1971-HKRS28-8-38_Part04 — Page 17

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tenant is absent or under disability, on his attorney or agent or the rent collector of the landlord or, if the landlord or tenant is a corporation, on the secretary or manager of the corporation.

(2) A magistrate may at the request of any person on whom a notice has been served in accordance with subsection (1), make an order terminating as from the date of the order the tenancy of the premises in which the school is being operated, and on the making of the order the tenancy sball cease and determine for all purposes and any tenant or occupier (other than the landlord) may be treated as a trespasser.

(3) An order under subsection (2) shall be recognized and given effect to in any proceeding in any court.

(4) An order under subsection (2) shall be sufficical authority to any police officer to enter at any time between the hours of 9 am and 5 p.m., by force if necessary, the premises in respect of which the order is made and to give possession of such premises to the landlord or his agent.

(5) The powers conferred by subsection (4) shall be in addition to and not in derogation of any power conferred by any other enactment.

(6) If, after a notice has been served in accordance with subsection (1) on any person-

(d) a school which is not registered or provisionally registered is operated in the premises in respect of which the notice was given: or

(b) a school is operated in the premises in respect of which the notice was given and such premises are not specified in the certificate of registration or provisional registration of the school.

the person on whom the notice has been served (and the landlord or the tenant of the premises, if the person on whom such service is made is an attorney, agent, rent collector, secretary or manager for and on behalf of the landlord or tenant) shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for two years, unless he proves to the satisfaction of the magistrate-

(a) that a request has been made to a magistrate for an

order under subsection (2); or

(b) that he did not know and had no reasonable means of knowing that a school was being so operated on the premises.

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(7) A person shall not be guilty of an offence under sub- section (6) unless a reasonable time has elapsed, following the service of the notice in accordance with subsection (1) on him, during which a request could have been made to a magistrate for an order under subsection (2).

(8) In this section-

"landlord" includes the holder of any lease or tenancy who has

sublet his holding or any part thereof; "tenancy" includes any sub-tenancy; "tenant" includes any sub-tenant.

90. (1) A magistrate may, if satisfied by information on oath that there is reasonable ground for suspecting that section 72 or subsection (6) of section 83 has been or is being contravened in respect of any premises or place, issue a search warrant authorizing any police officer named therein to enter at any time such premises or place and to search the premises or place and every person found therein and to remove therefrom any person who is or is reasonably suspected to be contravening section 72 or subsection (6) of section 83.

(2) A police officer may, if he reasonably suspects that section 72 or subsection (6) of section 83 has been or is being contravened in respect of any premises or place other than a dwellinghouse-

(2) enter such premises or place without a warrant, if

necessary by force;

(b) search such premises or place and every person found

tberein; and

(c) remove from such premises or place any person found therein who is or is reasonably suspected to be contra- vening section 72 or subsection (6) of section 83.

(3) Notwithstanding subsections (1) and (2), no person shall be searched under this section except by a person of the same sex.

91. (1) Where provision is made in this Ordinance for the Governor in Council or a public officer to serve a notice or to cause a notice to be served on a person, it shall be sufficient service if the notice is served-

(a) by causing it to be delivered personally to the person on

whom it is to be served;

(b) by causing it to be sent by registered post to the last known address of the person on whom it is to be served;

Powers of police officers

to enter premises

and remove suspected persons.

Service of notices.