【法规名称】
【法规编号】 79472 什么是编号？
【正 文】
第7页 CAP 476 MARINE PARKS ORDINANCE
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[接上页] (5) The cost of any work carried out, or caused to be carried out, by the Authority under subsection (4) shall be recoverable, as a civil debt due to the Government, from the person or persons referred to in subsection (3)(a) or (b) or both irrespective of on whom the order under subsection (3) has been served. (6) Any person who- (a) carries out any work referred to in subsection (1) or any new development within any marine park or marine reserve without the prior approval of the Authority; or (b) fails to comply with an order served on him under subsection (3),commits an offence and is liable on conviction- (i) to a fine at level 5 and to imprisonment for 1 year; and (ii) to a fine of $5000 for each day during which it is proved to the satisfaction of the court that the offence has continued. (Enacted 1995) Cap 476 s 22 Licences and permits (1) Notwithstanding any provision of this Ordinance, the Authority may grant to any person a licence or permit in writing upon such terms and conditions as he thinks fit to do anything which is controlled under this Ordinance and may, after seeking the advice of the Board, grant to any person a licence or permit in writing upon such terms and conditions as he thinks fit to do anything which is otherwise prohibited under this Ordinance. (2) Any person aggrieved by the decision of the Authority in relation to the granting of or refusal to grant a licence or permit may, within 21 days of being notified of the decision of the Authority, appeal to the Administrative Appeals Board. (3) A decision of the Authority against which an appeal is brought under subsection (2) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Authority, be contrary to the public interest and the notice of the decision contains a statement to that effect. (Enacted 1995) Cap 476 s 23 Protection of the Government and public officers (1) No liability shall rest on the Government or upon any public officer by reason of the fact that any licence or permit is granted under this Ordinance. (2) A public officer shall not be personally liable in respect of any act or omission of his if it was done or made by him in the honest belief that it was required or authorized in the exercise of any function, duty or power of his under this Ordinance. (3) The protection conferred on public officers by subsection (2) in respect of any act or omission shall not in any way affect any liability of the Government in tort for that act or omission. (Enacted 1995) Cap 476 s 24 Authorized officers The Authority may, subject to such limitations as he thinks fit, authorize in writing any public officer or class of public officers to exercise any of the powers or perform any of the duties conferred or imposed on an authorized officer under this Ordinance or any regulation made thereunder. (Enacted 1995) Cap 476 s 25 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, he may without warrant and upon production of written evidence of his identity- (a) stop the person or, where the person is on board a vessel, stop and board that vessel for the purpose of requiring that the person produce for inspection- (i) proof of his identity; (ii) any licence or permit for the activities or works which he has carried out or is about to carry out or intends to carry out;(b) detain the person for a reasonable period while the authorized officer inquires about the suspected commission of the offence; (c) search the person, his property and the vessel for anything that is likely to be of value to the investigation of the offence; (d) seize any marine life or resources, or any utensils, equipment or appliances believed to be or to be capable of being evidence of the commission of the offence; and (e) detain the vessel which he is empowered by this section to stop, board and search until it has been searched.(2) It shall be lawful for an authorized officer to arrest without warrant any person whom he reasonably suspects of having committed an offence under this Ordinance or any regulation made thereunder if it appears to the authorized officer that service of a summons is impracticable because- (a) the name of the person is unknown to, and cannot readily be ascertained by, the authorized officer; (b) the authorized officer has reasonable grounds for doubting whether a name given by the person as his name is his real name; (c) the person has failed to give a satisfactory address for service; or (d) the authorized officer has reasonable grounds for doubting whether an address given by the person is a satisfactory address for service.(3) If any person who may lawfully be arrested under subsection (2) 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. |
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