and trespassers or the erection on such land of unlawful structures.

(2) Without prejudice to the generality of sub-regulation (1), a competent authority may require a lessee or permittee of land on lease or permit from the Crown to employ watchmen at his own expense for the purposes of that sub-regulation.

(3) Wherever a competent authority for the purposes of sub-regulation (1) employs watchmen on land on lease or permit from the Crown, the cost thereof may, in the discretion of a competent authority he recovered from the lessee or permittee as the case may be.

8. (1) A competent authority may recover by action in the Recovery of District Court any sum due under sub-regulation (2) of regulation

gums due

6 or sub-regulation (3) of regulation 7 and the District Court shall permittee. have jurisdiction notwithstanding that such sum exceeds five thousand dollars.

(2) If a lessee does not satisfy a judgment obtained under sub-regulation (1), a right of re-entry upon the land leased shall be deemed to have accrued to Her Majesty under section 2 of the Crown Rights (Re-Entry) Ordinance and the provisions of that (Cap. 126). Ordinance shall apply.

.

Where any requirement is made or notice or direction Publicity of

notices mod given under these regulations, it shall not, save where express directions. provision is made therefor, be necessary for such requirement, nolice or direction to be in writing and the competent authority may bring any requirement, notice or direction to the notice of all persons who in his opinion ought to have notice thereof in such manner as he thinks fit.

power and

10. (1) Where any power is conferred upon any officer or Exercise of person by these regulations or by any requirement, notice or penalties direction made or given thereunder, such power may be exercised for dis-