1969-HKRS28-8-36_Part02 — Page 39

(cap. 19.)

Ordinance.

Small Tenements Recovery Ordinance.

Amendment.

(4) Section 7 is amended in subsection (2) (a) by deleting "if he thinks fit" and sub-

stituting the following-

"if it thinks Gr":

(6) by deleting "if in his opinion" and sub-

stituting-

"If in its opinion“.

(5) Sections 8 and 12 are amended- (4) by deleting "Magistrates Ordinance" wherever it occurs and substituting in each case the following-

“District Court (Civil Jurisdiction and Procedure) Ordinance";

(b) by deleting the marginal note "(Cap 127)" wherever il secure and qubatiluling in each case the following

"(Cap. 336.)".

(6) Section B is amended by deleting "magis. trate's decision" and substituring-

"decision of the District Court",

(7) Section 11 is repealed.

(1) Section 3 is amended by deleting “il shall be lawful for a magistrate, on a complaint being made to him, to issue a summons requiring the person against whom such complaint has been made to appear at a certain time and place before such magistrate to answer such complaint and to show cause why he should not quit and deliver up possession of the said promises” andď jsub- stituting the following-

"the District Court may, where an action has been commenced for the recovery of posses- sion of the premises, on application being made by the owner of such premises or his agent, issue a summons requiring the person alleged to be in possession of the premises to appear at a certain time and place before the District Court to show cause why he should not quit and deliver up possession of the premises".

(2) Sections 5, 7, 8 and 9 are amended by deleting the magistrate” wherever it occurs and substituting in each case the following-

"the District Court".

(3) Section 5 is amended by deleting "his warrant*" and substituting the following-

"its warran”.

(4) Section 11 is repealed.

(5) The Schedule is deleted.

Ordinance.

AmendniexT,

Section 30 is amended by deleting "sum- marily" and substituting the following

Life Insurance Companies Ordinance.

(Cap. 36.)

"in the District Court".

Pilots Ordinance.

Section 20 is amended in subsection (2) by deleting "before a magistrate summarily" and sub- stituting the following-

(CO. NJ

Railways Ordinance.

(C)». 99)

Public Lighting Ordinance.

Tramway Ordinance.

"in the District Court".

Section 60 is repealed and replaced by the following-

**Recovery of lace, Cachey chur, danseze mod experts.

60. The payment of any fare for which any passenger not producing or delivering up his ticket is liable, or of any sum of money, damages or expenses for which any person shati be liable under this Ordinance, may be recovered and shall be enforceable in the District Court in like manner as the payment of a civil debt.",

Section 6 is amended by deleting "it shall be the duty of a magistrale, on complaint thereof made, to order and compel" and substituting the fallowing-

"the District Court shall, where proceedings are commenced in respect of such damage or injury, order".

Sections 63 and 64 are repealed and replaced by the following-

**Recovery

never

(C8p. 327,)

Fat

c

to be mod

for writhin

mu,

63. (1) Every fare or charge imposed by this Ordinance or any rule or by-law made thereunder, the recovery of which is not otherwise provided for, may be recovered in the District Court as a civil debt.

(2) Every fine imposed by this Ordinance or any rule or by-law made hereunder, the recovery of which is not otherwise provided for, may be recovered before a magistrale, and the provisions of the Magistrates Ordinance shall apply to every pro- ceeding before, and every order by, a magistrate under this subsection.

64. No person shall be liable to the payment of any fare, charge or fine imposed by virtue of this Ordin- ance or spy rule or by-law made thereunder unless proceedings for the recovery of the same shall have been commenced within six months.".

(Cap. 103.)

(C85. 107.3