1963-HKRS29-8-30_Part03 — Page 17

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(2) On the conviction of any person under subsec- tion (1), a court, in addition to any other penalty which may be imposed, may by order authorize the forcible evic- tion from the land of any person and the demolition and removal from the land of any structure or thing found there- on and may order to be paid to the Crown such sum as may be reasonable claimed by the Crown as being the cost of enforcement of the order.

(3) Where it is shown to the satisfaction of a court that a contravention of the provisions of subsection (1) has been committed in respect of any land, the court may make an order under subsection (2) notwithstanding that no per- son has been convicted under subsection (1) in respect of the occupation of the land.

(4) The provisions of subsection (1) shall not apply 】ན་མ་

(a) any person who lawfully entered upon the land in accordance with a lease from the Crown or a licence or permit issued by a lawful authority so long as such person has continued in uninterrupted occupation of the land since the date of expiry or determination of the lease, licence or permit; or (b) the erection of such structure of wood or of bar- boo on the land as is necessary for the removal from the bouse of a dead body, for a period of forty-eight hours from the commencement of the creation of such structure or such greater period as may be specified in a permit in writing pre- viously issued by the Commissioner of Police.

(5) In this section-

"Crown lease" means a lease granted by the Crown and any

agreement for a lease by the Crown:

"lawful authority" means such person as may be designated by regulations made under section 36 to be the lawful authority in respect of any land and any public officer authorized under section 2A to exercise the powers of the lawful authority under this section and such regulations.

(6) A prosecution for an offence under subsection (1) shall not be instituted except by or with the consent of the Attorney General.”.

3.

Section 36 of the principal Ordinance is repealed and replaced Repeal and by the following——

replacement of section 36. "Regals- tions,

Conditions of issue of permit

36. The Governor in Council may by regulation provide for

(a) the designation of lawful authorities for the pur-

poses of sections 3 and 9;

(5) the issue by lawful authorities of licences and per- mits under sections 3 and 9 and the conditions to be prescribed in any such licence or permit and the determination of any licence or permit issued Lunder these sections;

(c) the fees which may be charged for the issue of any Licence or permit under this Ordinance and the issue of licences and permits without payment of fee:

(d) the control of noises and the delineation of areas

under section 12; and

(e) generally for the better carrying out of the pro-

visions of this Ordinance.

37. On the issue of a licence or permait under section. 3 or section 9, a lawful authority may make the licence or permit subject to any conditions-

(a) not inconsistent with the provisions of this Ordin- ance or of any regulations made under section 36; and

(b) not imposing any fee greater than the appropriate

fee prescribed by such regulations.”.

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 6th day of November, 1963, and is found by me to be a trie and correctly printed copy of the said BIII.

(Secretariat BL1/741/63)

Crustari.

Deputy Clerk of Councils.