CO129-602-5 Limits of territorial waters 27-10-1949 - 9-12-1949 — Page 43

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

10

No. 31 of 1911.

INTERPRETATION.

47

INTERPRETATION.

No. 31 of 1911.

ΙΤ

Effect of

notices in Gazette,

+ Ordinance No. 2 of

1889.

Application of fees, fines and forfeitures.

37. Where any notice, order or other document is required by any enactment to be published in the Gazette, or where any document referred to in section 26 (3) of the Evidence Ordin- ance, 1889, appears in the Gazette, a copy of the Gazette in which it is so published or appears shall be primâ facie evidence of the facts stated in such notice, order or document.

38.—(1) Where under any enactment any person is required to pay any charge or fee for any act or thing done, or document issued, or signature or seal affixed to any document, by any public officer or department, or where any person is adjudged by any court, or other authority duly authorized by law, to pay or forfeit any sum of money, such charge or fee and such sum of money shall be paid into the Treasury, unless the contrary is otherwise provided; and if any such charge or fee, or if any commission on money received or taken possession of, realized or otherwise dealt with, is required to be paid to any public officer or department, such officer or department receiving the same shall pay it into or account for the same in due course to the Treasury.

(2) Where under any enactment any thing or any animal is adjudged by any court, or other authority duly authorized by law, to be forfeited, it shall, unless the contrary is otherwise provided or unless it is expressed by law to be forfeited to any person, be forfeited to the Crown, and the net proceeds thereof, if it is ordered by competent authority to be sold, shall be paid into the Treasury, unless the contrary is otherwise provided.

(3) Nothing in this section shall affect any provision in any existing or future enactment whereby any shares of fines or forfeitures, or of proceeds of forfeitures, are expressed to be recoverable by any person or may be granted by any authority to any person or officer.

(4) The Governor may in any special case, not provided for by Ordinance, award a share, not exceeding three-fourths, of any fine or forfeiture adjudged by any court, or of any proceeds of any forfeiture, as a reward, bounty or gratuity, to any member of the police force for meritorious conduct, zeal displayed or injury sustained in the execution of his duty, or to such private persons or informers as may be deserving of reward for assisting in the detection of crime or the apprehension of offenders.

† As amended by No. 1 of 1927 [1.4.27].

PART IV.

Definitions.

39. In all enactments the following words shall have the Definitions. meanings hereby assigned to them, unless otherwise provided or unless the context otherwise requires.

A-Official definitions.

"J

(1) "Governor means the Governor of Hong Kong and Governor. includes the officer for the time being administering the Govern- ment of Hong Kong and also includes the Governor's Deputy exercising any power which he is duly appointed to exercise under the Royal Letters Patent constituting the office of Governor and Commander-in-Chief of the Colony of Hong Kong and its Dependencies;

and where the Governor of Hong Kong is not intended-

"Governor means, as respects Australia, Canada, India 5253 ct. and the Union of South Africa, the Governor General and c. 65

s. 18 (6), includes any person who for the time being has the power of the Governor General;

and as respects any other British possession or territory under the protection of His Majesty, means the Governor or Adminis- trator of that possession and includes the officer for the time being administering the Government of that possession or territory.

J

(2) "Governor in Council Or "Governor in Executive Governor in Council " or "Governor with the advice of the Executive Conncil. Council means the Governor acting with the advice of the Executive Council, but necessarily in such Council assembled.

not

(3)

"Officer administering the Government means the Officer officer who succeeds to or is appointed to the administration of administer.

ing the the Government of the Colony.

Government.

(4) "Secretary of State means His Majesty's Principal Secretary Secretary of State for the Colonies unless another Secretary of of state. State is indicated.

* As amended by No. 1 of 1927 [1.4.27], No. 23 of 1930 [5.12.30], No. 41 of 1935 [4.10.35], No. 26 of 1937 [24.12.37] and Law Rev. Ord., 1939.

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