1964_CROWN_LAND_ORDINANCE — Page 5

CAP. 28]

Presumption.

Crown Land

[1982 Ed.

any public officer, or other person, acting on the direction of the Authority may, with the assistance of such other public officers or other persons as may be necessary, and without giving any notice-

(i) remove from the structure any person or property therein; (ii) demolish the structure; and

(iii) take possession of such property and of any property resulting from the demolition of the structure. (Added, 56 of 1979, s. 3)

(3) Any property or structure of which possession is taken under subsection (2)(b) or subsection (2A)(iii) shall become the property of the Crown free from the rights of any person and may be demolished or otherwise dealt with as the Authority thinks fit. (Amended, 56 of 1979, s. 3)

(4) Any person occupying unleased land, otherwise than under a licence or a deed or memorandum of appropriation, who without reasonable excuse does not cease to occupy the same as required by a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months.

(4A) Any person who—

(a) is engaged in any way in the erection of a structure on unleased land; or

(b) arranges or directs the erection of a structure on unleased land,

being a structure being erected otherwise than under a licence or a deed or memorandum of appropriation, shall be guilty of an offence and shall be liable on conviction-

(i) where the offender has been engaged in any way in, or has arranged or directed, the erection of the structure for the purpose of disposing of the structure for gain for himself or another, to a fine of $50,000 and to imprisonment for 1 year; and

(ii) in any other case, to a fine of $10,000 and to imprisonment for 6 months. (Added, 56 of 1979, s. 3. Amended, 46 of 1982, s. 2)

(5) The Authority may recover from any person convicted of an offence under subsection (4) or (4A) any cost incurred in or arising out of the demolition of any property or structure under subsection (2A) or (3) and the exercise of the powers conferred by this section. (Amended, 56 of 1979, s. 3)

6A. In any proceedings for an offence under paragraph (a) or (b) of section 6(4A) in respect of any structure, any person who is proved to have done any act specified in paragraph (a) or (b) of that section shall, until the contrary is proved, be presumed to have done so for the purpose of disposing of that structure for gain.

(Added, 46 of 1982, s. 3)

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