CAP 96 FORESTS AND COUNTMuranoYSIDE OMuranoDINANCE

目录

CAP 96 FORESTS AND COUNTRYSIDE ORDINANCE To consolidate and amend the
law relating to forests and plants, and to provide for the protection of
the countryside. (Amended 82 of 1974 s. 2) [30 July 1937] (Originally
11 of 1937 Cap 96 s 1 Short title This Ordinance may be cited as the
Forests and Countryside Ordinance. (Amended 82 of 1974 s. 3) Cap 96 s 2
Interpretation In this Ordinance, unless the context otherwise requires-
“authorized officer” means a person authorized by the Director under
section 4; (Added 14 of 1993 s. 2) “Director” means the Director of
Agriculture, Fisheries and Conservation; (Added 14 of 1993 s. 2. Amended
L.N. 331 of 1999) “forest” means any area of Government land covered
with selfgrown trees; (Amended 29 of 1998 s. 105) “plantation” means any
area of Government land which has been planted with trees or shrubs or
sown with the seeds of trees or shrubs; (Amended 29 of 1998 s. 105)
“Secretary” means the Secretary for the Environment, Transport and
Works. (Replaced 78 of 1999 s. 7. Amended L.N. 106 of 2002) (Amended 14
of 1993 s. 2) Cap 96 s 3 Power of Secretary to make regulations The
Secretary may by regulation provide for- the protection of trees,
shrubs, and other plants from destruction, injury or removal; (Repealed
14 of 1993 s. 3) any such other matters as may appear to the Secretary
advisable for the protection of forests and plants. (Amended L.N. 63 of
1992; 14 of 1993 s. 3) Regulations made under this section may provide
that a contravention of any provision thereof constitutes an offence
punishable by a fine not exceeding $25000. (Added 14 of 1993 s. 3) Cap
96 s 4 Authorized officers The Director may, subject to such limitations
as he thinks fit, authorize in writing any public officer or class of
public officer to exercise any of the powers or perform any of the
duties conferred or imposed on an authorized officer under this
Ordinance. (Replaced 14 of 1993 s. 4) Cap 96 s 5 (Repealed 14 of 1993 s.
5) Cap 96 s 6 (Repealed 14 of 1993 s. 5) Cap 96 s 7 (Repealed 14 of 1993
s. 5) Cap 96 s 8 (Repealed 14 of 1993 s. 5) Cap 96 s 9 (Repealed 14 of
1993 s. 5) Cap 96 s 10 (Repealed 14 of 1993 s. 5) Cap 96 s 11 (Repealed
14 of 1993 s. 5) Cap 96 s 12 (Repealed 14 of 1993 s. 5) Cap 96 s 13
(Repealed 14 of 1993 s. 5) Cap 96 s 14 (Repealed 14 of 1993 s. 5) Cap 96
s 15 (Repealed 14 of 1993 s. 5) Cap 96 s 16 Lighting fires in forests,
etc. OFFENCES, PENALTIES AND FORFEITURE Any person who- has lit, or is
using a fire which was lit, in or near any forest, plantation or area of
open countryside; or 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- the lighting of a fire in the place in
which the fire was lit was reasonable in all the circumstances; and he
took all reasonable steps to prevent the fire from damaging or
endangering anything growing in the forest, plantation or area of open
countryside. (Amended 14 of 1993 s. 6) 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) Cap 96 s 17 Powers of inspection, search, seizure and
arrest If an authorized officer has reasonable grounds for suspecting
that a person has committed or is about to commit or intends to commit
an offence under this Ordinance or any regulation made thereunder or any
enactment specified in the Schedule, he may, upon production of written
evidence of his identity- stop the person for the purpose of requiring
that he produce for inspection any special permit issued to him under
section 23; detain the person for a reasonable period while the
authorized officer inquires about the suspected commission of the
offence; search the person and his property for anything that is likely
to be of value to the investigation of the offence; and seize any trees,
shrubs or plants or any parts thereof or any utensils, equipment or
appliances believed to be or to be capable of being evidence of the
commission of the offence. It shall be lawful for an authorized officer
to arrest without warrant any person whom he reasonably suspects of
having committed- (Amended L.N. 63 of 1992) an offence under section 16
or 21 or under any enactment specified in the Schedule; an offence under
section 20 or any regulation made under this Ordinance, if it appears to
the authorized officer that service of a summons is impracticable
because- the name of the person is unknown to, and cannot readily be
ascertained by, the authorized officer; the authorized officer has
reasonable grounds for doubting whether a name given by the person as
his name is his real name; the person has failed to give a satisfactory
address for service; or the authorized officer has reasonable grounds
for doubting whether an address given by the person is a satisfactory
address for service. If any person who may lawfully be arrested under
subsection forcibly resists the endeavour to arrest him or attempts to
evade the arrest, an authorized officer may use all means necessary to
effect the arrest. (Replaced 14 of 1993 s. 7) Cap 96 s 18 Power to amend
Schedule Remarks: Adaptation amendments retroactively made – see 34 of
2000 s. 3 The Chief Executive in Council may by order signified in the
Gazette amend the Schedule in any manner whatsoever. (Amended 34 of 2000
s. 3) Cap 96 s 19 Issue of search warrant in certain cases Whenever it
appears to a magistrate, upon the oath of any person, that there is
reasonable cause to suspect that an offence under this Ordinance or any
regulation made thereunder or any enactment specified in the Schedule
has been committed and that any trees, shrubs or plants or any parts
thereof or any utensils, equipment or appliances believed to be or to be
capable of being evidence of the commission of the offence are contained
in any building or place, the magistrate may, by warrant directed to an
authorized officer, empower him with such assistants as may be
necessary, by day or night- to enter, and, if necessary, break into, the
building or place and to search for and seize any trees, shrubs or
plants or any parts thereof, utensils, equipment or appliances which may
be found there; and to arrest any person who may appear to have the
trees, shrubs or plants or any parts thereof, utensils, equipment or
appliances in his possession, custody or control. (Replaced 14 of 1993
s. 8) Cap 96 s 19A Taking arrested person to police station Where an
authorized officer arrests a person under section 17 or 19 he shall
forthwith take the person to the nearest police station and shall there
hand him over to the custody of a police officer and thereupon the
provisions of section 52 of the Police Force Ordinance shall apply.
(Added 14 of 1993 s. 8) Cap 96 s 20 Assaulting or resisting or
obstructing authorized officer Any person who assaults or resists or
obstructs any authorized officer in the execution of his duty shall be
guilty of an offence and liable on conviction to a fine of $10000.
(Amended 14 of 1993 s. 9) Cap 96 s 21 Acts prohibited in forests, etc.
Any person who, without lawful authority or excuse, in any forest or
plantation- cuts grass, removes turf or earth, rakes pine needles;
plucks or damages any bud, blossom or leaf of any tree, shrub or plant;
trespasses or pastures cattle or goats or permits cattle or goats to
trespass; fells, cuts, burns or otherwise destroys any trees or growing
plants, (Added 14 of 1993 s. 10) shall be guilty of an offence. (Amended
48 of 1972 s. 4; 14 of 1993 s. 10) Cap 96 s 22 Penalties and forfeiture
Any person who contravenes section 16 or 21 shall be liable on summary
conviction to a fine of $25000 and to imprisonment for 1 year. (Amended
6 of 1948 s. 7; 14 of 1993 s. 11) Upon the conviction of any person for
an offence under this Ordinance or any regulation made thereunder or any
enactment specified in the Schedule any trees, shrubs or plants or any
parts thereof or any utensils, equipment or appliances seized under
section 17 or 19 in respect of which the offence was committed shall,
without further order, be forfeited. (Replaced 14 of 1993 s. 11) Where a
person who is prosecuted for an offence under this Ordinance or any
regulation made thereunder or any enactment specified in the Schedule is
acquitted, the magistrate may order any trees, shrubs or plants or any
parts thereof or any utensils, equipment or appliances seized under
section 17 or 19 in respect of the offence for which the prosecution was
brought- to be released or returned to the person from whom they were
seized or to the owner thereof; or to be forfeited. (Added 14 of 1993 s.
11) Where any trees, shrubs or plants or any parts thereof or any
utensils, equipment or appliances have been seized under section 17 or
19 but no prosecution for an offence under this Ordinance or any
regulation made thereunder or any enactment specified in the Schedule
has been brought in respect of the trees, shrubs or plants or any parts
thereof or any utensils, equipment or appliances for whatever reason,
the Director or authorized officer may apply to a magistrate for an
order in respect thereof and the magistrate may order the trees, shrubs
or plants or any parts thereof or any utensils, equipment or appliances
seized under section 17 or 19- to be released or returned to the person
from whom they were seized or to the owner thereof; or to be forfeited.
(Added 14 of 1993 s. 11) Any trees, shrubs or plants or any parts
thereof or any utensils, equipment or appliances seized under section 17
or 19 which are forfeited under this section may be sold or otherwise
disposed of in such manner as the Director thinks fit. (Added 14 of 1993
s. 11) Cap 96 s 23 Special permits Notwithstanding any provision of this
Ordinance, the Director may grant to any person a special permit in
writing, upon such terms and conditions as he thinks fit, to do anything
which is prohibited under this Ordinance where he is satisfied that no
unnecessary harm to any forest, plantation or the countryside would be
caused. (Added 14 of 1993 s. 12) Cap 96 SCHEDULE [sections 17, 19 &
22] Ordinance Short title Sections, etc. Cap 200 Cap 210 Crimes
Ordinance. Theft Ordinance. S. 60 in respect of anything forming part of
land. S. 9 in respect of anything forming part of land. (Amended 21 of
1970 s. 35; 48 of 1972 s. 4; 14 of 1993 s. 13)

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