240376-1937-Supplementary-Bills-read-a-first-time---1936-Supplementary-Appropriation-Forestry-Printers-and-Publishers-Amendment-Stonecutters-Island-Amendment-Motor-Spirit-Amendment — Page 3

Forests etc. to be under control of Super-

intendent of

Botanical

and Forestry Department.

Power to

410

regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded, or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.

tree

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

Protection of Trees on Crown Land.

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

Composition

of court of inquiry.

Proceedings

of court of inquiry.

Powers of

court of

inquiry. Ordinance No. 13 of 1886.

Report to

be made to Governor.

Power of Governor in Council to impose fine.

Incidence and method

of levying

fine.

6. In the case of villages or areas in the New Territories, the court of inquiry shall consist of the District Officer and 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 shall afford to all persons who may be adversely affected full opportunity of being heard in their defence.

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

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

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

11. (1) Every such fine shall be apportioned by the Treasurer among all the owners of land in the said villages or area prescribed, in the manner specified in sub-section (2), 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.