189388-1932-Ordinances-passed-and-assented-to--Summary-Offences-No-40-of-1932-Magistrates-No-41-of-1932-Registration-of-United-Kingdom-Patents--No-42-of-1932-Protection-of-Women-and-Girls-Amendment-No-43-of-1932 — Page 7

1190 THE HONG KONG GOVERNMENT GAZETTE, DECEMBER,

Other nuisances in the

nature of ttespass or damage.

(cf. secs. 23-28 of No. 5 of

1865.)

Ord. No. 6 of 1865.

Occupying etc. Crown

land without a licence.

Alteration

of ship with a view to smuggling, etc.

8. Every person shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months who, without lawful authority or

excuse:

(a) fells, cuts, uproots, breaks, injures or destroys any standing or growing tree, sapling, shrub, underwood, plant, fruit, vegetable, grass-sod or turf, wherever growing and whether the same is the property of the Crown or of any private person (except in any case where such offence is proved to have been committed with felonious intent);

(b) cuts, breaks, throws down or in any wise destroys or damages any fence, paling, stile, gate or bridge, or any part thereof, or any wall or bank or any part thereof, other than such walls and banks as are specified in section 25 of the Malicious Damage Ordinance, 1865.

9.-(1) No person shall, except under and in accordance with a current licence or permit from the Director of Public Works or from a District Officer, occupy or continue to occupy, or erect or maintain any structure whatsoever upon, or place or maintain any thing upon or in, any land which is not held under lease from the Crown.

(2) Upon the conviction of any person of an offence against the provisions of sub-section (1), it shall be lawful for a magistrate, in lieu of or in addition to any penalty which he may impose, by order to authorise the forcible eviction of any person from the land and the demolition of any structure erected thereon and the removal of any thing placed thereon or therein.

(3) If the offender cannot be ascertained or cannot be found or does not appear, it shall be lawful for a magistrate, upon proof of any contravention of the provisions of sub- section (1), to make any such order as he might have made upon the conviction of the offender.

(4)-Every person who contravenes any of the provisions of this section shall be liable to a fine not exceeding two hundred and fifty dollars, and shall also be liable to pay the cost of the demolition of any structure or the removal of any thing demolished or removed under an order made under this section.

10. (1) Every person who alters in any way the construction of any ship or of any part thereof or any fittings therein, with a view to the unlawful possession, storage or conveyance of arms, ammunition, opium, dangerous drugs or any other article or substance, shall be liable to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding one year.

(2) Every person who without lawful authority or excuse alters in any way the construction of any ship or of any part thereof or any fittings therein, shall, until the contrary is proved, be deemed to have done so with a view to the unlawful possession, storage and conveyance of some article.

(3) It shall be sufficient in any prosecution under this section to allege that the accused altered the construction of the ship or of some part thereof or of some fitting therein with a view to the unlawful possession, storage or conveyance of some article, without specifying any particular article or substance.