1977-HKRS28-16-25_Part01 — Page 53

10

31

Рапас Jadusca)

suntem to be

pubilke placC#.

(Cup, 228)

(Cap. 245.)

By-Law

Further power

Ja relatoo to by-lawa.

Seizure and fortcture of hawker's

equipment and Konnoodide. (Cap. 131)

Corporate

mai nha t

la la Damc.

such information to any other person, otherwise than in the performance or exercise of his functions or powers, or in the course of his employmeat, or without other lawful excuse.

(2) Any person who contravenes this section commits an offence and is liable to a fine of $10,000 and to imprisonment for 2 years.

38. All common parts of an industrial estate shall be deemed to be public places for the purposes of

(a) the Summary Offences Ordinance; and

(6) the Public Order Ordinance.

36. (1) The Corporation may, under its common seal, make by-laws nou inconsistent with this Ordinance for all or any of the following purposes~

(a) the management and control of industrial estates;

(b) the selection of Industrial undertakings for which leases may be

granted:

(c) the manner in which applications for leases of premises in

industrial estales may be made;

(d) the sanitation and cleansing of industrial estates;

(e) the maintenance and lighting of common parts;

(f) the maintenance of public order and the prevention of nuisances

in industrial estatea;

(g) prohibiting hawkers from carrying on business within industrial estates and providing for the removal of hawkers and their equipment and commodities from industrial estates;

(4) the eviction of trespasses From Industrial estates:

( the display of advertisement within industrial estates;

( the convening of meetings of the Board and the procedure at

such meeting

(4) the provision of a common seal and the custody and use thereof; (0 the better carrying out of the functions and duties of the

Corporation.

(2) All by-laws made under subsection (1) shall be subject to the approval of the Legislative Council.

(3) The Corporation shall cause printed copies of all by-laws made under subsection (1) to be kept at its principal office and to be available for sale to any person at a reasonable cost.

37. Any by-laws made under section 35 may provide that a con travention of specified provisions thereof shall be an offence and may prescribo penalties therefor not exceeding a fine of $5,000 and imprison- ment for 6 months.

38. Any by-laws made under section 36 which provide that hawking within an industrial estate is an offence may also provide that all ci any of the provisions of sections 86, 86A, 86C and 86D of the Public Health and Urban Services Ordinance shall apply as if such offence were a hawker offence within the meaning of section 83 of that Ordinance.

39. Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Attorney General in relation to the prosecution of criminal offences, prosecutions for an offence under this Ordinance may be brought in the name of the Corporation.

PART VII

REPEAL AND TRANSITIONAL

40. The Hong Kong Industrial Estates Provisional Authority Ordin- Reped. auce 1976 is repealed.

لينا نا نادال

417 04 19763

41. (1) All property of whatever kind and whether movable or Trooster på immovable vested in or belonging to the Provisional Authority immediately sets and before the commencement date of this Ordinance is as from such date transferred to and vested in the same interest in the Corporation without any further assurance and the Corporation shall have all powers necessary to take possession of, recover and obtain the benefit of such property.

(2) All obligations and liabilities of the Provisional Authority Immediately before the commencement date of this Ordinance are as from such date the obligations and liabilities of the Corporation and the Corporation shall have all necessary powers to discharge the same. (3) No stamp duty shall be payable in respect of any transfer of property under this section.

Fran peevblong.

42. (1) Without limiting the generality of section 41. every agree Ober ment, whether in writing or not, to which the Provisional Authority was a party immediately before the commencement date of this Ordinance and whether or not of such a nature that the rights and liabilities there- under could be assigned shall have effect as from such date as if

(a) the Corporation had been party to such agreement; and (8) for any reference, however worded and whether express or implied, to the Provisional Authority there were substituted in respect of anything to be done of omitted on or after the commencement dale of this Ordinance a reference to the Cor- poration.

(2) Subsection (1)(b) shall also apply to any document, not being an agreement, having therein references to the Provisional Authority.

(3) The appointment of any employee of the Provisional Authority subsisting immediately before the commencement date of this Ordinance shall be deemed to be made by the Corporation under this Ordinance and for the purpose of determining the right to pension, gratuity or other benefits of such employee on the cessation of his service, there shall be no break in the continuity thereof by reason only of the repeal effected by section 40.

(4) Where anything has been commenced by or under the authority of the Provisional Authority before the commencement date of this Ordinance such thing may be carried on any completed by, or under the authority of, the Corporation.

4 The Schedule to the Prevention of Bribery Ordinance is amended. in item 38, by deleting "Provisional Authority" and substituting the following-

""Corporation".

Passed by the Hong Kong Legislative Council, February, 1977,

16th day of

Clerk to the

sisldfima Council.

Amendment of Prevention of Bribery Ordinance. (016, 2013