| An Ordinance to make provision for the constitution of Drainage Authority Areas and the carrying out of drainage works within such areas and for connected matters. (Enacted 1994) [31 March 1994] (Originally 20 of 1994) Cap 446 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Land Drainage Ordinance. (Enacted 1994) Cap 446 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "approved plan" (获批准图则) means a finalised draft plan approved by the Chief Executive in Council under section 11(1)(a); (Amended 61 of 1999 s. 3) "bank" (堤岸) means any bank, wall or embankment, adjoining, confining or constructed for the purpose of, or in connection with, any watercourse, and- (a) in the case of a watercourse within which tidal waters flow, includes all land between the bank of the watercourse and low water mark of mean spring tides; and (b) in the case of any other watercourse, includes all land between the bank of the watercourse and the water in the watercourse;"barrister" (大律师) has the meaning assigned to it in section 2 of the Legal Practitioners Ordinance (Cap 159); "Board" (上诉委员会) means a Drainage Appeal Board constituted under section 30; "compensatable interest" (可获补偿权益) means the estate or interest of- (a) a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than one month or a tenancy or subtenancy terminable (whether by virtue of an Ordinance or otherwise) by either party by not less than one month's notice; (b) a mortgagee in possession; (c) the holder of a valid and subsisting option to purchase an estate or interest referred to in paragraph (a) or (b); (d) a purchaser under an agreement for sale and purchase to whom the benefit of an estate or interest referred to in paragraph (a) or (b) has already passed;"domestic premises" (住宅) means any premises which are constructed or intended to be used for habitation; "draft plan" (草图) or "draft Drainage Authority Area plan" (排水监管区草图) means a draft plan notified in the Gazette under section 5; "Drainage Authority" (排水事务监督) means the Director of Drainage Services; "Drainage Authority Area" (排水监管区) means the Drainage Authority Area shown in a draft Drainage Authority Area plan notified in the Gazette under section 5 or an approved plan notified in the Gazette under section 11; "drainage works" (排水工程) includes- (a) the cleansing, scouring, dredging or desilting of any main watercourse; (b) the removal of any natural or artificial obstruction in any main watercourse; (c) the repair, strengthening, alteration or removal of any embankment for the purpose of defence against water; and (d) any works for the prevention or abatement of injury or damage which might be caused by the carrying out of any of the operations referred to in paragraph (a), (b) or (c);"emergency" (紧急情况) means the existence of a substantial risk of injury to any person or damage to any property caused by or consequential upon flooding; "land" (土地) includes- (a) land covered by water; and (b) the whole or part of any building or other erection or fixture on land;"Land Registry" (土地注册处) means the Land Registry established under the Land Registration Ordinance (Cap 128) and any District Land Registry established under the New Territories Ordinance (Cap 97); "main watercourse" (主要水道) means any main watercourse designated in a draft Drainage Authority Area plan notified in the Gazette under section 5 or an approved plan notified in the Gazette under section 11; "mortgage" (按揭) means a mortgage or charge registrable in the Land Registry; "obstruction" (障碍物) in Parts III and IV includes earth, stone, timber and material of all kinds artificially placed in any main watercourse; "occupier" (占用人) includes a tenant of an owner of land whether or not he pays rent and a person who resides in a building; "owner" (拥有人), in relation to land, means the person holding that land- (a) directly under a Government lease; or (b) under another title directly from the Government registered in the Land Registry; (Amended 29 of 1998 s. 105)"Panel" (上诉委员备选小组) means the panel of persons appointed to be the Drainage Appeal Board Panel under section 29(1); "registered professional engineer" (注册专业工程师) has the meaning assigned to it in section 2 of the Engineers Registration Ordinance (Cap 409); "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (Amended 61 of 1999 s. 3; L.N. 330 of 1999; L.N. 106 of 2002; 23 of 2002 s. 126) "solicitor" (律师) has the meaning assigned to it in section 2 of the Legal Practitioners Ordinance (Cap 159); "structure" (构筑物) in Parts III and IV, subject to section 21(3), includes a bridge, fence, barrier, post, culvert or pipe crossing; "watercourse" (水道) includes- |
