240328-1937-Supplementary-Draft-Bill--Forestry — Page 2

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regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded, or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

control of

4. Every forest, plantation, prohibited area, tree Forests etc. nursery, fire-barrier and forestry path, shall be under the to be under control of the Superintendent of the Botanical and Forestry Super- Department.

Protection of Trees on Crown Land.

intendent of Botanical and Forestry Department.

5. If at any time it shall be shown to the satisfaction Power to

order inquiry. of the Governor that trees or growing plants on Crown land have been felled, cut, burned, or otherwise damaged or destroyed, or that any wilful or wanton damage has been done on Crown land, and that there is reason to believe that such damage or destruction was committed by any of the inhabitants of any village or area, it shall be lawful for the Governor to order that a court of inquiry shall be held at or near the said village or in or near the said area.

6. In the case of villages or areas in the New Territories, Composition the court of inquiry shall consist of the District Officer and of court

of inquiry. the Superintendent of the Botanical and Forestry Depart- ment, and in all other cases it shall consist of the Secretary for Chinese Affairs or any Assistant to the Secretary for Chinese Affairs and the Superintendent of the Botanical and Forestry Department.

7. The said court shall hold the inquiry in public and Proceedings shall afford to all persons who may be adversely affected full of court opportunity of being heard in their defence.

of inquiry.

inquiry.

8. For the purposes of any such inquiry, the said court Powers of shall have all the powers and privileges which under the court of Commissioners Powers Ordinance, 1886, are or may conferred on commissioners appointed thereunder.

be

Ordinance

No. 13 of 1886.

Report to

Governor.

9. On the completion of the inquiry, the court shall report to the Governor as to whether in their opinion the be made to damage or destruction was caused by the inhabitants of any village or area.

Council to

10. It shall be lawful for the Governor in Council, upon Power of consideration of such report, to order that a fine shall be Governor in imposed on the said village or on such area as he shall impose fine. prescribe.

of levying

11. (1) Every such fine shall be apportioned by the Incidence Treasurer among all the owners of land in the said villages and method or area prescribed, in the manner specified in sub-section (2), fine. according to the amount of Crown rent or village rent payable by such owners respectively.

(2) In the New Territories the Treasurer shall apportion the fine among all the persons whose names appear on the Crown rent roll for the said village or area, and elsewhere in the Colony among all the persons whose names appear either on the Crown rent roll or on the village rent roll for the said village or area.