Page:Prevention and Control of Disease Ordinance.pdf/11

PREVENTION AND CONTROL OF DISEASE ORDINANCE :(a) exercise the powers conferred on the health officer by this Ordinance; and
 * (b) deal with vessels and aircraft and persons and things on board the vessels and aircraft in the manner prescribed by this Ordinance.

11. Obstruction of health officers, etc.

(1) A person shall not obstruct, or assist in obstructing a health officer, a police officer, or a public officer or a person appointed under this Ordinance, in the exercise of a power or performance of a function under this Ordinance.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 2 months.

12. Compensation

(1) Where any article is damaged, destroyed, seized, surrendered or is submitted to any person pursuant to this Ordinance, the Director may order the payment of such compensation as is just and equitable in the circumstances.

(2) The Director shall serve an order made under subsection (1) on the person in respect of whom it is made, either personally or by post, within 7 days after the order is made.

(3) Any dispute arising from an order made under subsection (1) on the question whether compensation is payable or the amount of compensation shall, in the absence of agreement, be resolved or determined in accordance with this section.

(4) The dispute shall be resolved or determined by arbitration under the Arbitration Ordinance (Cap. 341) if the party disputing the Director's order ("the claimant), within 6 months after the Director makes the order, serves a notice on the Director notifying the Director that the dispute will be referred to arbitration and proceeds to arbitration in accordance with the Arbitration Ordinance (Cap. 341).

(5) Instead of proceeding to arbitration in accordance with the Arbitration Ordinance (Cap. 341) pursuant to subsection (4), the claimant may, within 6 months after the Director makes the order, institute civil proceedings for the determination of the dispute.

(6) Subsection (1) does not apply to cases for which compensation is provided for by regulations made under section 8.