1964_PEARL_CULTURE_(CONTROL)_ORDINANCE — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 307]

Pearl Culture (Control)

Contiguous

areas.

Regulations.

[1984 Ed.

(2) Before making any such order, the magistrate shall give to any person claiming or appearing to the magistrate to be the owner of such pearl oysters or pearls an opportunity of being heard, and if such person satisfies the magistrate that-

(a) he is the owner of the pearl oysters or pearls; and

(b) he was not implicated in the commission of such offence,

the magistrate shall order that such pearl oysters or pearls be delivered to such person.

(3) It shall be lawful for the Governor in his absolute discretion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds.

14. Where 2 or more cultivation areas held by different licensees are contiguous to each other, and any proceeding is taken against any person for stealing pearl oysters from any such area, it shall be sufficient in alleging and proving the property and lawful possession, in such oysters, and the place from which they were stolen, to allege and prove that they were the property of and in the lawful possession of one or other of such licensees and were stolen from one or other of such contiguous areas.

15. (1) The Governor in Council may by regulation prescribe or provide for-

(a) all matters which by this Ordinance are required or permitted to be prescribed;

(b) the manner in which application for licences shall be made, and the forms to be used in connexion therewith;

(c) the fees to be paid for licences;

(d) the payment of royalties to the Government, the method of calculation of the amount of such royalties and the manner and time of payment;

(e) the manner in which the boundaries of cultivation areas shall be marked;

(f) the duties of licensees;

(g) the making, construction and marking of rafts and the manner of anchoring them;

(h) inspection of rafts and cultivation area and any kind of oysters found there;

(i) the conservation of pearl oysters or the spawn thereof in the waters of the Colony and the promotion of economical methods of collection and cultivation of such oysters and the culture of pearls; (Amended, 32 of 1960, s. 7)

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CAP. 307] Pearl Culture (Control) Contiguous areas. Regulations. [1984 Ed. (2) Before making any such order, the magistrate shall give to any person claiming or appearing to the magistrate to be the owner of such pearl oysters or pearls an opportunity of being heard, and if such person satisfies the magistrate that- (a) he is the owner of the pearl oysters or pearls; and (b) he was not implicated in the commission of such offence, the magistrate shall order that such pearl oysters or pearls be delivered to such person. (3) It shall be lawful for the Governor in his absolute discretion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds. 14. Where 2 or more cultivation areas held by different licensees are contiguous to each other, and any proceeding is taken against any person for stealing pearl oysters from any such area, it shall be sufficient in alleging and proving the property and lawful possession, in such oysters, and the place from which they were stolen, to allege and prove that they were the property of and in the lawful possession of one or other of such licensees and were stolen from one or other of such contiguous areas. 15. (1) The Governor in Council may by regulation prescribe or provide for- (a) all matters which by this Ordinance are required or permitted to be prescribed; (b) the manner in which application for licences shall be made, and the forms to be used in connexion therewith; (c) the fees to be paid for licences; (d) the payment of royalties to the Government, the method of calculation of the amount of such royalties and the manner and time of payment; (e) the manner in which the boundaries of cultivation areas shall be marked; (f) the duties of licensees; (g) the making, construction and marking of rafts and the manner of anchoring them; (h) inspection of rafts and cultivation area and any kind of oysters found there; (i) the conservation of pearl oysters or the spawn thereof in the waters of the Colony and the promotion of economical methods of collection and cultivation of such oysters and the culture of pearls; (Amended, 32 of 1960, s. 7)
Baseline (Original)
6 CAP. 307] Pearl Culture (Control) Contiguous areas. Regulations. [1984 Ed. (2) Before making any such order, the magistrate shall give to any person claiming or appearing to the magistrate to be the owner of such pearl oysters or pearls an opportunity of being heard, and if such person satisfies the magistrate that- (a) he is the owner of the pearl oysters or pearls; and (b) he was not implicated in the commission of such offence, the magistrate shall order that such pearl oysters or pearls be delivered to such person. (3) It shall be lawful for the Governor in his absolute discre- tion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds. 14. Where 2 or more cultivation areas held by different licensees are contiguous to each other, and any proceeding is taken. against any person for stealing pearl oysters from any such area, it shall be sufficient in alleging and proving the property and lawful possession, in such oysters, and the place from which they were stolen, to allege and prove that they were the property of and in the lawful possession of one or other of such licensees and were stolen from one or other of such contiguous areas. 15. (1) The Governor in Council may by regulation prescribe or provide for- (a) all matters which by this Ordinance are required or per- mitted to be prescribed; (b) the manner in which application for licences shall be made, and the forms to be used in connexion therewith; (c) the fees to be paid for licences; (d) the payment of royalties to the Government, the method of calculation of the amount of such royalties and the manner and time of payment; (e) the manner in which the boundaries of cultivation areas shall be marked; (f) the duties of licensees; (g) the making, construction and marking of rafts and the manner of anchoring them; (h) inspection of rafts and cultivation area and any kind of oysters found there; (i) the conservation of pearl oysters or the spawn thereof in the waters of the Colony and the promotion of economical methods of collection and cultivation of such oysters and the culture of pearls; (Amended, 32 of 1960, s. 7)
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6

CAP. 307]

Pearl Culture (Control)

Contiguous

areas.

Regulations.

[1984 Ed.

(2) Before making any such order, the magistrate shall give to any person claiming or appearing to the magistrate to be the owner of such pearl oysters or pearls an opportunity of being heard, and if such person satisfies the magistrate that-

(a) he is the owner of the pearl oysters or pearls; and

(b) he was not implicated in the commission of such offence,

the magistrate shall order that such pearl oysters or pearls be delivered to such person.

(3) It shall be lawful for the Governor in his absolute discre- tion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds.

14. Where 2 or more cultivation areas held by different licensees are contiguous to each other, and any proceeding is taken. against any person for stealing pearl oysters from any such area, it shall be sufficient in alleging and proving the property and lawful possession, in such oysters, and the place from which they were stolen, to allege and prove that they were the property of and in the lawful possession of one or other of such licensees and were stolen from one or other of such contiguous areas.

15. (1) The Governor in Council may by regulation prescribe or provide for-

(a) all matters which by this Ordinance are required or per-

mitted to be prescribed;

(b) the manner in which application for licences shall be made,

and the forms to be used in connexion therewith;

(c) the fees to be paid for licences;

(d) the payment of royalties to the Government, the method of calculation of the amount of such royalties and the manner and time of payment;

(e) the manner in which the boundaries of cultivation areas

shall be marked;

(f) the duties of licensees;

(g) the making, construction and marking of rafts and the

manner of anchoring them;

(h) inspection of rafts and cultivation area and any kind of

oysters found there;

(i) the conservation of pearl oysters or the spawn thereof in the waters of the Colony and the promotion of economical methods of collection and cultivation of such oysters and the culture of pearls; (Amended, 32 of 1960, s. 7)

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