| 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 1950)) 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" (获受权人员) means a person authorized by the Director under section 4; (Added 14 of 1993 s. 2) "Director" (署长) means the Director of Agriculture, Fisheries and Conservation; (Added 14 of 1993 s. 2. Amended L.N. 331 of 1999) "forest" (林区) means any area of Government land covered with selfgrown trees; (Amended 29 of 1998 s. 105) "plantation" (植林区) 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" (局长) 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 (1) The Secretary may by regulation provide for- (a) the protection of trees, shrubs, and other plants from destruction, injury or removal; (b) (Repealed 14 of 1993 s. 3) (c) any such other matters as may appear to the Secretary advisable for the protection of forests and plants.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) (2) 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 (Replaced 14 of 1993 s. 4) Cap 96 s 5 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 6 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 7 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 8 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 9 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 10 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 11 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 12 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 13 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 14 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 15 (Repealed) (Repealed 14 of 1993 s. 5) Cap 96 s 16 Lighting fires in forests, etc. OFFENCES, PENALTIES AND FORFEITURE (1) Any person who- (a) has lit, or is using a fire which was lit, in or near any forest, plantation 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 or area of open countryside. (Amended 14 of 1993 s. 6) (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) Cap 96 s 17 Powers of inspection, search, seizure and arrest (1) 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- (a) stop the person for the purpose of requiring that he produce for inspection any special permit issued to him under section 23; (b) detain the person for a reasonable period while the authorized officer inquires about the suspected commission of the offence; (c) search the person and his property for anything that is likely to be of value to the investigation of the offence; and (d) 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. (2) 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) (a) an offence under section 16(1) or 21 or under any enactment specified in the Schedule; (b) 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- (i) the name of the person is unknown to, and cannot readily be ascertained by, the authorized officer; (ii) the authorized officer has reasonable grounds for doubting whether a name given by the person as his name is his real name; |
