661417-1888-Ordinance-24-of-1887-Assented-to — Page 6

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The Hongkong GOVERNMENT GAZETTE, 2ND JUNE, 1888.

Pantry

Board to servo

notice directing compliance with Bye- Laws,

Board may review aotic.

On non-ev- pliance with notice com plaint to be made to Magistrate.

Power of Magistrate to make order dealing with nuisance.

| Ibid, sec. 96.]

Order of pr hibition änd use, &e. of hours uulit for human habitation. [hid, sec. 97.

Penalty for conducention of order of Magistrate.

First. That, where the nuisance arises from the want,

or defective construction, of any structural con- venience, or, where there is no occupier of the premises, notice under this section shall be served ou the owner:

Secondly. That, where the person causing the nuisance cannot be found, and it is clear that the nuisance does not arise, or continue, by the act, default, or sufferance of the owner, or occupier, of the premises, the Board may themselves abate the same, without further order.

case

10. It shall be lawful for the Board, in any where there is a contravention of any of the require- ments of any of the Bye-Laws, made under Section 13, to issue a notice to the offender, stating what is required to be done to carry out the provisions of such Bye-Laws; and to call upon him to comply with such notice within a reasonable time to be stated in the said notice.

20. If the person served with notice, under Section 18 or 19 is dissatisfied with such notice, it shall be lawful for him, within the time therein specified, to apply to the Board to review the same, stating the grounds of his application, and the Board shall, thereupon, inquire into the matter, and shall confirm, modify, suspend, or discharge the said notice, or extend the time allowed for compliance there- with.

21. If the person on whom a notice has been served in pursuance of Section 18 or 19, has not obtained from the Board a modification or withdrawal of the notice, and con- tinues to make default in complying with the requirements of such notice, or, in the case of a nuisance, if the same, although abated since the service of the notice, is, in the opinion of the Board, likely to recur on the same premises, the Board shall cause a complaint relating to the non- compliance wih the said uotice, or to such nuisance, to be made before a Magistrate; and such Magistrate shall, thereupon, issue a Summons, requiring the person on whom the notice was served to appear before him.

22. If the Magistrate is satisfied that the requirement of the Board is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recur on the same premises, the Magistrate shall mako an order on such person, requiring him to comply with all, or any, of the requisitions of the notice, or otherwise to abate the nuisance, within a time specified in the order, and to do any works necessary for that purpose; or an order pro- hibiting the recurrence of the nuisance, and directing the execution of the works necessary to prevent the recurrence; or an order both requiring abatement and prohibiting the recurrence of the nuisance.

The Magistrate may, by his order, impose a penalty not exceeding twenty-five dollars, on the person on whom the order is made, and shall also give directions as to the payment of all costs incurred up to the time of the hearing or making the order for obeying the requirements of the Bye-Law, for abatement or prohibition of the nuisance, as the case may

be.

23. Where the nuisance proved to exist is such as to render a house or building, in the judgment of the Magistrate, unfit for human habitation, the Magistrate may prohibit the using thereof for that purpose, until, in his judgment, the house or building is rendered fit for that purpose; and, on the Magis- trate being satisfied that it has been rendered fit for that purpose, he may determine his previous order by another, declaring the house or building habitable, and, from the date thereof, such house or building may be let or inha- bited.

24. Any person not obeying an order to comply with the requisitions of the Board, and failing to satisfy the Magis- trate that he has used all due diligence to carry out such order, shall be liable to a penalty not exceeding ten dollars per day, during his default; and any person knowingly and wilfully acting contrary to an order of prohibition, shall be liable to a penalty not exceeding twenty-five dollars per day, during such contrary action; morcover, the Board may enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover, in a summary manner, the expenses incurred by them from the person on whom the order is made.

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