1964-HKRS28-8-31_Part01 — Page 20

Short Litle und com- mencement.

Interpretu- tion.

126 of 1938).

Schedule.

(27 of 1936).

Conccllation

of licences,

(26 of 1958). Schedule.

AND WHEREAS it is in the public interest that works in connexion with the said reclamation be commenced not later than the 1st day of May, 1964:

AND WHEREAS it appears necessary in the public interest that no areas for the cultivation of pearl oysters should continue to be sited in the vicinity of the said reclamation:

NOW, THEREFORE, BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows-

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1. This Ordinance may be cited as 'the Pearl Oyster Cultivation (Tolo) Compensation Ordinance, 1964, and shall be deemed to have had effect as from the 15th day of March, 1964.

2. In this Ordinance, unless the context otherwise requires- "Commissioner" means the Commissioner for Co-operative Development

and Fisheries:

"cultivation area" means any area declared under section 5 of the Pearl Culture (Control) Ordinance. 1958, to be an area within which live pearl oysters may be kept for the culture of pearls therein, other than the area so declared by Gazette Notification 772 of 1959;

"licensee" means a person whose name appears in the first column of the

Schedule:

"oyster" means an oyster of the species of the genus Pleria or of the

genus Pinctada;

"pearl culture farm" means the oysters, rafts and other equipment used by a licensee for the cultivation of oysters in the area specified in a licence terminated by this Ordinance, and buildings so used in or near such area;

"tribunal" means a tribunal appointed under section 7 of the Public Reclamations and Works Ordinance, 1956, to determine claims for compensation for the purposes of this Ordinance.

3. (1) Licences granted under the Pear) Culture (Control) Ordin- ance, 1958, and set out in the Schedule, including any such licences which may be renewed after the commencoment of this Ordinance, în the areas known as Tolo Harbour and Tolo Channel, shall terminate

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on the date set out in the second column of the Schedule opposite the name of the licensee set out in the first column thereof.

(2) The Governor in Council may by order add names of persons holding licences in the area specified in subsection (1) in the first column of the Schedule and the date for the termination of the licence in the second column thereof.

(3) For the avoidance of doubt a licence terminated by this Ordin- aoce shall be treated as having been cancelled and shall from the date of termination cease to be valid.

4. All rights acquired by the licensees, before or after the com- Extinguish- mencement of this Ordinance, under or in connexion with licences ment of

rights. terminated by this Ordinanec shall be extinguished and cease to exist on the date of the termination thereof.

5. (1) The licensee of every licence terminated by this Ordinance Right to new shall subject to subsection (3) be entitled to a licence to be granted under licences. the Pearl Culture (Control) Ordinance. 1958, to cultivate oysters in (26 al 1959), another cultivation area specified by the Commissioner in such new licence.

(2) Notwithstanding the provisions of section 6 of the Pearl Culture (Control) Ordinance, 1958, a licence to which a person becomes entitled under subsection (1) may be granted without payment of any fee, and for such period as remained unexpired under the licence terminated by this Ordinance.

(3) An offer of a licence to a licensee entitled to such licence under subsection (1) shall be made before the termination of the licence by this Ordinance. The licensee shall bave one week from the date of such offer within which period he may notify the Commissioner of his accept- ance, and the right to a new licence shall cease and determine if the Commissioner is not so notified.

(4) Where a new licence is issued to a licensee, he shall remove all his oysters, rafts and equipment to the cultivation area specified in such licence within four weeks of the date thereof or such longer period as the Commissioner may permit by notice in writing,

6. (1) Where a licensee does not accept the offer made under Retention

and sals of subsection (3) of section 5, he may, notwithstanding the provisions of

pearl culture section 8 of the Pearl Culture (Control) Ordinance, 1958, retain his farm. pearl culture farm in the area specified in the licence terminated by this Q6 of 1958). Ordinance for a period of three weeks from the expiry of such offer.