Forests and Countryside Ordinance | |
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Legislative Council of Hong Kong | |
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Citation | Cap. 96 |
Enacted by | Legislative Council of Hong Kong |
Legislative history | |
Introduced by | Attorney General C. G. Alabaster |
First reading | 23 June 1937 |
Second reading | 28 July 1937 |
Third reading | 28 July 1937 |
Amended by | |
1948, 1969, 1970, 1972, 1974, 1977, 1981, 1982, 1983, 1984, 1992, 1993, 1996, 1997, 1998, 1999, 2000, 2002, 2007 [1] | |
Status: Current legislation |
The Forests and Countryside Ordinance is a Hong Kong ordinance "to consolidate and amend the law relating to forests and plants, and to provide for the protection of the countryside". [2]
Under the Ordinance, no people, without lawful authority or excuse are allowed to:
..in any forest (any area of Government land covered with selfgrown trees) or plantation (any area of Government land which has been planted with trees or shrubs or sown with the seeds of trees or shrubs) of Hong Kong.
Forestry Regulations Cap. 96A is a part of Forests and Countryside Ordinance Cap.96. Under the regulations, it is illegal to sell, offer for sale, or have in one's possession or under one's custody or control any portion without legal excuse.
Hong Kong Basic Law Article 23 is an article in the Basic Law of Hong Kong. It states that Hong Kong "shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies."
The flag of Hong Kong, officially the regional flag of the Hong Kong Special Administrative Region of the People's Republic of China, depicts a white stylised five-petal Hong Kong orchid tree flower in the centre of a Chinese red field. Its original design was unveiled on 4 April 1990 at the Third Session of the Seventh National People's Congress. The current design was approved on 10 August 1996 at the Fourth Plenum of the Preparatory Committee of the Hong Kong Special Administrative Region. The precise use of the flag is regulated by laws passed by the 58th executive meeting of the State Council held in Beijing. The design of the flag is enshrined in Hong Kong's Basic Law, the territory's constitutional document, and regulations regarding the use, prohibition of use, desecration, and manufacture of the flag are stated in the Regional Flag and Regional Emblem Ordinance. The flag of Hong Kong was officially adopted and hoisted on 1 July 1997, during the handover ceremony marking the transfer of sovereignty from the United Kingdom back to China.
Right of abode in Hong Kong entitles a person to live and work in the territory without any restrictions or conditions of stay. Someone who has that right is a Hong Kong permanent resident. Foreign nationals may acquire the right of abode after meeting a seven-year residency requirement and are given most rights usually associated with citizenship, including the right to vote in regional elections. However, they are not entitled to hold territorial passports or stand for office in most Legislative Council constituencies, unless they also naturalise as Chinese citizens.
The freedom to roam, or "everyman's right", is the general public's right to access certain public or privately owned land, lakes, and rivers for recreation and exercise. The right is sometimes called the right of public access to the wilderness or the "right to roam".
The Shing Mun Country Park is a country park of Hong Kong, hugging the Shing Mun Reservoir.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
The law of the Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory. There are several sources of law, the primary ones being statutes enacted by the Legislative Council of Hong Kong and case law made by decisions of the courts of Hong Kong.
Out of the total 1,092 km² of Hong Kong land, three-quarters is countryside, with various landscapes including beaches, woodlands and mountain ranges within the small territory. Most of Hong Kong's parks have natural diversity, usually containing over 1,000 species of plants
Human rights protection is enshrined in the Basic Law and its Bill of Rights Ordinance (Cap.383). By virtue of the Bill of Rights Ordinance and Basic Law Article 39, the International Covenant on Civil and Political Rights (ICCPR) is put into effect in Hong Kong. Any legislation that is inconsistent with the Basic Law can be set aside by the courts.
Assarting is the act of clearing forested lands for use in agriculture or other purposes. In English land law, it was illegal to assart any part of a royal forest without permission. This was the greatest trespass that could be committed in a forest, being more than a waste: for whereas waste of the forest involves felling trees and shrubs, this vegetation can grow again; assarting involves completely rooting up all trees — the total extirpation of the forested area.
The Antiquities and Monuments Ordinance, in Hong Kong Law, was enacted in 1976 to preserve the objects of historical, archaeological and palaeontological interest and for matters ancillary thereto or connected therewith. It is administered by the Secretary for Home Affairs.
Rhododendron moulmainense, Westland's rhododendron, is a species of Rhododendron native to southern China, Myanmar, Malaysia, Thailand, and Vietnam.
The Office of Ombudsman is a Hong Kong statutory authority, established on 1 March 1989, charged with ensuring that Hong Kong is served by a fair and efficient public administration that is committed to accountable, openness and quality of services. It operates mainly by investigating and giving recommendations to government departments.
Forestry in India is a significant rural industry and a major environmental resource. India is one of the ten most forest-rich countries of the world. Together, India and these other 9 countries account for 67 percent of total forest area of the world. India's forest cover grew at 0.20% annually over 1990–2000, and has grown at the rate of 0.7% per year over 2000–2010, after decades where forest degradation was a matter of serious concern.
The alcohol laws of Hong Kong are consistent with those of most common law jurisdictions, but the sale of alcohol is more liberal than countries like Canada. It is strict when compared to China and Macau where there is no legal drinking age.
The practice of trial by jury has a long history in Hong Kong. Like most jurisdictions with jury trial, this tradition was introduced into Hong Kong when it became a British colony. The Ordinance for the Regulation of Jurors and Juries was first enacted in 1845. Ever since then, the practice of trial by jury has been important part of Hong Kong’s judicial system. This is also recognised in the Basic Law, Article 86: "The principle of trial by jury previously practised in Hong Kong shall be maintained."
The Public Order Ordinance (’POO’) is a piece of primary legislation in Hong Kong. It codifies a number of old common law public order offences. It imposes notification requirements for public processions and meetings which resemble a licensing regime. It also provides for the designation of restricted areas along the Hong Kong-China border and in the military installations. The 1967 Ordinance was enacted in the aftermath of the 1967 Leftist riots. For the following decades, the stringent control over public processions and meetings was relaxed incrementally until 1990s when it was brought in line with human rights standards. Upon Hong Kong handover, the amendments in the 1990s were decreed "not adopted as the laws of the HKSAR" by the NPCSC of China and therefore reverted.
The Emergency Regulations Ordinance is a law of Hong Kong that confers on the Chief Executive in Council the power to make regulations on occasions that the Chief Executive believes to be an emergency or public danger. It was first introduced in Colonial Hong Kong in 1922 to combat the seamen's strikes which had immobilised the city's ports, and was invoked on several occasions during the colonial rule.
The Prohibition on Face Covering Regulation ("PFCR") is a regulation prohibiting the wearing of face coverings in certain circumstances made by Chief Executive in Council under the Emergency Regulations Ordinance due to the 2019–2020 Hong Kong protests The Court of First Instance heard applications for judicial review from 24 members of the Legislative Council (LegCo) and Leung Kwok-hung, a former LegCo member, submitted in early October. On 18 November it ruled that both the prohibition on the wearing of masks and related powers granted to the police to enforce it are inconsistent with the Hong Kong Bill of Rights, whilst leaving the question of relief to a future hearing. On 22 November the court declared the PFCR invalid and of no effect, but suspended the application of that declaration till 29 November 2019. The government appealed the decision on 25 November to the Court of Appeal, which partially allowed the government's appeal. The prohibition of masks at unauthorised assemblies was ruled to be constitutional, but the power to remove masks and the prohibition on wearing masks at authorised assemblies was ruled unconstitutional. On appeal, the Court of Final Appeal upheld the constitutionality of the PFCR in its entirety, including the prohibition on face coverings at authorised assemblies and processions.