TNAG-0810-FCO40-1015-Legislation-for-Crown-lands-in-Hong-Kong-1979 — Page 8

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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(c) in subsection (3) by inserting after "subsection

(2)(b)" the following

#or subsection (2A)(iii)";

(a) 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

(b) arranges or directs the erection

of a structure on unleased land,

being a structure being erected otherwise

than under a licence or a deed o'r memorandum

of appropriation, shall be guilty 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) -

(i) by inserting after "(4)" the following --

"or (4A)"; and

(ii)

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E

by deleting "subsection (3)" and

substituting the following

"subsection (2A) or (3)".

Replacement of heading.

4. The heading to Part IV of the principal

Ordinance is deleted and is replaced by the following

Amendment of section 12.

5.

"SUMMARY REMEDY FOR BREACHES OF CROWN

LEASES AND LICENCES"

Section 12 of the principal Ordinance is amended

(a) by deleting subsection (1) and substituting

the following

"(1) If

(a)

a 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

(b) 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

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used only for agricultural

purposes, is being used for any

other purpose in breach of that

covenant, condition or stipulation,

the Authority may, by notice in writing

served on the lessee or licensee, require

him

(i) in a case to which paragraph (a)

applies, to demolish the structure;

(ii) in a case to which paragraph

(b) applies, to discontinue such

use and, if the Authority thinks

it appropriate, to restore the

structure so 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

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(a) in a case to which subsection

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