20055-1911-Ordinances-passed-and-assented-to--Fisheries-Dynamite--No-4-of-1911 — Page 3

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

HONGKONG.

No. 6 of 1911.

An Ordinance to anal the Harbour of Refuge

Ordinance, 1909.

LS

F. D. LUGARD,

Governor.

[17th March, 1911.]

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 Harbour of Short title Refuge Amendment Ordinance, 1911,” and shall be reas and con- and construed as one with the Harbour of Refuge Ordin- struction. ance, 1909, hereinafter called the Principal Ordinance.

2. Sub-section (1) of section 12 of the Principal Ordiu- ance is hereby amended as follows :-

Amends sub- section (1)

of section 12 of the Prin-

By the deletion of the word “absolute" in line 16

thereof and by the addition at the end thereof cipal Ordin-

of the following words :-

"and the Director of Public Works shall notify any such claimant in writing of the amount or Crown Lease so awarded”.

ance.

3. Sub-sectious 2, 3 and 4 of section 12 of the Principal Repeals sal-- Ordinance are hereby repealed and the following sub-sec- sections 2, 3 tions are substituted therefor :-

and 4 of sec- tion 12 of

ance.

*(2.) The Governor may instead of awarding any the in-

compensation under this section enter into an cipal Ordin- agreciment with any claimant for the compro- mise or settlement of any claim as the Gov- ernor may think fit.

(3.) Whenever any claimant shall be dissatisfied with the compensation awarded by the Gov- ernor under this section such claimant may with- in four weeks from the date of such notification as aforesaid notify the Director of Public Works in writing accordingly, and the Governor shall refer such claim with the particulars thereof to one of the Judges of the Supreme Court. Such Judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and, if so desired, heur counsel or solicitors on behalf of the Crown and the claimant and such Judge shall deter- mine the amount of compensation, if any, to be paid to any such claimant for any such injurious affecting as is described in sub-section (1) of this section and may award costs in his discre- tion either for or against the Crown or for or against any parties claiming compensation, such costs in case of differeuce to be settled by the Registrar of the Supreme Court.

(4.) No appeal shall lie from any award or decision of a Judge of the Supreme Court under this section."

4. The following section is hereby added to the Princi- pal Ordinance and shall be read at the end thereof :-

13. For the purposes of the hearing of any claim for compensation such Judge of the Supreme Court shall have powers similar to those vested in the Supreme Court on the occasion of any action in respect of the following matters, namely:-

(a) enforcing the attendance of witnesses and examining them upon oath, affirmation or or otherwise;

(b) compelling the production of docu-

ments;

Adds a new section to the Principal Ordinance.

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