1961-HKRS28-8-28_Part01 — Page 3

Authenticated Laws 確真本香港法例 All

Amendmen

1

(b) in paragraph (c) by the insertion after the words "imposed on

them" of the following-

4.

of section 8.

(a)

Addition of

new

Ko-

tion $4.

Addition of

tion 13A.

"by law or by any direction of the Governor",

Section 8 of the principal Ordinance is amended-

by the insertion after the words "on the occasion of a fire" of the following-

4

*or other calamity":

(b) in paragraph (c) by the deletion of the words "any premises for the purpose of putting an end to the firs" and the substitu- tion therefor of the following

I

"or cause to be taken possession of or demolished any premises or thing for the purpose of putting an end to the fire or minimizing the effect of the 'calamity”; and

(c) in paragraph (d) by the insertion after the word "fire" of the

following-

5.

"or calamity".

The principal Ordinance is amended by the addition after section 8 of the following new section—

emergency

"Power to fix BA. (1) Upon giving seven days' notice in writing to fra bydrant

the owner of any property situated in the vicinity of a fire and

hydrant or emergency water supply, the Chief Officer may cause a plate indicating the location of such fire hydrant or water supply to be fixed to such part of the property as may, in the opinion of the Chief Officer, be best suited to indicate such location.

water supply Tocation plates.

6.

(2) Any person who refuses to allow the fixing of any such plate as is referred to in subsection (1) or obstructs any person in the course of the fixing thereof or removes or defaces any such plate after it has been so fixed shall be guilty of an offence and liable to a fine of one thousand dollars.".

The principal Ordinance is amended by the addition after section 13 of the following new section-

“Dismissal

of members

to control of

unexplained pecondary

resources.

13A. (1) Where the Governor is of opinion that a member appears to be-

(4) maintaining a standard of living; or

(b) in control of pecuniary recources,

above a standard which the Governor considers commen- surate with his official emoluments, the Governor may, after consultation with the Attorney General, direct that such member be notified in writing by the Chief Officer of the

ground on which the allegations against him are based, and be called upon to give an explanation in writing before a date to be specified.

(2) If, when called upon, the member fails to give any explanation, or fails to give an explanation which satisfies the Governor, the Governor may thereupon refer the matter to a Tribunal composed of a judicial officer as chairman, nominated as occasion requires by the Chief Justice, and two other officers in the public service appointed by the Governor.

(3) Upon such reference the Tribunal shall inquire into the matter referred.

(4) The member shall be notified by the Chief Officer of the day appointed for the hearing by the Tribunal and that he will be required to appear before it.

(5) At the inquiry the Government may be repre- sented by the Attorney General or by an officer is the public service cominated by him and the member may be represented by solicitor or counsel or by another officer in the public service.

(6) (e) The meruber shall be entitled to be present throughout the hearing and to cross-examine any witnesses called on behalf of the Government, and to give evidence himself and to call witnesses on his own behalf.

(8) No documentary evidence shall be adduced on behalf of the Government unless the member bas previously been supplied with a copy thereof or been given access thereto.

(c) Evidence shall not be taken on oath.

(7) If at the inquiry it is proved that the member is or has been-

(a) maintaining a standard of living above that which

is commensurate with; or

(b) in control of pecuniary resources in excess of,

his official emoluments, the onus of explaining how he is or has been able to maintain such a standard of living or how such pecuniary resources came under his control shall lie upon the member.

(8) The Tribunal, having inquired into the matter, shall make a report to the Governor; and if the Governor is of opinion that the report should be amplified in any

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.