231582-1936-Supplementary-Bills-read-a-first-time- — Page 12

809

A BILL

INTITULED

[No. 24-10.8.36.—0.]

An Ordinance to amend the Public Health (Animals and Birds)

Ordinance, 1935.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Public Health Short title. (Animals and Birds) Amendment Ordinance, 1936.

sections 12,

2. The following heading and sections are inserted in the New Public Health (Animals and Birds) Ordinance, 1935, 13 and 14 immediately after section 11 thereof :-

མམ

Appeal to Governor in Council.

added to Ordinance No. 16 of 1935.

Governor in

decision of any person

with power

12. (1) Whenever any person is dissatisfied with the Appeal to exercise of the discretion of the Urban Council or of any council person to whom discretionary power is given under this against Ordinance in respect of any act, matter or thing which is by this Ordinance made subject to the exercise of the discretion entrusted of such authority, or with any action or decision of the under this Council or of any such person either as to the carrying out of Ordinance. or the meaning of any of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor in Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.

(2) The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Governor in Council shall thereafter determine the matter in the absence of, and without further reference to, the Urban Council.

Council

state case

opinion of Full Court

13.-(1) In any appeal under the provisions of section Governor in 12 the Governor in Council may at any time in his discretion empowered direct a case to be stated for the opinion of the Full Court on in any any question of law involved in any appeal submitted to him. appeal to The terms of such case shall be agreed upon by the parties for the concerned, or in the event of their failure to agree shall be settled by the Full Court. The Full Court shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Governor in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.

on question

of law.

E