CAP. 96]
Forests and Countryside
[1984 Ed.
destruction occurred, or who was not a party to such damage or destruction.
Power of
Governor in Council to declare
prohibited areas.
Boundaries to be defined.
Notices to be
placed along the boundaries.
Prohibition
against entering prohibited areas.
PROHIBITED AREAS--AFFORESTATION
12. (1) It shall be lawful for the Governor in Council by order signified in the Gazette to declare any area to be a prohibited area if he considers it desirable to do so with a view to the protection of afforestation operations.
(2) Every such order made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making thereof, and if a resolution is passed at the first meeting of the Legislative Council held after such order has been laid on the table of the said Council resolving that such order shall be rescinded, or amended in any manner whatsoever, the said order shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.
13. Every prohibited area shall have its boundaries marked or indicated by means of fire-barriers or otherwise.
14. Notices both in English and Chinese stating that the area in question is a prohibited area shall be placed along the boundaries at intervals not greater than 440 metres.
Amended, L.N. 60 of 1971
15. Any person who without lawful authority or excuse enters a prohibited area shall be guilty of an offence.
OFFENCES, PENALTIES AND FORFEITURE
Lighting fires in forests, etc.
16. (1) Any person who---
(a) has lit, or is using a fire which was lit, in or near any forest, plantation, prohibited area or area of open countryside; or (b) is in a group of persons using a fire which was so lit,
whether or not by any person in the group,
shall be guilty of an offence unless he shows that--
(i) the lighting of a fire in the place in which the fire was lit was
reasonable in all the circumstances; and
(ii) he took all reasonable steps to prevent the fire from damaging or endangering anything growing in the forest, plantation, prohibited area or area of open countryside.
(2) For the purposes of this section, land shall not be treated as not being open countryside solely by reason of the fact that it is held under lease, licence or permit.
(Replaced, 82 of 1974, s. 5)
Page 6
4
CAP. 96]
Forests and Countryside
[1984 Ed.
destruction occurred, or who was not a party to such damage or destruction.
Power of
Governor in Council to declare
prohibited areas.
Boundaries to be defined.
Notices to be
placed along the boundaries.
Prohibition
against entering prohibited areas.
PROHIBITED AREAS--AFFORESTATION
12. (1) It shall be lawful for the Governor in Council by order signified in the Gazette to declare any area to be a prohibited area if he considers it desirable to do so with a view to the protection of afforestation operations.
(2) Every such order made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making thereof, and if a resolution is passed at the first meeting of the Legislative Council held after such order has been laid on the table of the said Council resolving that such order shall be rescinded, or amended in any manner whatsoever, the said order shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended. as the case may be, as from the date of publication in the Gazette of the passing of such resolution.
13. Every prohibited area shall have its boundaries marked or indicated by means of fire-barriers or otherwise.
14. Notices both in English and Chinese stating that the area in question is a prohibited area shall be placed along the boundaries at intervals not greater than 440 metres.
i Amended, L.N. 60 811
15. Any person who without lawful authority or excuse enters a prohibited area shall be guilty of an offence.
OFFENCES, PENALTIES AND FORFEITURE
Lighting fires in forests, etc.
16. (1) Any person who---
(a) has lit, or is using a fire which was lit, in or near any forest, plantation, prohibited area or area of open countryside; or (b) is in a group of persons using a fire which was so lit.
whether or not by any person in the group.
shall be guilty of an offence unless he shows that--
(i) the lighting of a fire in the place in which the fire was lit was
reasonable in all the circumstances; and
(ii) he took all reasonable steps to prevent the fire from damaging or endangering anything growing in the forest, plantation, prohibited area or area of open countryside.
(2) For the purposes of this section, land shall not be treated as not being open countryside solely by reason of the fact that it is held under lease. licence or permit.
Replaced. 82 of 1974, s. 5)
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