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【法规名称】 
【法规编号】 44108  什么是编号?
【正  文】

第6页 CAP 139 PUBLIC HEALTH (ANIMALS AND BIRDS) ORDINANCE

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  (2) The grounds of such appeal shall be concisely stated in writing, and the appellant may, if he so desires, be present at the hearing of such appeal and be heard in its support either by himself or by his representative, and the Chief Executive in Council shall thereafter determine the matter in the absence of, and without further reference to, the Director. (Amended 17 of 1956 s. 2)
  
  (Added 38 of 1936 s. 2. Amended 65 of 1999 s. 3)
  
  Cap 139 s 12 Chief Executive in Council empowered in any appeal to state case for the opinion of Court of Appeal on question of law
  
  Remarks:
  
  Amendments retroactively made - see 25 of 1998 s. 2; 65 of 1999 s. 3
  
  (1) In any appeal under the provisions of section 11 the Chief Executive in Council may at any time in his discretion direct a case to be stated for the opinion of the Court of Appeal on any question of law involved in any appeal submitted to him. The terms of such case shall be agreed upon by the parties concerned, or in the event of their failure to agree shall be settled by the Court of Appeal. The Court of Appeal shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to the Chief Executive in Council who shall give effect by order to the finding of the court. The costs of such hearing shall be in the discretion of the court.
  
  (2) Any party to the appeal shall be entitled to be heard by counsel on the hearing of any case so stated.
  
  (3) No proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Chief Executive in Council in respect of anything arising out of this section.
  
  (4) The Clerk to the Executive Council shall give the appellant seven days' notice of the hearing of the appeal, and shall at the same time furnish the appellant with a copy of the evidence and documents submitted by the respondent for the consideration of the Chief Executive in Council: (Amended 14 of 1994 s. 24)
  
  Provided that nothing herein contained shall be deemed to prevent any person from applying to the Court of First Instance for a mandamus, injunction, prohibition or other order, should he elect so to do instead of appealing to the Chief Executive in Council under section 11. (Amended 25 of 1998 s. 2)
  
  (Added 38 of 1936 s. 2. Amended 92 of 1975 s. 59; 65 of 1999 s. 3)
  
  Cap 139 s 13 Order of Chief Executive in Council enforced by the Court
  
  Remarks:
  
  Amendments retroactively made - see 25 of 1998 s. 2; 65 of 1999 s. 3
  
  Every order of the Chief Executive in Council on any appeal shall be final and may be enforced by the Court of First Instance as if it had been an order of that court.
  
  (Added 38 of 1936 s. 2. Amended 92 of 1975 s. 59; 25 of 1998 s. 2; 65 of 1999 s. 3)
  
  Cap 139 s 14 Limitation of liability for acts done for purposes of Ordinance
  
  LIMITATION OF LIABILITY
  
  No matter or thing done by the Director or the Director of Food and Environmental Hygiene or by any member or officer of the Agriculture, Fisheries and Conservation Department or the Food and Environmental Hygiene Department or by any person whatsoever acting under the direction of the Director or the Director of Food and Environmental Hygiene shall, if it was done bona fide for the purpose of executing this Ordinance, subject them or any of them personally to any action, liability, claim or demand whatsoever: (Amended 17 of 1956 ss. 2 & 9; G.N. 1006 of 1960; 78 of 1999 s. 7; L.N. 331 of 1999)
  
  Provided that nothing herein contained shall exempt any person from any proceeding by way of mandamus, injunction, prohibition or other order unless it is expressly so enacted.
  
  Cap 139 s 15 Powers of entry
  
  MISCELLANEOUS
  
  For any of the purposes of this Ordinance or any regulations made thereunder or for the purpose of ascertaining whether or not the provisions of this Ordinance or of any such regulations or the terms or conditions of any licence or registration granted or made thereunder are being or have been complied with, the Director, the senior veterinary officer and any veterinary officer, assistant veterinary officer, health officer or inspector may, at any time during the hours of daylight, enter and, where necessary, in the presence of a police officer, break into any premises other than premises, or any part of any premises, used exclusively as a dwelling-house.
  
  (Added 25 of 1960 s. 3)
  
  Cap 139 s 15A Power to require personal particulars
  
  (1) The Director, the senior veterinary officer and any veterinary officer, assistant veterinary officer, health officer or inspector may require any person whom he reasonably suspects of having committed an offence under this Ordinance or contravened any regulation made under section 3 to give his correct name and address and produce documentary evidence to that effect.
  
  (2) Any person who without reasonable excuse fails to comply with a request made under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine of $50000 and to imprisonment for 3 months.
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