| Remarks: Amendments retroactively made - see 29 of 1998 ss. 11 & 12 To provide for matters relating to Government land. (Amended 29 of 1998 s. 11) [1 October 1972] L.N. 186 of 1972 (Originally 54 of 1972) Cap 28 s 1 Short title Remarks: Amendments retroactively made - see 29 of 1998 s. 12 PART I PRELIMINARY This Ordinance may be cited as the Land (Miscellaneous Provisions) Ordinance. (Amended 29 of 1998 s. 12) Cap 28 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "authorized person" (获授权人) means any public officer, or other person, acting on the direction of the Authority given under section 6(2), (2A) or (4A) or section 12(2) and any public officer or other person assisting any such public officer or other person; (Amended 56 of 1979 s. 2) "contractor" (承判商), for an excavation or emergency excavation to which an excavation permit or emergency excavation permit relates, means- (a) any person who enters into a contract, express or implied, with the permittee of the permit to make or maintain all or any part of the excavation for such permittee; or (b) any person who enters into a contract, express or implied, to make or maintain all or any part of an excavation which the person referred to in paragraph (a) has to make or maintain under the contract referred to in paragraph (a); (Added 17 of 2003 s. 2)"emergency excavation" (紧急挖掘) means an excavation that is made or maintained consequential upon the occurrence of an emergency incident; (Added 17 of 2003 s. 2) "emergency excavation permit (紧急挖掘准许证) means an emergency excavation permit issued under section 10C; (Added 17 of 2003 s. 2) "emergency incident" (紧急事故) means an incident the occurrence of which reasonably requires an immediate excavation for the purpose of- (a) the prevention of injury to any person; (b) the saving of life of any person; (c) the prevention of damage to any property; or (d) the prevention of serious interruption or disruption to any public transport system or utility services; (Added 17 of 2003 s. 2)"excavation" (挖掘、挖掘工作) means an excavation of land; (Added 17 of 2003 s. 2) "excavation permit" (挖掘准许证) means an excavation permit issued under section 10A; (Replaced 17 of 2003 s. 2) "leased land" (已批租土地) means land which is- (a) held under a Government lease; or (Amended 29 of 1998 s. 105) (b) vested in a person by an Ordinance;"lessee" (承租人) means a person holding leased land; "licence" (许可证) means a licence issued under section 5; "licensee" (持证人) means a person occupying land under a licence or under a licence or permit granted or issued under any other Ordinance; "licensing authority" (发证当局) means the Authority empowered by section 5 to issue a licence; "nominated permittee" (指定持准许证人) means a person regarded as a nominated permittee under section 10G; (Added 17 of 2003 s. 2) "occupy" (占用) includes use, inhabit, be in possession of, enjoy, erect or maintain a structure on or over, and place or maintain anything on, land; "permittee" (持准许证人) means the holder of an excavation permit or emergency excavation permit; (Added 17 of 2003 s. 2) "private street" (私家街道) means a street or part of a street on leased land; "Review Board" (覆核委员会) means the Review Board constituted under section 10O; (Added 17 of 2003 s. 2) "structure" (构筑物) includes a stilt, platform, fence and any other thing erected on or over land; "unleased land" (未批租土地) means land which is not leased land; "urban area" (市区) means Hong Kong Island, Kowloon and New Kowloon. Cap 28 s 2A Application to Government (1) Subject to this section, Part III binds the Government so far as it relates to an excavation in unleased land which is a street maintained by the Highways Department. (2) Part III does not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Government or a person doing anything in the course of carrying out his duties as a public officer in the service of the Government. (3) If the Authority considers that a public officer, in carrying out his duties in the service of the Government, has done an act or made an omission in contravention of Part III, the Authority shall— (a) report the matter to the Secretary for the Environment, Transport and Works; and (b) in the report, advise him, that the act or omission has, as the case may be— (i) been terminated to the Authority's satisfaction; or (ii) not been terminated to the Authority's satisfaction.(4) On receiving a report under subsection (3) where paragraph (b)(ii) of that subsection is applicable, the Secretary for the Environment, Transport and Works shall investigate the matter to which the report relates and ascertain if the public officer concerned is continuing to contravene Part III or has stopped the contravention. |
