12291-1909-Bills-read-a-first-time--Malicious-Damage-Amendment — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, AUGUST 13, 1909. 547

A BILL

ENTITLED

An Ordinance to amend the Malicious Damage

Ordinance, 1865.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Commeil thereof, as follows:-

1. This Ordinance may be cited as The Malicious Dam- Short title age Amendment Ordinance, 1909, and it shall be read and and con- construed as one with The Malicious Damage Ordinance, struction. 1865, hereinafter referred to as the Principal Ordinance.

PART I.

Lujicies to reilways and railway varriages.

2. For the purposes of this Part the expression Rail- Interpret- way includes Tramways

ation.

3. Every person who unlawfully and maliciously puts, Injuries to places, casts, or throws upon or across any railway any railwaysand

railway wood, stone, or other matter or thing, or who unlawfully carriages. and maliciously takes up, moves, or displaces any rail, (24 & 25 sleeper, or other matter or thing belonging to any railway, Vict. cap. or who unlawfully and maliciously turns, moves, or diverts 97, s. 35.) any points, signalling apparatus, or other machinery be- longing to any railway, or who unlawfully and maliciously makes or shows, hides or removes, any signal or light upon or near to any railway, or who unlawfully and maliciously does or canses to be done any other matter or thing, with intent, in any of the cases aforesaid, to obstruet, upset, overthrow, injure, or destroy any engine, tender, carriage, or truck using such railway, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to imprisonment with hard labour for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and, if a male under the age of sixteen years, with or without whipping,

4. Every person who by any unlawful act, or by any Obstructing wilful omission or negk et, obstructs or causes to be obstruct- engines or

carriages on ed any engine, carriage, ear, or truck using any railway, railways. or who aids or assists therein, shall be guilty of a mis- (24 and 25 demeanour, and being convicted thereof shall be liable, at Vict. cap. the discretion of the Court, to be imprisoned for any term 97, s. 36.) not exceeding two years, with or without hard labour.

PART II.

Injuries to trees upon Crown land and to

other Crown property.

Crown land

5. Whenever it is proved to the satisfaction of the Gov- Injuries to ernor that trees or growing plants upon Crown land have trees and been felled, cut, or otherwise damaged or destroyed, or that plants upon any wilful or wanton damage has been done in or upon and to other any Crown property or land in or in the neighbourhood of Crown any village in this Colony, and that there is sufficient rea- property. son to believe that such damage or destruction was com- mitted by the inhabitants of the said village or any of them; it shall be lawful for him by order under his hand to direct that a fine payable at the time and in the manner prescribed in the said order shall be levied upon all persons who are registered in the Land Office as owners of land in the said village and in such areas adjacent to the said village as the Governor may in the said order direct and such order shall continue in force until the Governor, by a further order un- der his hand, revokes or alters the original order, which the Governor shall do if he is satisfied that the injuries to trees or growing plants on account of which the original order was issued have ceased or that full compensation has been paid by way of fine for the damage done to Crown property or land, or that such injuries or damage were not committed by the inhabitants of such village.

6. Any such fine ordered by the Governor to be levied Mode of shall be a first charge upon the property of all persons who levying fine. are registered in the Land Office as owners of land which is within the area or areas specified in the said order and it. shall be recoverable in the same manner in all respects as Crown Rent is recoverable.