886
Power of
Magistrate
prohibiting
use, etc., of
building unfit
No. 10.] THE ORDINANCES OF HONGKONG: [A.D. 1901
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 prohibiting 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.
(2.) The Magistrate may, by his order, impose a penalty not exceeding twenty-five dollars upon the person against 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 requisitions of the notice or for abatement or prohibition of the nuisance, as the case may be.
31. Where the nuisance proved to exist is such as to render any building, in the judgment of the Magistrate, unfit for human habitation, the Magistrate may, by an order in writing, prohibit the use thereof for that purpose until, in his judgment, it has been rendered fit for that purpose, and direct that a copy of the order be affixed to the building in question; and, on the Magistrate being satisfied that it has been rendered fit for that purpose, he may determine his previous order by another, declaring the building habitable, and from the date thereof the building may be inhabited or let for habitation.
for human habitation.
Penalty for contravention of order of Magistrate, and for defacing copy of order.
Form of notice.
Third Schedule.
Mode of service of notice.
32.-(1.) Every person who does not obey an order to comply with the requisitions of the Board, and fails to satisfy the Magistrate that he has used all due diligence to carry out such order, shall be liable to a penalty not exceeding ten dollars for each day during his default.
(2.) Every person who knowingly and wilfully acts contrary to an order of prohibition shall be liable to a penalty not exceeding twenty-five dollars for each day during such contrary action.
(3.) Moreover, the Board may by its officers 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 it from the person against whom the order was made.
(4.) Every person who defaces any copy of a Magistrate's order which has been affixed to any house or building shall be liable to a penalty not exceeding fifty dollars.
33. A notice issued by the Board relating to a nuisance shall be in the form in the Third Schedule to this Ordinance, with such modifications, if any, as may be necessary.
34. Every such notice or order may be served by any officer or servant of the Board by delivering the same to or at the residence of the person
886
Power of
Magistrate
prohibiting
use, etc., of
building unfit
No. 10.] THE ORDINANCES OF HONGKONG: [A.D. 1901
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 neces sary for that purpose; or an order prohibiting 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.
(2.) The Magistrate may, by his order, impose a penalty not exceed ing twenty-five dollars upon the person against 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 re quisitions of the notice or for abatement or prohibition of the nuisance. as the case may be.
31. Where the nuisance proved to exist is such as to render any to make order building, in the judgment of the Magistrate, unfit for human habitation
the Magistrate may, by an order in writing, prohibit the use thereof for that purpose until, in his judgment, it has been rendered fit for that purpose, and direct that a copy of the order be affixed to the building in question; and, on the Magistrate being satisfied that it has been rendered fit for that purpose, he may determine his previous order by another, declaring the building habitable, and from the date thereof the building may be inhabited or let for habitation.
for human habitation.
Penalty for contravention of order of· Magistrate, and for
defacing copy
of order.
Form of notice.
Third Schedule.
Mode of service of
may
32.-(1.) Every person who does not obey an order to comply with the requisitions of the Board, and fails to satisfy the Magistrate that be has used all due diligence to carry out such order, shall be liable to a penalty not exceeding ten dollars for each day during his default.
(2.) Every person who knowingly and wilfully acts contrary to an order of prohibition shall be liable to a penalty not exceeding twenty-five dollars for each day during such contrary action.
(3.) Moreover, the Board may by its officers 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 it from the person against whom the order was made.
(4.) Every person who defaces any copy of a Magistrate's order which has been affixed to any house or building shall be liable to a penalty not exceeding fifty dollars,
33. A notice issued by the Board relating to a nuisance shall be in the form in the Third Schedule to this Ordinance, with such modifica tions, if any, as may be necessary.
34. Every such notice or order may be served by any officer or servant of the Board by delivering the same to or at the residence of the person
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