1958-HKRS29-8-25_Part01 — Page 53

Property

in unlawful structure

(5) If no proof has been furnished to the competent authority within forty-eight hours from the service of the notice or if the competent authority is not satisfied from the examination of such proof as has been furnished to him that the building is not an unlawful structure the building shall thereupon be deemed to be. an unlawful structure and, notwithstanding the provisions of sections 11 and 12, the competent authority may thereupon enter upon the land and in respect of the building exercise thereon the powers provided by paragraphs (a), (b) and (c) of subsection (1)

of section 11.

14. (1) Wherever any unlawful structure has been taken possession of, demolished or removed in accordance with the on removal. provisions of section 9, 11, 13 or 13, such structure and the materials of which it was comprised shall be deemed to be the property of the Crown free from the rights of any person.

Powers of entry.

Protection

persons

of

acting

under

sections

9, 11, 12,

13 and 15.

(2) Notwithstanding the provisions of subsection (1), it shall be lawful for the Governor to entertain and to give effect to any moral claim to or in respect of such structure or such materials.

15. (1) For the purpose of ascertaining whether any un- lawful structure is erected or is being erected on any land held on lease or permit from the Crown, the competent authority or an authorized officer may enter on such land at all reasonable times and inspect such land for such purpose and may require the owner or occupier of such land to permit him to enter on any part of such land for such purpose.

(2) Any person who refuses to permit the competent authority or an authorized officer on proof of his identity, to enter on any land or obstructs the competent authority or an authorized officer in the exercise of his duties under this section shall be guilty of an offence and, on summary conviction, shall be liable to a fine of five hundred dollars.

16. No liability shall attach to any person lawfully exer- cising any power under section 9, 11, 12, 13 or 15 or under any requirement made thereunder for or in respect of any loss of or damage to any goods or chattels of any trespasser or squatter upon Crown land or upon land held on lease or permit from the Crown or of any other occupant of an unlawful structure.

occupation

17. (1) Wherever any power has been exercised under Power of competent section 9, 11, 12 or 13, or under any requirement made thereunder nuthority to a competent authority may give such directions and take such prevent re- measures as he may consider desirable or necessary to prevent of land by the re-occupation of any land or of any unlawful structure thereon squatters. by squatters and trespassers or the erection on such land of any unlawful structure.

(2) Without prejudice to the generality of subsection (1), a competent authority may station watchmen on any such land for such purpose and the owner or other person entitled to the bene- ficial occupation of such land shall permit such watchmen to remain on the land and shall not obstruct them in the execution of their duties.

(3) Any person who contravenes the provisions of sub- section (2) or who obstructs a watchman so stationed in the execution of his duties shall be guilty of an offence and, on sum- mary conviction, shall be liable to a fine of five hundred dollars.

18. (1) A competent authority may recover by civil proceed. Recovery

of sums ings any sum due under subsection (2) of section 12.

due by Теннее от

(2) If a lessee does not satisfy a judgment obtained under permities. subsection (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.

PART IIL

Screening of persons for resettlement.

18. (1) The Governor may appoint any person by name, or Appoint office, to be a competent authority for the purpose of this Part of ment of

competent this Ordinance.

Authority,

(2) Such appointment may be made in respect of the whole or any part of the Colony, but shall be deemed to extend to the whole of the Colony unless otherwise expressed.

20. (1) Any person who desires to be accommodated in a questioning cottage resettlement area or in a resettlement estate or who

of persons In need of resides in an unlawful structure may be required by a competent resettle. authority, or by an authorized officer to answer any questions

ment.