1979-HKRS28-16-27_Part02 — Page 73

Replustata

of beadink.

Adenoot of section 11.

2

or

(5) a structure has been erected on unleased land.

otherwise than under a licence or

deed memorandum of appropriation, and the Authority is reasonably satisfied that the structure is not being habitually and bona fide used,

any public officer, or other person, acting on the direction of the Authority may, with the assistance of such other public officers or other persons as may be necessary, and without elving any notice

() remove from the structure any person or property

therefor

(ii) demolish the structure; and

(i) take possession of such property and of any properly resulting from the demolition of the structure.",

(c) in subsection (3) by inserting after: "subsection (2)(b)" the

following-

"or subsection (ZA)il))";

J

(0) by adding after subsection (4) the following subsection--

"(4A) Any person who

(a) is engaged in any way in the erection of a structure

on unleased land; or

(5) arranges or directs the erection of a structure of

unleased land,

being a structure being erected otherwise than under a leanc“ or a deed or memorandum of appropriation, shall be gality of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months.*; and

(e) in subsection (5)—

✪ by inserting after “(4)" the following-

"or (44)"; and

(0) by deleting “subsection (3)" and substiluling the following-

Taubsection (2A) or (3)".

The heading to Part IV of the principal Ordinance is deleted and is replaced by the following-

"SUMMARY REMEDY FOR BREACHES of Crown Leases and Licences".

Section 12 of the principal Ordinance is amended-

(2) by deletion subsection (1) and substituting the following

-

() * structure is being or has been erected or placed on leased land, or on land occupied under a licence, or on any building on such land, in breach of a Crown lease or licence; or

(6) a structure on leased land or land occupied under a licence, being a structure which by virtue of a covenant, condition or stipulation in a Crown lease or licence can be used only for agricultural pur- poses-

(D) is being used for any other purpose in breach of that covenant, condition or stipulation, and

(ii) the use for that other purpose is not author- ized by any permission granted, or does not appear in any survey or record made, by the Authority before the date on which the Crown Land (Amend- menl) Ordinance 1979 came into operation. the Authority may, by notice in writing served on the lesser or licensee, require him-

() in a case to which paragraph (4) applica, to demolish

the structure;

(ii) in a case to which paragraph (b) applies, to dis- continue such use and, if the Authority thinks it appropriate, to restore the structure sa that it may be used for agricultural purposes,

before such date as may be specified in the notice."

(b) in subsection (2) by deleting "and demolish the structure." and

substituting the following-

"and-

(2) in a case to which subsection (1)(a) applies, demolish

the structure:

(b) in a case to which subsection (1)5) applies, de- molish the structure or, if the Authority thinks fit, carry out such works as may be necessary to restore the structure so that it may be used for agricultural purposes."; and

(c) by adding after subsection (7) the following subsection-

(Cup. 126)

"(8) The powers conferred by this section are in addition to and not in derogation from the powers conferred on the Crown by the Crown Rights (Re-entry and Vesting Remedies) Ordinance.".

6 Section 13 of the principal Ordinance is repealed and replaced by Repeal And the following-

**Power of entry and inspection.

13. For the purpose of-

(<) ascertaining whether there has been a breach of a Crown lease or licence for the purposes of sec- tion 12(1); or

(b) carrying out any work or interviewing any person prior to the clearance of any land or the demolition of any structure on leased land or land pocupied under a licence in accordance with the powers conferred by this Ordinance,

any public officer authorized in writing by the Authority may, on production of his authority, enter and inspect the land and any structure therson at any reasonable time and may also carry out-

(i) any interview or investigation;

(ii) any screening, or affixing of numbers on structures, for the purpose of establishing eligibility of persons for public housing; and

(iii) any computation of compensation and allowances for any industrial, commercial or agricultural under- taking."".

of resuan 13.