1984 Ed.]
Forests and Countryside
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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.
6. The court of inquiry shall consist of the Secretary for District Administration and the Forestry Officer.
7.
(Replaced, L.N. 18/83)
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 Commissions of Inquiry Ordinance, 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 Director of Accounting Services among all the owners of land in the said villages or area prescribed, in the manner specified in subsection (2), according to the amount of Crown rent or village rent payable by such owners respectively. (Amended, L.N. 16/77)
(2) In the New Territories the Director of Accounting Services 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
(Amended, L.N. 16/77)
area.
(3) The amounts so apportioned shall in each case be a first charge on the land in respect of which the Crown rent or village rent upon which the apportionment was based is payable.
(4) The amounts so apportioned shall be recoverable from the respective owners whose names appear on the Crown rent roll or village rent roll respectively in the same manner in all respects as Crown rent is recoverable.
(5) It shall be lawful for the Governor in Council in his discretion to remit the payment of any amount so apportioned in the case of any owner of land in the said village or area who was not resident in the said village or area at the time when the damage or
Composition of court of inquiry.
Proceedings of court of inquiry.
Powers of court of inquiry. (Cap 86.)
Report to be made to Governor.
Power of Governor in Council to impose fine.
Incidence and method of
levying fine.
1984 Ed.]
Forests and Countryside
|CAP. 96
3
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.
6. The court of inquiry shall consist of the Secretary for District Administration and the Forestry Officer.
7.
(Replaced, L.N. 18/83)
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 Commissions of Inquiry Ordinance, 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 destruc- tion 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 Director of Accounting Services among all the owners of land in the said villages or area prescribed, in the manner specified in subsection (2). according to the amount of Crown rent or village rent payable by such owners respectively. (Amended, L.N. 16/77)
(2) In the New Territories the Director of Accounting Services 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
(Amended, L.N. 16/77)
area.
(3) The amounts so apportioned shall in each case be a first charge on the land in respect of which the Crown rent or village rent upon which the apportionment was based is payable.
(4) The amounts so apportioned shall be recoverable from the respective owners whose names appear on the Crown rent roll or village rent roll respectively in the same manner in all respects as Crown rent is recoverable.
(5) It shall be lawful for the Governor in Council in his discretion to remit the payment of any amount so apportioned in the case of any owner of land in the said village or area who was not resident in the said village or area at the time when the damage or
Composition of court of inquiry.
Proceedings of court of inquiry.
Powers of court of inquiry. (Cap 86.)
Report to be made to Governor.
Power of Governor in Council to impose fine.
Incidence and method of
levying fine.
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