Sessional_Paper_1900 — Page 321

Sessional Papers 議政定例兩局文件 All

apparatus, in proportion to the width of their respective land at the place where it abuts on such street, and the Government may recover such proportionate cost, together with interest thereon at the rate of eight per cent. per annum from the date of demand for payment of such proportionate cost made by the Director of Public Works, from any such owner by a suit in the name of the Director of Public Works in the Summary Jurisdiction of the Supreme Court. The cost of the illumination of such street shall, however, be borne by the Government.

to be made.

315

11. (a.) In the case of any alterations to existing buildings being required for the Time within which purpose of complying with the provisions of section 7 of this Ordinance. a period of six alteration, &c. are months from the date of the coming into force of this Ordinance shall be allowed to the owner or owners of such buildings within which to make such alterations, and, in the event of any such alterations not being made and completed within the said period of six months, such owner, or if there be more than one such owner, every such owner shall be liable upon summary conviction before a Magistrate to a fine of not exceeding ten dollars for each and every term of twenty-four hours beyond the said period of six months, during which any of the provisions of the said section 7 shall remain uncomplied with either wholly or in part.

(b.) In the case of any alterations to or removal of any cubicles or partitions being required for the purpose of complying with any of the provisions of this Ordinance, a period of three months from the date of the coming into force of this Ordinance shall be allowed to the owner or owners of the building in which such cubicles or partitions are situated to make such alterations or removal as aforesaid, and in the event of any such alterations or of any such removal not being made and completed within the said period of three months, such owner, or, if there be more than one such owner, every such owner, shall be liable upon summary conviction before a Magistrate to a fine of not exceeding five dollars for each and every term of twenty-four hours beyond the said period of three months during which any of the provisions of this Ordinance with regard to any alteration to or removal of any cubicles or partitions shall remain uncomplied with either wholly or in part.

(c.) If upon the expiration of the respective periods of six or three months allowed Power to close under sub-sections (a.) and (b.) of this section, the alterations or removal referred to premises. in such sub-sections bave or has not been made and completed as directed in such sub-sections, then, in addition to the penalties that may be incurred by the owners. under such sub-sections, it shall be lawful for a Magistrate in his absolute discretion to order the whole or any portion of any building or of any room containing a cubicle or partitions to be forthwith closed by or under the direction of the Captain Superintendent of Police and to remain closed until the alterations or removal required by this Ordinance have or has been certified in writing by the Sanitary Board to have been made and completed to the satisfaction of the said Board. Any person found living in any building or room or portion thereof so closed as aforesaid, shall be deemed to have committed an offence against this Ordinance and shall be punishable accordingly.

structures.

12. It shall be lawful for a Magistrate in any case in which it is proved to his Power to onter satisfaction that any mezzanine floor, cockloft, cubicle, partition or "ping fung" is not removal of illegal in accordance with the provisions of this Ordinance to order, either in addition to or in substitution for any penalty specified in this Ordinance, the immediate demolition, removal, and destruction by any officer of the Sanitary Board of any such mezzanine floor, cockloft, cubicle, partitions or "ping fung", or any portion thereof, and no compensation whatever shall be payable to any person in respect of any damage done to such mezzanine floor, cockloft, cubicle, partition or “ping fung" by such demolition, removal, and destruction.

13. Every act, failure, neglect, or omission whereby any requirement or provision offences. of this Ordinance is contravened, and every refusal to comply with any of the require- ments or provisions of this Ordinance, shall be deemed an offence, against this Ordinance, and any owner of any premises, in conection with which any such act, failure, neglect, omission, or refusal as aforesaid has occurred, shall be deemed to have committed an offence against this Ordinance and shall be punishable accordingly.

The secretary or manager for the time being of any company or corporation may be Liability of suminoned and shall be held liable for any offence committed by such company or cor- secretary or poration against this Ordinance.

manager of

company.

14. Every person and the secretary or inanager for the time being of any company Penalties. or corporation committing an offence against this Ordinance in respect of which no penalty is otherwise provided by this Ordinance shall be liable, upon summary con- viction, to pay a fine not exceeding fifty dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding one month, and in any case where in the opinion of the Magistrate the offence is likely to be continued,

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