CO129-306 - Governor Sir Blake - 1901 [8-9] — Page 205

anding whe

thought avoid the cons

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to

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cach particular case.]

(Ond. 24 of 188) s. 76

Reimburse- ment of ex- pouses lo the Board.

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by Cars]

I Note in aces

ORDINANCE No. 13 or 1901.

Public Health.

Herovery of expenses by the Board.

87. All reasonable expenses incurred by the Board in consequence of any default in complying with any order or notice issuel under the provisions of this Ordinance shall be deemed to be money paid for the use and at the reqnise- meur of the person on whom the said order or notice was neide, and shall be recoverable from the said person in the to the Board duly authorized/onlinry course of law at the suit of the secretary The

the Board

by

Thed. s. 7)

(New J

Ded. 34 of 18995, 13 (fristo hamyoph)

Recovery of expenses,

Contraven- tions.

Ĉ PVC: fecond paragraph

included in sec. 70%

34.48975.14.

that inform

in default on flack.

Penalty for contraven-

tion where no other penalty specially provided.

Fée below 5.5% subration 2

"And+3404 1885 1/3

Liability of secretary or manager of company.

6 of 1900 fation 3 Recovery of

penalties.

16mpor 3421858. 14

provisions of this section shall apply to any orders cr norices issued by the Board or by any duly appointed com- mittee of the Bourd, under any bye-laws in foren for the time being.

88. The provisions of the Crown Remedies Ordinace, 1875, and of any Ovlinance amending the same, shall apply -to the recovery of all such expenses, and the certificate re- quired by that Ordinance shall be signed by the secretary,

Contraventions and Penalties.

89. Every act, failure, neglect, or omission whereby any requirement or provision of this Ordinance(or of any be law, for the time being in forno thereunder) is contravened, and every refusal to comply with any of such requirements or provisions shall be deemed contravention-of this Osli-

then offence in Jom]

nauce

90. Any person who shall contravene any of the requireneurs of this Ordinance, or of any hye-law for the time being in force thereunder, in respect of which no peu- alty is specially provided, shall be liable to a penalty not exceeding fifty dollars, and in any case where, in the opi- Bion of the Magistrate, the contravention is likely to be continued, the Magistrate may require such person to comply with this Ordinance, or with any bye-law in foret thereunder, within such time as he may direct and way inflict a further penalty not exceeding five dollars for every day after such date, during which such person shall fail so to comply.

Where sucli contravention is committed by any company or corporation, the secretary or manager thereof, for the time being, may be summoned and shall be held liable for

such contravention.

91.-(1) Alt penalties imposed by this Ordinates or by any byelaws thereunder inay be recovered in a som mary manner before a Magistrate at the suit of the medi- cal officer of health, or of the secretary, or of such other officer as the Board may depute.

(2.) Such Magistrate may order that, in default of pay ment of any penalty imposed by him under this Ordinance, the person so in default shall be imprisoned with or without hard labour for a period not exceeding that provided by

and Connection

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and 116) of Ordinances 34 of 1899 Cams errheind. by afslereien of time)

ORDINANCE No. 13 or 1901.

Public Health,

the scale contained in section fifty-seven of the Magis- trates Ordinance, 1890.

203

92. Where proceedings under this Ordinance are com- Provvating Od. 24 Y APP) DAS petent against several persons in respect of the joint act or against default of such persons, it shall bo sathcient to proceed several against one or more of them without proceeding against persons, Nhe others.

Sperial powers of Magistrate, 93. It shall be lawful for a Magistrate in his absolute Closure of discretion to order the whole or any portion of any building, premises, or of any room containing a cubicle or purtition, to be forth- with closed by ot under the direction of the Captain Super- intendent of Police and to remain closed until the ulterations or removal required by scntious 56 and 70 of this Ordinance have or has been certified in writing by the Board to have been made and completed to the satisfaction of the said Board. Any person found living in any building or portion thereof so closed as aforesaid, shall be deemed to have nered in-contravention of this Ordinance and shall be punishable accordingly.

conwithal them

94. It shall be lawful for a Magistrate in any ease in Power to which it is proved to his satisfaction that any mezzanine order re- floor, cockloft, cubicle, partition or "ping fung" is not moval of in accordance with the provisions of this Ordinance to structures.

illegal order, either in ablition to or in substitution for any penalty specified in this Ordinance, the immediate demolition, removal, and destruction by any offeer of the Board of any such mezzanine #oor, cockloft, cubiclo, partition or "ping fung", or any portion thereof, and no compensation what- ever shall be payable to any person in respect of any damage done to such mezzanine floor, cockloft, cubiclé, partition or "ping ïùng” by such demolition, removal, amal destruction.

Certificates.

95. Certificates and written permissions of the Board Certificates, under this Ordinance or any bye-law may be given under &c,

the hand of the secretary or such other officer as the Board may appoint in that behalf. Such certificates and permits shall for all purposes be prímá fazie evidence of the mat-

ters therein stated.

Application of Ordinance,

. l. 34 of finge 5. // (9)

Itrid. 5. 12.

Ood. 13

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96. This Ordinace shall not apply to any part of the Application New Territories except to New Kowloon unless aut nutil of this Ordi. 18995. 3. the Governor shall, by order in council notified in the ance. Gazette, otherwise direct.

Applicatiy 97. The provisions of sections 55, 56, 70, 71, 80, 85, of certain ~56, 93 and 94 eball not apply to the Hill District.

sections,

fi 34 of 1855 $. ()

and And. 200 100%

And 10