TNAG-0861-FCO40-1071-Legislation-for-shipping-and-port-control-in-Hong-Kong-1979 — Page 42

A164

Ord. No. 56/79

Replacement of heading.

CROWN LAND (AMENDMENT)

(b) arranges or directs the erection of a structure

unleased land,

being a structure being erected otherwise than under a licence or a deed or 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) by deleting "subsection (3)" and substituting the following-

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

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 used only for agricultural pur- poses-

(i) is being used for any other purpose in breach of that covenant, condition or stipulation; and

(ii) the use for that other purpose is not author- ized by any permission granted, or does not appear in any survey or record made, by the Authority before the date on which the Crown Land (Amend- ment) Ordinance 1979 came into operation,

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 dis- continue 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-

(a) in a case to which subsection (1)(a) applies, demolish

the structure;

(b) in a case to which subsection (1)(b) applies, de- molish the structure or, if the Authority thinks fit,