1974-HKRS28-16-22_Part03 — Page 52

Presump tions and evidence in writing.

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recovered from the person convicted of the offence in the same mander as if it were a fine imposed by a magistrate under the Magistrates Ordinance.

34. (1) In any civil or criminal proceedings it shall be pre- sumed, until the contrary is proved, that-

(a) in the case of any alteration or repairs to a fire service or inside service (other than a communal service), the consumer has caused or permitted the alteration or repairs;

(b)

in the case of any alteration or repairs to a communal service, the agent has caused or permitted the alteration or repairs.

(2) In any civil or criminal proceedings a document, purport- ing to be signed by the Water Authority, or other person authorized by him, stating-

(a) the name of a consumer of a fire service or inside service,

or the name of un agent of a communal service;

(b) the location of the fire service, inside service or com-

munal service;

(c) in the case of proceedings for the recovery of an unpaid

charge,

(i) the name of the person liable to pay the charge: (ii) the amount of the charge:

(iii) the nature and other particulars of the charge: and

(iv) that the charge remains wopaid;

(d) in the case of proceedings in respect of alterations of repairs to a fire service, inside service or communal service, the nature and other particulars of the alterations or repairs,

shall be admitted in evidence without further proof.

(3) When a document is admitted in evidence under sub- section (2)

(a) until the contrary is proved, it shall be presumed that

the document is so signed;

(b) the document shall be prima facie evidence of the facts

stated therein.

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35. (1) Any person who is guilty of an offence under this Penalties. Ordinance shall, unless a penalty is otherwise expressly provided,

be liable on summary conviction to a fine of $5,000.

(2) Any person convicted of an offence under section 29 or section 30(1) or (2) shall, if the offence is a continuing one, be liable to a further fine of $200 for every day or part of a day during which the offence continues.

36. (1) Any public officer, authorized in writing in that Power of behalf by the Water Authority, may arrest any person whom he arrest. reasonably suspects of having committed an offence under section 29(1)X(e), 30, 31 or 32.

(2) Where a public officer arrests a person under subsection (1) he shall forthwith take that person to the nearest police station and hand him over to the custody of a police officer, and thereupon section 52 of the Police Force Ordinance shall apply.

(Cap. 232.)

37. (1) The Governor in Council may make regulations for Regula-

tions.

(a) the quality and type of a supply;

all or any of the following matters-

(b) the construction, installation, maintenance, cleanliness. alteration, repair or removal of a fire service or inside service;

(c) the connexion or reconnexion of a fire service or inside service to the main and the conditions subject to which such connexion or reconnexion may be made;

(d) the method of measuring or assessing consumption: (e) the provision, number, size, installation, maintenance, repair, removal and custody of meters in premises;

(f) the use of a supply for any particular purpose: (g) the prevention of waste or misuse of a supply: (b) the control of consumption from public standpipes;

(0 the restriction or suspension of a supply or the dis-

connexion of a fire service or inside service;

the charges payable under this Ordinance; (k) the deposits to be paid by consumers;

(!) the surcharge which may be levied on an unpaid charge: (m) the licensing of plumbers for the purposes of this Ordin-

ance and control of licensed plumbers;