15044-1910-Ordinances-passed-and-assented-to--Pharmacy-Amendment-No-9 — Page 6

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THE HONGKONG GOVERNMENT GAZETTE, JUNE 4, 1910.

Interpret- ation.

Injuries to

PART 1.

Injuries to railways and railway carriages.

2. For the purposes of this l'art the expression “Rail- way" includes Tramway.

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

railway carriages. (24 & 25 Vict. cap. 97, s. 35.)

Obstructing

engines or

wood, stone, or other matter or thing, or who unlawfully and maliciously takes up, moves, or displaces any rail, sleeper, or other matter or thing belonging to any railway, or who unlawfully and maliciously turns, moves, or diverts 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 causes to be done any other matter or thing, with intent, in any of the cases aforesaid, to obstruct, upset, overthrow, injure, or destroy any engine, teader, 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 wilful omission or neglect, obstructs or causes to be obstruct- carriages on ed any engine, carriage, ear, or truck using any railway, or who aids or assists therein, shall be guilty of a mis- demeanour, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour.

railways, (24 & 25 Vict. cap. 97, s. 36.)

:

Injuries to trees and

plants upon Crown land

and to other Crown prop

erty.

PART II.

Injuries to trees upon Crown land and to other Crown property.

5. Whenever it is proved to the satisfaction of the Governor-in-Council that trees or growing plants upon Crown land have been felled, ent, burned or otherwise damaged or destroyed, or that any wilful or wanton damage has been done in or upon any Crown property or land in or in the neighbourhood of any village in this Colony, and that there is sullicient reason to believe that such damage or destruction was committed by the inhabitants of the said village or any of them, it shall be lawful for the said Governor-in-Conncil to order that a fiue 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-in- Council may in the said order direct and who reside in the said village or within the said area: and such order shall continue in force until the Governor-in-Council by a further order revokes or alters the original order, which the Governor-in-Council shall do if satisfied that the injuries to trees or growing plants on account of which the original order was issued have ceased or that full com- pensation 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.

Provided always that before the matter is submitted to the Governor-in-Council for decision a report shall be made in the case of Crown Lands situated in the New Territories by the District Officer and an Assistant District Ollicer and in the case of Crown Lands situated elsewhere in the Colony by the Registrar General and the Superin- tendent of the Botanical and Forestry Department who shall respectively sit together and hold a judicial inquiry at the said village so as to give the persous on whom the punishment may fall a full opportunity of putting forward any defence that they may have to urge.

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