TNAG-0860-FCO40-1070-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 46

A134

Ord. No. 45/79

L.S.

RATING (AMENDMENT)

HONG KONG

No. 45 OF 1979

I assent.

MURRAY MACLEHOSE,

Governor.

5th July, 1979.

Short title.

Addition of new section 6A.

(Cap. 116.)

Amendment of section 27.

Amendment of section 28.

An Ordinance to amend the Rating Ordinance.

[6th July, 1979]

Enacted by the Governor of Hong Kong. with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Rating (Amendment) Ordinance 1979.

2. Part II of the principal Ordinance is amended by adding, after section 6, the following-

"Use of returned

requisition

as evidence.

[cf. 1967.

c. 9, s. 83(2).]

3.

6A. (1) A returned requisition shall in any proceedings before the Lands Tribunal or the Court of Appeal be admissible as evidence of the facts stated in the returned requisition; and any document purporting to be a returned requisition shall in any such proceedings, be presumed. unless the contrary is shown-

(a) to be such a returned requisition;

(b) to have been made by the persons by whom it

purports to have been made; and

(c) if it purports to have been made by a person as owner or occupier of a tenement, or in any other capacity specified in the returned requisition, to have been made by him as such owner, occupier, or in that other capacity, as the case may be.

(2) In subsection (1), "returned requisition" means a requisition served under section 5(a) on

section 5(a) on the owner or occupier of a tenement and returned by him to the Com- missioner containing or purporting to contain, all or any of the particulars required to be furnished by him to the Commissioner.".

Section 27 of the principal Ordinance is amended by deleting "that in which the tenement became subject to deletion" and substituting the following-

"that in which notice of that deletion could have first been served under section 26(1) had the Commissioner proposed so to do".

4. Section 28 of the principal Ordinance is amended-

(a) in subsection (1)

(i) by deleting "subsection (2)" and substituting the following-

"subsections (2) and (2A)"; and