12291-1909-Bills-read-a-first-time--Malicious-Damage-Amendment — Page 3

548 THE HONGKONG GOVERNMENT GAZETTE, AUGUST 13, 1909.

Saving of liability to other penal-

ties.

Repeal of The Trees Preservation Ordinance 1888.

7. Nothing in this Ordinance shall operate to prevent any person from being prosecuted under the Principal Ordinance or any other enactment under which before the commencement of this Ordinance he might have been prosecuted for injuring or cutting down trees or for the stealing or unlawful possession of wood or for doing any wanton and malicious damage of any nature whatsoever ou or upon any Crown property or land.

8. The Trees Preservation Ordinance 1888 is hereby repealed.

Memorandum.

Part I provides penalties in respect of malicious damage to Railways and Tramways.

The Principal Ordinance was based on the Imperial Act, 24 and 25 Vict., cap. 97, (the Malicious Injuries to Prop- erty Act, 1861) hut omitted these two sections, presum- ably because there were no railways in Hongkong in 1865

Part II.-The Trees Preservation Ordinance 1888 makes provision for the levy of a special mite assessed upou vill- ages by whose inhabitants there is sufficient reason to believe that trees have been destroyed. It has however proved unsatisfactory in practice for the following reasons:----

(a.) Villages in the New Territories are not assessed for rates and the special rate cannot accordingly be levied upon them until an assessment has

been made.

(b.) By Order of the Governor-iu-Council under the Rating Ordinance 1901 tenements below a rateable value of $20 are not rateable.

The special rate accordingly can be assessed only upon the few better class houses in a village, the majority of the inhabitants escaping the penalty.

The present measure provides that, when wilful damage is done to Crown property or land in the neighbourhood of a village, all persons who possess laud in or village shall be liable to a fine.

near the

HENRY S. BERKELEY,

Attorney General,

Short title

and con- struction.

Exemption from assess- ment.

A BILL

ENTITLED

An Ordinance to amend The Rating Ordinance

1901.

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

1. This Ordinance may be cited as The Rating Amend. ment Ordinance 1909 and it shall be read and construed as one with The Rating Ordinance 1901, hereinafter re- ferred to as the Principal Ordinance.

2. Section 39 of the Principal Ordinance is hereby amended by the addition of the following sub-section :-

"(3.) Any village or area in the Colony may by resolution of the Legislative Council be ex- empted from assessment for rates, and such resolution shall remain in force until it is altered or rescinded by a further resolution."

Memorandum.

This measure provides for the exemption from assess- ment for rates of villages and as eas in the New Territories and elsewhere in the Colony.

HENRY S. BERKELEY,

Attorney General.

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