THE HONGKONG GOVERNMENT GAZETTE, 4TH MAY, 1889.
80. Whenever the demolition of any building or work shall take place under any such order as provided in the preceding Section, it shall be lawful for the Surveyor General in case of non-payment of the said expenses by the owner, to sell and dispose of the materials thereof, and out of the monies arising from such sale or disposition, to retain or pay the said expenses; and the surplus, if any, shall be paid to such owner.
81. It shall be lawful for a Magistrate to order such owner to pay all expenses incurred by the Surveyor General in the abating of any nuisance in the manner aforesaid, and in case of non-payment, by warrant under his hand and seal, to cause the same to be levied by distress and sale of the goods and chattels of such owner.
82. Nothing herein contained shall affect any other existing remedy for the abatement of nuisances.
Service of Notices, Summons, or Orders.
83. Any Notice, Summons, or Order, under the provi- sions herein before contained as to nuisances, may be served on the owner of any premises, by leaving the same with any occupier of such premises, or with some inmate of his abode, or if there is no occupier, by putting up such Notice, Summons, or Order on a conspicuous part of the premises to which the same relates. But if the place of residence within the Colony, of the owner, or that of his Agent, be known to the person by whom, or on whose behalf any Notice, Summons, or Order is intended to be served, a copy of every such Notice, Summons, or Order, shall in addition be left at such place of residence.
Penalties.
84. Every person offending against the provisions of Sections 54 to 66 both inclusive, shall be liable on summary conviction thereof before a Magistrate to a fine not exceed. ing Fifty dollars.
85. Every person committing a Nuisance as defined in Section 77 shall be liable on summary conviction thereof before a Magistrate to a fine not exceeding One hundred dollars.
86. Every person who shall refuse to obey the order of any Magistrate issued under the provisions of this Ordi- nance, or who shall, without reasonable cause refuse to permit the Surveyor General or officer acting by his direc- tion to enter any house, building, or premises, in the per- formance of his duties under this Ordinance and every person who shall obstruct or hinder the Surveyor General or any officer acting by his direction in the execution of the powers Vested in him by the provisions of this Ordinance, or by any order of a Magistrate, shall be liable upon con- viction thereof before a Magistrate, to a fine not exceeding one hundred dollars.
* Appeal to Governor in Council.
87. Whenever any person shall be dissatisfied with the exercise of the discretion of the Surveyor General in respect of any act, matter, or thing, which is by this Ordinance made subject to his discretion, the person so dissatisfied may in lieu of reverting to any legal remedy appeal to the Go- vernor in Council who may make such Örder in respect thereof, as may be deemed expedient, and such order shall be final for all intents and purposes.
Rules and Regulations.
88. The Governor in Council may from time to time make, and when made add to, alter, or revoke, Rules and Regulations for carrying out the provisions of sections 36, 58, 59, 60, and 68 of this Ordinance.
Commencement of Ordinance.
89. This Ordinance shall not come into operation unless and until the Officer Administering the Government notifies by proclamation that it is Her Majesty's pleasure not to disallow the same, and thereafter it shall come into operation upon such day as the Officer Administering the Government shall notify by the same or any other pro- clamation.
Passed the Legislative Council of Hongkong, this 18th day of April, 1889.
ARATHOON SETH, Clerk of Councils,
Assented to by His Excellency the Governor the 2nd
day of May, 1889.
FREDERICK STEWART,
Colonial Secretary.
Recovery of expenses of
abatement of
nuisance by sale of materials.
Distress in
case of non- payment of expenses.
Existing remedy not affected.
Service of notice, &c.
Fine for offences against Secs. 58 to 69,
Fine in case of nuisance.
Fino for refusing to obey Magis- trate's order, or for obstructing Surveyor General.
Appeal.
Governor in
Council may
make Rules,
&c.
Commence- ment of
Ordinance.
389
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