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Firat Schedule.
Forests etc.
to be under
control of
Super-
intendent of
Botanical
and Forestry
Department.
Power to
(e) for any such other matters as may appear to the Governor in Council advisable for the protection of forests and plants.
(2) The regulations in the First Schedule shall be in force except as they may be altered or amended by regulations made under this Ordinance.
(3) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and if a resolution is passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded, or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.
tree
4. Every forest, plantation, prohibited area, nursery, fire-barrier and forestry path, shall be under the control of the Superintendent of the Botanical and Forestry Department.
Protection of Trees on Crown Land.
5. If at any time it shall be shown to the satisfaction order inquiry of the Governor that trees or growing plants on Crown land have been felled, cut, burned, or otherwise damaged or destroyed, or that any wilful or wanton damage has been done on Crown land, and that there is reason to believe that such damage or destruction was committed by any of the inhabitants of any village or area, it shall be lawful for the Governor to order that a court of inquiry shall be held at or near the said village or in or near the said area.
Composition of court of inquiry.
Proceedings
of court
of inquiry.
Powers of
court of
inquiry. Ordinance No. 13 of 1886.
Report to
be made to Governor.
6. In the case of villages or areas in the New Territories, the court of inquiry shall consist of the District Officer and the Superintendent of the Botanical and Forestry Depart- ment, and in all other cases it shall consist of the Secretary for Chinese Affairs or any Assistant to the Secretary for Chinese Affairs and the Superintendent of the Botanical and Forestry Department.
7. The said court shall hold the inquiry in public and shall afford to all persons who may be adversely affected full opportunity of being heard in their defence.
8. For the purposes of any such inquiry, the said court shall have all the powers and privileges which under the Commissioners Powers Ordinance, 1886, are or may be conferred on commissioners appointed thereunder.
9. On the completion of the inquiry, the court shall report to the Governor as to whether in their opinion the damage or destruction was caused by the inhabitants of any village or area.
Council to
10. It shall be lawful for the Governor in Council, upon Power of consideration of such report, to order that a fine shall be Governor in imposed on the said village or on such area as he shall impose fine. prescribe.
and method
11-(1) Every such fine shall be apportioned by the Incidence Treasurer among all the owners of land in the said villages of levying
or area prescribed, in the manner specified in sub-section (2), fine. according to the amount of Crown rent or village rent payable by such owners respectively.
(2) In the New Territories the Treasurer shall apportion the fine among all the persons whose names appear on the Crown rent roll for the said village or area, and elsewhere in the Colony among all the persons whose names appear either on the Crown rent roll or on the village rent roll for the said village or area.
(3) The amounts so apportioned shall in each case be
a first charge on the land in respect of which the Crown rent or village rent upon which the apportionment was based is payable.
(4) The amounts so apportioned shall be recoverable from the respective owners whose names appear on the Crown rent roll or village rent roll respectively in the same manner in all respects as Crown rent is recoverable.
(5) It shall be lawful for the Governor in Council in his discretion to remit the payment of any amount so apportioned in the case of any owner of land in the said village or area who was not resident in the said village or area at the time when the damage or destruction occurred, or who was not a party to such damage or destruction.
Prohibited Areas-Afforestation.
Governor in
12. (I) It shall be lawful for the Governor in Council Power of to declare any area to be a prohibited area if he considers it Council to desirable to do so with a view to the protection of afforestation declare
prohibited operations.
(2) Every Order in Council made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such Order in Council, and if a resolution be passed at the first meeting of the Legislative Council held after such Order in Council has been laid on the table of the said Council resolving that such Order in Council shall be rescinded, or amended in any manner whatsoever, the said Order in Council shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.
areas.
13. Every prohibited area shall have its boundaries Boundaries marked or indicated by means of fire-barriers or otherwise.
to be
defined.
14. Notices both in English and Chinese stating that the Notices to
be placed area in question is a prohibited area shall be placed along along the the boundaries at intervals not greater than four hundred and boundaries, forty yards.
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