Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 1
Chapter: 28 LAND (MISCELLANEOUS PROVISIONS)
ORDINANCE
Gazette Number Version Date
Long title 29 of 1998 01/07/1997
Remarks:
Adaptation 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)
Part: I PRELIMINARY 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 12
Section: 1 Short title 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 12
This Ordinance may be cited as the Land (Miscellaneous Provisions) Ordinance.
(Amended 29 of 1998 s. 12)
Section: 2 Interpretation L.N. 1 of 2004 01/04/2004
In this Ordinance, unless the context otherwise requires-
"authorized person" (獲授權人) 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" (緊急挖掘) 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 (緊急挖掘准許證) means an emergency excavation permit issued under section 10C;
(Added 17 of 2003 s. 2)
"emergency incident" (緊急事故) 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)
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 2
"excavation permit" (挖掘准許證) 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" (許可證) means a licence issued under section 5;
"licensee" (持證人) means a person occupying land under a licence or under a licence or permit granted or issued
under any other Ordinance;
"licensing authority" (發證當局) means the Authority empowered by section 5 to issue a licence;
"nominated permittee" (指定持准許證人) means a person regarded as a nominated permittee under section 10G;
(Added 17 of 2003 s. 2)
"occupy" (佔用) includes use, inhabit, be in possession of, enjoy, erect or maintain a structure on or over, and place or
maintain anything on, land;
"permittee" (持准許證人) 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" (覆核委員會) means the Review Board constituted under section 10O; (Added 17 of 2003 s. 2)
"structure" (構築物) 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" (市區) means Hong Kong Island, Kowloon and New Kowloon.
Section: 2A Application to Government L.N. 130 of 2007 01/07/2007
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
(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 Development; 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 Development 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.
(5) If an investigation under subsection (4) shows that the public officer concerned is continuing to contravene
Part III, the Secretary for Development shall ensure that the best practicable steps are taken to—
(a) stop the contravention; and
(b) avoid the recurrence of any like contravention if he considers that the public officer concerned or any
other public officer, is likely to commit the like contravention.
(6) If—
(a) either—
(i) a report under subsection (3) is received where paragraph (b)(i) of that subsection is applicable;
or
(ii) an investigation under subsection (4) shows that the public officer concerned has stopped the
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 3
contravention; but
(b) the Secretary for Development considers that the public officer concerned or any other public officer,
is likely to commit a like contravention,
then the Secretary for Development shall ensure that the best practicable steps are taken to avoid the recurrence of the
like contravention.
(Added 17 of 2003 s. 3. Amended 130 of 2007)
Section: 3 Designation of Authorities 29 of 1998; 3 of
2000
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 12; 3 of 2000 s. 3
(1) For the purpose of the provisions of this Ordinance specified in the first column of the Schedule the
Authority shall, in the areas specified in the second column of that Schedule, be the person or public officer specified
in respect thereof in the third column of that Schedule. (Amended 23 of 1973 s. 36)
(2) The Chief Executive may by notice in the Gazette amend the Schedule. (Amended 3 of 2000 s. 3)
Part: II Occupation of Unleased Land E.R. 3 of 2015 12/11/2015
(*Format changes—E.R. 3 of 2015)
________________________________________________________________________
Note:
* The format of Part II has been updated to the current legislative styles.
Section: 4 Occupation of unleased land E.R. 3 of 2015 12/11/2015
Unleased land shall not be occupied except under a licence or a deed or memorandum of appropriation.
Section: 5 Issue and validity of licences E.R. 3 of 2015 12/11/2015
(1) The Authority may, on payment of the appropriate prescribed fee, issue a licence to occupy unleased land.
(2) Subject to subsection (3), a licence shall be valid for the period specified therein and may be renewed for such
period as the licensing authority thinks fit.
(3) A licence may be terminated by the licensing authority by giving such notice as may be specified in the licence.
Section: 6 Unlawful occupation of unleased land E.R. 3 of 2015 12/11/2015
(1) Subject to subsection (2A), if unleased land is occupied, otherwise than under a licence or a deed or
memorandum of appropriation, the Authority may cause a notice, requiring the occupation of the land to cease
before such date as may be specified in the notice, to be posted in one or more places- (Amended 56 of 1979 s.
3)
(a) on or near the land; or
(b) on any property or structure on the land.
(2) If the occupation of unleased land does not cease as required by a notice under subsection (1), any public officer,
or other person, acting on the direction of the Authority may, with the assistance of such other public officers or
other persons as may be necessary-
(a) remove from the land the persons (if any) thereon; and
(b) take possession of any property or structure on the land.
(2A) Notwithstanding subsection (1), where-
(a) a structure is being erected on or over unleased land, otherwise than under a licence or a deed or
memorandum of appropriation; or
(b) a structure has been erected on unleased land, otherwise than under a licence or a deed or memorandum of
appropriation, and the Authority is reasonably satisfied that the structure is not being habitually and bona
fide used,
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 4
any public officer, or other person, acting on the direction of the Authority may, with the assistance of such other
public officers or other persons as may be necessary, and without giving any notice-
(i) remove from the structure any person or property therein;
(ii) demolish the structure; and
(iii) take possession of such property and of any property resulting from the demolition of the structure. (Added
56 of 1979 s. 3)
(3) Any property or structure of which possession is taken under subsection (2)(b) or subsection (2A)(iii) shall
become the property of the Government free from the rights of any person and may be demolished or otherwise
dealt with as the Authority thinks fit. (Amended 56 of 1979 s. 3; 29 of 1998 s. 105)
(4) Any person occupying unleased land, otherwise than under a licence or a deed or memorandum of appropriation,
who without reasonable excuse does not cease to occupy the same as required by a notice under subsection (1)
shall be guilty of an offence. (Amended 3 of 2015 s. 3)
(4AA) A person who is guilty of an offence under subsection (4) is liable—
(a) on the first occasion on which the person is convicted of the offence, to a fine of $500000 and to
imprisonment for 6 months and, in the case of a continuing offence, to a further fine of $50000 for each day
during which the offence continues; and
(b) on each subsequent occasion on which the person is convicted of the offence, to a fine of $1000000 and to
imprisonment for 6 months and, in the case of a continuing offence, to a further fine of $100000 for each
day during which the offence continues. (Added 3 of 2015 s. 3)
(4A) Any person who-
(a) is engaged in any way in the erection of a structure on unleased land; or
(b) arranges or directs the erection of a structure on unleased land,
being a structure being erected otherwise than under a licence or a deed or memorandum of appropriation, shall
be guilty of an offence. (Added 56 of 1979 s. 3. Amended 46 of 1982 s. 2; 3 of 2015 s. 3)
(4B) A person who is guilty of an offence under subsection (4A) is liable—
(a) on the first occasion on which the person is convicted of the offence—
(i) if the contravening act is done for the purpose of disposing of the structure for the gain of the person or
another (gainful purpose)—to a fine of $2500000 and to imprisonment for 1 year; or
(ii) if the contravening act is done for any other purpose—to a fine of $500000 and to imprisonment for 6
months; and
(b) on each subsequent occasion on which the person is convicted of the offence—
(i) if the contravening act is done for a gainful purpose—to a fine of $5000000 and to imprisonment for 1
year; or
(ii) if the contravening act is done for any other purpose—to a fine of $1000000 and to imprisonment for 6
months. (Added 3 of 2015 s. 3)
(5) The Authority may recover from any person convicted of an offence under subsection (4) or (4A) any cost
incurred in or arising out of the demolition of any property or structure under subsection (2A) or (3) and the
exercise of the powers conferred by this section. (Amended 56 of 1979 s. 3)
(6) In any court proceedings for an offence under subsection (4) or (4A), the court may, on application by the
Authority or on the court’s own initiative, order the person convicted of the offence to pay the cost mentioned
in subsection (5). (Added 3 of 2015 s. 3)
(7) The cost mentioned in subsection (5) may be recovered from or ordered against a person in addition to any
penalty imposed on the person under subsections (4AA) and (4B) for the offence. (Added 3 of 2015 s. 3)
Section: 6A Presumption E.R. 3 of 2015 12/11/2015
In any proceedings for an offence under paragraph (a) or (b) of section 6(4A) in respect of any structure, any person
who is proved to have done any act specified in paragraph (a) or (b) of that section shall, until the contrary is proved,
be presumed to have done so for the purpose of disposing of that structure for gain.
(Added 46 of 1982 s. 3)
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 5
Section: 7 Prohibition of removal of earth, turf or stone from
unleased land
E.R. 3 of 2015 12/11/2015
(1) No person shall extract or remove earth, turf or stone from unleased land except under and in accordance with a
removal permit issued under this section.
(2) The Authority may issue a removal permit authorizing the extraction and removal of earth, turf or stone from
unleased land.
(3) A removal permit shall be valid for the period specified therein, but the Authority may extend the period for
which the permit is valid.
(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a
fine of $250000 and to imprisonment for 6 months. (Amended 3 of 2015 s. 4)
Part: III EXCAVATION IN UNLEASED LAND* L.N. 1 of 2004 01/04/2004
(Part III replaced 17 of 2003 s. 4)
_______________________________________________________________________
Note:
*This Part was amended by section 4 of the Land (Miscellaneous Provisions) (Amendment) Ordinance 2003
(17 of 2003). The transitional provisions contained in section 10 of that Amendment Ordinance read as
follows—
“10. Transitional provisions
(1) Notwithstanding anything contained in this Ordinance, the pre-amended Ordinance shall
continue to apply to an excavation in unleased land which is being made or maintained or is to be made
or maintained pursuant to—
(a) an excavation permit or an extension in respect of an excavation permit which is in force
immediately before or on the commencement date and continues in force after the
commencement date; or
(b) an excavation permit or an extension in respect of an excavation permit the application
for the issue or the grant of which is made before the commencement date and which is
issued or granted on or after the commencement date.
(2) Where immediately before the commencement date, an application has been made under the
pre-amended Ordinance for the issue of or the grant of an extension in respect of an excavation permit,
the application is to continue to have effect and is to be dealt with in all respects as if this Ordinance
had never been enacted.
(3) For the purpose of this section—
“commencement date”# (生效日期) means the day appointed under section 1(2) as the day on which
this Ordinance comes into operation;
“excavation permit” (挖掘准許證 ) has the same meaning as in section 2 of the pre-amended
Ordinance;
“pre-amended Ordinance” (未經修訂的條例) means the Land (Miscellaneous Provisions) Ordinance
(Cap 28) which is in force immediately before the commencement date.”.
# Commencement date: 1 April 2004.
Section: 8 Interpretation L.N. 130 of 2007 01/07/2007
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
(1) For the purpose of this Part and the Schedule—
"carriageway" (車路) means a street or part of a street over which the public has a right of way for the passage of
motor vehicles;
"initial period" (首段期間) means the initial period mentioned in section 10C(3);
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 6
"Secretary" (局長) means the Secretary for Development; (Amended L.N. 130 of 2007)
"street" (街道) includes any slope not used or frequented by the public or to which the public do not have access or
are not permitted to have access;
"street maintained by the Highways Department" (由路政署維修的街道) includes any road defined under section 2
of the Tramway Ordinance (Cap 107) which is not reserved exclusively for use by trams.
(2) Any reference in this Part or the Schedule to a street shall be construed as a street in unleased land and
maintained by the Highways Department.
Section: 9 Application of certain provisions L.N. 1 of 2004 01/04/2004
(1) Sections 10C, 10D, 10E(2), 10F, 10L, 10M, 10N, 10O, 10P, 10U, 18B and 18C only apply in the case of an
excavation in a street.
(2) Sections 10B and 10R only apply in the case of an excavation in unleased land, other than streets.
Section: 10 Control of excavations in unleased land L.N. 1 of 2004 01/04/2004
(1) Except under and in accordance with a prospecting licence, mining licence or sand removal permit, or a
lease, licence, deed of appropriation, memorandum of appropriation or engineering conditions for land allocation,
issued by the Director of Lands, a person shall not make or maintain any excavation in unleased land unless—
(a) either—
(i) he is the holder of an excavation permit or emergency excavation permit; or
(ii) he is the contractor of the holder of an excavation permit or emergency excavation permit; and
(b) he so makes or maintains the excavation under and in accordance with the permit.
(2) Subject to subsection (6), a person who contravenes subsection (1) by making or maintaining an excavation
in unleased land without being—
(a) the holder of an excavation permit or emergency excavation permit; or
(b) the contractor of the holder of an excavation permit or emergency excavation permit,
shall be guilty of an offence and shall be liable on conviction to a fine at level 5 and to imprisonment for 6 months.
(3) Subject to subsection (6), a person who contravenes subsection (1) by making or maintaining an excavation
in unleased land in contravention of any condition of an excavation permit or emergency excavation permit shall be
guilty of an offence and shall be liable on conviction to a fine at level 5.
(4) Subject to subsection (7), where—
(a) any person, other than a permittee of an excavation permit or emergency excavation permit, makes or
maintains an excavation or emergency excavation to which the permit relates;
(b) there is a breach of any condition of the permit as a result of any conduct of the person; and
(c) there is no nominated permittee in relation to the permit at the time of the breach of the condition,
the permittee shall be guilty of an offence and shall be liable on conviction to a fine at level 5.
(5) Subject to subsection (7), where—
(a) any person, other than a permittee of an excavation permit or emergency excavation permit, makes or
maintains an excavation or emergency excavation to which the permit relates;
(b) there is a breach of any condition of the permit as a result of any conduct of the person; and
(c) there is a nominated permittee in relation to the permit at the time of the breach of the condition,
then—
(d) where the condition is under the permit to be complied with by the permittee, the permittee shall be
guilty of an offence and shall be liable on conviction to a fine at level 5;
(e) where the condition is under the permit to be complied with by the nominated permittee, the nominated
permittee shall, unless he is already guilty of an offence under subsection (3), be guilty of an offence
and shall be liable on conviction to a fine at level 5; or
(f) where the condition is under the permit to be complied with by both the permittee and the nominated
permittee, then—
(i) the permittee, unless he is already guilty of an offence under subsection (3); and
(ii) the nominated permittee, unless he is already guilty of an offence under subsection (3),
shall each be guilty of an offence and shall each be liable on conviction to a fine at level 5.
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 7
(6) It shall be a defence for a person, other than a nominated permittee, charged with an offence under
subsection (2) or (3) to show that—
(a) he was making or maintaining the excavation in question under the direction of another person; and
(b) he believed on reasonable grounds that—
(i) that other person was authorized under an excavation permit or emergency excavation permit to
make and maintain the excavation; and
(ii) he was authorized by virtue of the permit to make and maintain the excavation.
(7) It shall be a defence for a permittee or nominated permittee of an excavation permit or emergency
excavation permit charged with an offence under subsection (4) or (5) to show that the person referred to in subsection
(4)(a) or (5)(a)(as the case may be) was not authorized by him to make or maintain the excavation or emergency
excavation to which the permit relates.
(8) If any person makes or maintains an excavation in unleased land, without an excavation permit or
emergency excavation permit, the Authority may—
(a) carry out such works as he considers necessary to reinstate and make good—
(i) the unleased land; and
(ii) any other land the reinstatement and making good of which is in his opinion necessary in
consequence of the excavation; and
(b) recover the cost of any work carried out by him under this subsection from the person.
Section: 10A Issue of excavation permit L.N. 1 of 2004 01/04/2004
(1) The Authority may, on payment of the appropriate prescribed fee and subject to such conditions as he
thinks fit, issue an excavation permit, authorizing the making and maintaining of excavations in unleased land.
(2) An excavation permit shall be valid for the period specified therein as that for which it is valid unless it is
terminated under section 10K.
(3) The Authority may, on payment of the appropriate prescribed fee, extend the period for which an
excavation permit is valid.
(4) Where—
(a) the Authority issued an excavation permit for an excavation; and
(b) the permittee of the permit is unable to have access to—
(i) a reasonably substantial portion of the street concerned for the purpose of making or maintaining
the excavation, after the commencement of the period for which the permit is valid but before the
commencement of the excavation, for reason other than the fault of the permittee, the contractor
for the excavation or their employees; or
(ii) a reasonably substantial portion of the land concerned, other than a street, for the purpose of
making or maintaining the excavation, after the commencement of the period for which the
permit is valid, for reason other than the fault of the permittee, the contractor for the excavation
or their employees,
the Authority may, without payment of any prescribed fee or any part thereof (other than that paid under subsections
(1) and (3)), extend that period by the number of days for which the permittee is so unable to have access to the land.
(5) Subject to section 10L, any prescribed fee paid under subsection (1) is not refundable.
Section: 10B Exemption L.N. 1 of 2004 01/04/2004
(1) Any person who intends to make and maintain an excavation in unleased land may apply to the Authority in
writing to exempt the excavation from complying with all or any provision of this Part and shall set out the reasons for
the application.
(2) On receipt of an application made under subsection (1), the Authority may by notice in writing exempt the
excavation referred to in the application from all or any provision of this Part if the Authority is of the opinion that the
excavation—
(a) is minor;
(b) will not involve or is unlikely to involve lateral support or substantial work in terms of the extent,
duration and size of the excavation and the area that will be or is likely to be affected by the
excavation;
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 8
(c) will not cause or is unlikely to cause any inconvenience or danger to the public;
(d) will not cause or is unlikely to cause any delay to traffic; and
(e) will not pose or is unlikely to pose a danger to any underground apparatus or properties.
Section: 10C Issue of emergency excavation permit L.N. 1 of 2004 01/04/2004
(1) The Authority may, subject to such conditions as he thinks fit, issue an emergency excavation permit,
authorizing the making and maintaining of emergency excavations.
(2) An emergency excavation permit shall be valid for 6 months unless it is terminated under section 10K.
(3) During the period for which an emergency excavation permit is valid, the permittee of the permit may,
subject to the conditions specified in the permit, make and maintain an emergency excavation for each emergency
incident during a period (“initial period”) of 7 days from the date of the report of the incident to the Authority.
(4) The Authority may require a permittee to pay the appropriate prescribed fee for an emergency excavation
made or maintained during the initial period either before or after the expiration of the initial period.
(5) For the purpose of calculation of the appropriate prescribed fee, the duration of an emergency excavation
which can be completed within the initial period shall be—
(a) the number of days commencing from the date of the report of the emergency incident to the Authority
and expiring on the date of the report of the completion of the excavation to the Authority; or
(b) 7 days if there is no report of the completion of the excavation to the Authority.
(6) Subject to section 10L, any prescribed fee paid under subsection (4) is not refundable.
(7) Where—
(a) the Authority issued an emergency excavation permit for an excavation; and
(b) the permittee of the permit is unable to have access to a reasonably substantial portion of the land
concerned for the purpose of making or maintaining the excavation, after the date of the report of the
emergency incident concerned to the Authority under subsection (3) but before the commencement of
the excavation, for reason other than the fault of the permittee, the contractor for the excavation or
their employees,
the Authority may, without payment of any prescribed fee or any part thereof (other than that required to be paid under
subsection (4)), extend the initial period by the number of days for which the permittee is so unable to have access to
the land.
Section: 10D Emergency excavation which lasts for more than 7 days L.N. 1 of 2004 01/04/2004
(1) If the permittee of an emergency excavation permit anticipates that he has to make or maintain an
emergency excavation for more than 7 days, the permittee shall apply to the Authority for the issue of an excavation
permit before the expiry of the initial period of the excavation.
(2) Upon receipt of an application mentioned in subsection (1)—
(a) an excavation permit is deemed to be issued to the permittee of an emergency excavation permit—
(i) on the same terms and conditions as an emergency excavation permit; and
(ii) commencing from the date of the commencement of the emergency incident to which an
emergency excavation permit relates and expiring on the date of the notification of the result of
the application; and
(b) the initial period under an emergency excavation permit is deemed to be extinguished.
(3) The Authority shall determine the period for which an excavation permit deemed to be issued under
subsection (2)(a) shall be valid and may revise the expiry date of the permit to a date which is later than the original
expiry date.
(4) If the period determined by the Authority under subsection (3) is shorter than the period applied for by the
permittee under subsection (1), the Authority may, in respect of an excavation permit deemed to be issued under
subsection (2)(a), grant an extension for a period commencing from a date next following the expiry of the permit and
expiring on the last day of the period applied for by the permittee.
(5) The Authority may require a permittee to pay the appropriate prescribed fee for an excavation permit
deemed to be issued and an extension granted under this section.
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 9
Section: 10E Refusal of issue of excavation permit L.N. 1 of 2004 01/04/2004
(1) The Authority may refuse to issue an excavation permit or emergency excavation permit if—
(a) he reasonably believes that the person making the application for the issue of the permit—
(i) is not a fit and proper person to make or maintain any excavation in unleased land;
(ii) cannot comply with the conditions imposed under the permit; or
(iii) does not have sufficient financial resources to make or maintain an excavation to which the
permit relates;
(b) in the opinion of the Authority, the application to which the permit relates is unreasonable; or
(c) having regard to the circumstances of the case, the issue of the permit is, in the opinion of the
Authority, inappropriate in such circumstances.
(2) In addition to the grounds specified in subsection (1), the Authority may, on reasonable grounds—
(a) refuse to issue an excavation permit or emergency excavation permit if—
(i) the person who makes the application for the issue of the permit fails to submit the application
within the time limit specified by the Authority under section 18C; or
(ii) the street to which the permit relates is a newly constructed street specified by the Authority
under section 18C;
(b) refuse to extend the period for which an excavation permit is valid if the person who makes the
application for the extension fails to submit the application within the time limit specified by the
Authority under section 18C.
(3) Where the Authority refuses to issue a permit or extend the period for which a permit is valid, he shall
notify the person who made the application in writing of the grounds for such refusal.
Section: 10F Late application for extension of excavation permit L.N. 1 of 2004 01/04/2004
(1) Without prejudice to section 10E(2), where—
(a) a permittee applies for an extension of the validity period of an excavation permit beyond the time
limit specified for such excavation under section 18C but before the expiry date of the permit;
(b) the application is accompanied by the appropriate prescribed fee based on the duration of the period
applied for by the permittee; and
(c) the Authority has not made his decision on the application on or before the expiry date of the permit,
the permit shall, unless sooner terminated under this Ordinance and subject to subsection (2), be deemed to be
extended up to the expiry of the period applied for by the permittee.
(2) The Authority shall determine the period for which an excavation permit deemed to be extended under
subsection (1) shall be valid and may revise the expiry date of the permit to a date which is earlier than the expiry date
in subsection (1).
(3) The Authority shall serve a notice of his determination under subsection (2) on the permittee concerned.
(4) If the period determined by the Authority under subsection (2) is shorter than the period applied for by the
permittee concerned, he shall refund any extra prescribed fee to the permittee without interest.
Section: 10G Nominated permittee L.N. 1 of 2004 01/04/2004
For the purposes of this Ordinance, a contractor is regarded as a nominated permittee in relation to an excavation
permit or emergency excavation permit if—
(a) he is nominated by a permittee of the permit as a nominated permittee under section 10H;
(b) he consents to the nomination and agrees to comply with the conditions in the permit under section
10I; and
(c) the Authority approves the nomination under section 10J.
Section: 10H Nomination by permittee L.N. 1 of 2004 01/04/2004
(1) A contractor shall not be regarded as being nominated as a nominated permittee in relation to an excavation
permit or emergency excavation permit unless the permittee of the permit has sent to the Authority a notice in writing
nominating that contractor as the nominated permittee of the permit.
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 10
(2) A permittee of an excavation permit or emergency excavation permit may withdraw the nomination of a
contractor under subsection (1) by sending a notice of withdrawal to the Authority and the contractor.
(3) A notice of withdrawal referred to in subsection (2) takes effect on the date of the receipt of the notice by
the Authority or such later date as is specified in the notice.
Section: 10I Consent and agreement by nominated permittee L.N. 1 of 2004 01/04/2004
(1) A contractor shall not be regarded as giving the consent and agreement referred to in section 10G(b) as a
nominated permittee in relation to an excavation permit or emergency excavation permit unless that contractor has
sent to the Authority a notice in writing to that effect.
(2) A nominated permittee in relation to an excavation permit or emergency excavation permit may withdraw
his consent and agreement referred to in subsection (1) by sending a notice of withdrawal to the Authority and the
permittee of the permit.
(3) A notice of withdrawal referred to in subsection (2) takes effect on the date of the receipt of the notice by
the Authority or such later date as is specified in the notice.
Section: 10J Approval by Authority of nomination L.N. 1 of 2004 01/04/2004
(1) The Authority may approve the nomination of a contractor as a nominated permittee.
(2) The Authority may withdraw his approval under subsection (1) to the nomination of a contractor as a
nominated permittee in relation to an excavation permit or emergency excavation permit—
(a) if the Authority is satisfied that the nominated permittee is incapable of complying with any of the
conditions which under the permit are to be complied with by the nominated permittee; and
(b) by sending a notice of withdrawal to the permittee of the permit and the nominated permittee.
(3) A notice of withdrawal referred to in subsection (2) takes effect on the date specified in the notice.
Section: 10K Termination of excavation permit or emergency
excavation permit
L.N. 1 of 2004 01/04/2004
(1) If there is a breach of any condition of an excavation permit or emergency excavation permit, the Authority
may terminate the permit by—
(a) serving a notice of the termination to the permittee of the permit and the nominated permittee (if any)
in relation to the permit; and
(b) posting a notice of the termination at a conspicuous place on the unleased land to which the permit
relates.
(2) An excavation permit or emergency excavation permit is regarded as terminated from the date of the
posting of the notice of the termination relating to it under subsection (1)(b).
(3) For the avoidance of doubt, it is declared that there shall be no refund of any prescribed fee paid under
section 10A(1) or (3), or 10C(4) or 10D(5) in respect of or in connection with an excavation permit or emergency
excavation permit which is terminated under this section.
(4) Where an excavation permit or emergency excavation permit is terminated, the termination does not affect
—
(a) the power of the Authority to require a permittee of the permit to pay the appropriate prescribed fee
under section 10C(4) or 10D(5); and
(b) the obligation of the permittee to pay the appropriate prescribed fee as required by the Authority under
that section.
Section: 10L Refund of daily fee and economic costs paid for extension
of excavation permit
L.N. 1 of 2004 01/04/2004
(1) The Authority may refund the whole or any part of the economic costs paid for an extension of an
excavation permit if—
(a) the permittee of the permit makes an application—
(i) for a refund of the economic costs within one month from the date of the notification of the result
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 11
of the application for an extension of the excavation permit; and
(ii) stating the reasons and setting out the evidence in support of the application; and
(b) the Authority is satisfied that the extension is caused by reasons other than the fault of a permittee of
the permit, its contractors and employees, including but not limited to the following—
(i) inclement weather which includes the hoisting at the Hong Kong Observatory of—
(A) the No. 3 visual storm warning or above;
(B) rainstorm warning;
(ii) suspension of excavation on order of the Government which is not due to the fault of the
permittee, its contractors or employees;
(iii) physical condition of the unleased land to which the permit relates and which is not in existence
at the time of the application of the permit; and
(c) the Authority is satisfied that the reasons mentioned in paragraph (b) hindered the progress of an
excavation to which the permit relates.
(2) Where—
(a) the permittee of an excavation permit completes an excavation to which the permit relates before the
expiry date of the permit or the extended period of the permit;
(b) the permittee notifies the Authority of the completion of the excavation; and
(c) the Authority is satisfied that the permittee has reinstated the land to which the permit relates as
required by the conditions of the permit,
the Authority may refund a sum which is equivalent to the daily fee and economic costs (if any) paid in respect of the
period commencing from the date next following the date of notification of the completion of the excavation and
expiring on the expiry date of the permit or the extended period of the permit, as the case may be.
(3) Any refund of daily fee or economic costs under this section shall be paid by the Authority without interest.
(4) In this section, "rainstorm warning" (暴雨警告) means a warning issued by the Director of the Hong Kong
Observatory of a heavy rainstorm in, or in the vicinity of, Hong Kong by the use of the heavy rainstorm signal
commonly referred to as Amber, Red or Black.
Section: 10M Review of assessment L.N. 1 of 2004 01/04/2004
(1) A public officer of the rank of Chief Technical Officer, Engineer or Senior Engineer or a public officer of
equivalent rank with engineering qualifications relevant to the excavation concerned (collectively referred to as "the
Engineer") in the Highways Department acting as the delegate of the Director of Highways shall make an assessment
on—
(a) the duration of an excavation permit if he exercises the Director of Highways' power under section
10A(1);
(b) the duration of the initial period of an emergency excavation according to section 10C(5) if he
exercises the Director of Highways' power under section 10C(4);
(c) the duration of an extended period of an excavation permit extended under section 10A(3) if he
exercises the Director of Highways' power under that section;
(d) the duration of an extended period of an excavation permit extended under section 10A(4) if he
exercises the Director of Highways' power under that section;
(e) the duration of an extended period of an excavation permit extended under section 10D(4) if he
exercises the Director of Highways' power under that section;
(f) the duration of an extended period of an excavation permit extended under section 10F(2) if he
exercises the Director of Highways' power under that section;
(g) whether an extension is caused by reasons mentioned in section 10L(1)(b) if he exercises the Director
of Highways' power under section 10L(1);
(h) whether the reasons mentioned in section 10L(1)(b) hindered the progress of an excavation to which
the excavation permit relates if he exercises the Director of Highways' power under section 10L(1);
(i) whether a permittee has satisfied the matters in section 10L(2)(a), (b) and (c) if he exercises the
Director of Highways' power under section 10L(2).
(2) The Engineer who made an assessment under subsection (1) shall serve a notice of the result of his
assessment on the permittee concerned.
(3) A permittee who is aggrieved by an assessment made in respect of him under subsection (1) may—
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 12
(a) within 28 days from the date of service of the notice under subsection (2), apply in writing to a public
officer of the rank of Chief Engineer or Government Engineer or a public officer of equivalent rank
with engineering qualifications relevant to the excavation concerned (collectively referred to as "the
Chief Engineer") in the Highways Department for a review of the Engineer's assessment;
(b) set out the result of his own assessment in an application made under paragraph (a).
(4) On receipt of an application under subsection (3), the Chief Engineer shall review the assessment of the
Engineer and serve a notice of the result of his review on the permittee concerned within 28 days from the date of the
receipt of the application for review.
(5) On a review under subsection (4), the Chief Engineer may—
(a) vary the assessment complained of;
(b) require a permittee who applied for a review under subsection (3) to pay extra prescribed fee; and
(c) refund the prescribed fee or any part of the prescribed fee paid by the permittee.
(6) After receipt of an application under subsection (3), if the Chief Engineer fails to serve a notice of the result
of his review on the permittee concerned within the time specified in subsection (4), then—
(a) where subsection (3)(b) is applicable, the result of the permittee's assessment shall be taken to be the
result of the Chief Engineer's review; or
(b) in any other case, the assessment made by the Engineer under subsection (1) on the subject matter of
the application shall be taken to be the result of the Chief Engineer's review,
and the Chief Engineer may, in accordance with the result of the review, exercise any of the powers conferred on him
under subsection (5).
(7) A permittee who is aggrieved by a decision made in respect of him under subsection (5) may—
(a) within 28 days from the date of service of the notice under subsection (4), apply in writing to the
Director of Highways for a review of the Chief Engineer's decision;
(b) set out the result of his own assessment in an application made under paragraph (a).
(8) On receipt of an application under subsection (7), the Director of Highways shall notify the Secretary who
will set up a Review Board in accordance with section 10O.
(9) The Review Board may fix a time and place for hearing an application for review under subsection (7) and
invite the permittee concerned and the Chief Engineer who made the decision complained of to present their case.
(10) A permittee who is invited to appear before a Review Board under subsection (9) may appear in person or
may be represented by his authorized representative.
(11) The Director of Highways shall serve a notice of the Review Board's decision on the permittee concerned
within 14 days from the date of the decision of the Review Board.
(12) The Director of Highways shall appoint a public officer to be the secretary of the Review Board and the
officer shall keep a record of every meeting of the Review Board.
(13) The Review Board may—
(a) vary the decision complained of;
(b) require a permittee who applied for a review under subsection (7) to pay extra prescribed fee; and
(c) refund any prescribed fee or any part of the prescribed fee paid by the permittee.
(14) After receipt of an application under subsection (7), if the Director of Highways fails to serve a notice of the
Review Board's decision on the applicant within the time specified in subsection (11), then—
(a) where subsection (7)(b) is applicable, the result of the permittee's assessment shall be taken to be the
decision of the Review Board; or
(b) in any other case, the decision made by the Chief Engineer under subsection (5) on the subject matter
of the application shall be taken to be the decision of the Review Board,
and the Review Board may, in accordance with the decision, exercise any of the powers conferred on it under
subsection (13).
(15) Except a decision relating to an assessment made under subsection (1)(d), (g), (h) or (i), the following
decision shall be final—
(a) any decision made under subsection (13); or
(b) any decision taken to be the decision of the Review Board under subsection (14).
(16) An application for a review of an assessment or decision made under this section does not affect the
obligation of a permittee to pay the appropriate prescribed fee as required by the Authority under this Part.
(17) Any payment of extra prescribed fees and refund of prescribed fees or any part thereof under this section
shall be paid by a permittee or the Authority, as the case may require, without interest.
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 13
Section: 10N Review Panel L.N. 1 of 2004 01/04/2004
(1) The Secretary may appoint a panel of not more than 20 persons ("the Review Panel") whom he considers
suitable to sit as members of a Review Board to review the Chief Engineer's decision under section 10M(5).
(2) The Secretary shall not appoint any public officer to the Review Panel.
(3) A person appointed under subsection (1) shall hold office for a period of 3 years and may—
(a) be reappointed;
(b) resign by notice in writing served on the Secretary.
(4) A person appointed under subsection (1) shall not hold office for more than 6 consecutive years.
Section: 10O Review Board L.N. 1 of 2004 01/04/2004
(1) On receipt of a notification under section 10M(8), the Secretary shall—
(a) compile a list of the names of members whom he intends to appoint to constitute the Review Board to
review the Chief Engineer's decision under section 10M(5);
(b) serve a notice on the members mentioned in paragraph (a) requiring them to make a declaration as to
whether they have or do not have any direct or indirect interest in the review concerned within 7 days
from the date of service of the notice; and
(c) serve a notice on the permittee concerned notifying him the names of the members mentioned in
paragraph (a) and his right to raise any objection on the appointment of any member on the ground that
the member has direct or indirect interest in the review within 7 days from the date of service of the
notice.
(2) The objection in subsection (1)(c) shall be in writing and shall be accompanied by all written statements
and other documentary evidence relied upon by the permittee concerned in support of the objection.
(3) After the expiry of the period allowed for the declaration of interest and the raising of objection under
subsection (1)(b) and (c), the Secretary shall, subject to subsections (5) and (6), finalize the composition of the Review
Board by appointing 3 or 5 persons (excluding the Chairman) from the list compiled under subsection (1) to constitute
the Review Board after taking into consideration the declaration of interest of the members and the objection raised by
the permittee concerned.
(4) The Director of Highways shall be the Chairman of the Review Board.
(5) For the purpose of subsection (3), the Secretary shall appoint—
(a) at least one public officer of the rank of Government Engineer or above or a public officer of
equivalent rank with engineering qualifications relevant to the excavation concerned from the
Highways Department;
(b) at least one member from the Review Panel; and
(c) 1 or 3 other persons as he thinks fit.
(6) The majority of the persons constituting a Review Board, excluding the Chairman, shall be persons other
than public officers.
(7) If at any time during the review proceedings, it is discovered that any member of the Review Board has a
direct or indirect interest in the review concerned, the Chairman may adjourn the proceedings and inform the
Secretary.
(8) The Secretary shall terminate the appointment of the member and appoint another member by applying the
procedures in subsections (1), (2) and (3) with necessary modification as he thinks fit.
(9) After the appointment of a new member under subsection (8), the Review Board may rehear the application
wholly or in part if it is satisfied that it is just to do so.
Section: 10P Proceedings of Review Board L.N. 1 of 2004 01/04/2004
(1) The Review Board shall not proceed to hear an application for a review of the Chief Engineer's decision
under section 10M(5) at a hearing other than to adjourn unless all the members appointed under section 10O(3) are
present.
(2) All the matters for determination at a hearing of the Review Board shall be decided by a majority of vote of
the members present.
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 14
(3) The Chairman shall not vote at the hearing of the Review Board.
(4) In case there is an equality of votes, the Chairman shall discharge the Review Board and notify the
Secretary.
(5) On receipt of the notification under subsection (4), the Secretary shall apply the procedures in section
10O(1), (2) and (3) with necessary modification to appoint another Review Board to hear the review concerned.
(6) In case there is an equality of votes at a hearing of the Review Board appointed under subsection (5), then
—
(a) where section 10M(7)(b) is applicable, the result of the permittee's assessment shall be taken to be the
decision of the Review Board; or
(b) in any other case, the decision made by the Chief Engineer under section 10M(5) on the subject matter
of the application shall be taken to be the decision of the Review Board,
and the Review Board may, in accordance with the decision, exercise any of the powers conferred on it under section
10M(13).
Section: 10Q Reinstatement of unleased land after excavation made
under an excavation permit
L.N. 1 of 2004 01/04/2004
(1) A permittee of an excavation permit or emergency excavation permit shall, before the expiry or termination
of the permit, reinstate and make good the land as required by any condition of the permit.
(2) If any unleased land is not reinstated and made good in accordance with subsection (1)—
(a) before the expiry or termination of the permit; or
(b) as required by any condition of the permit,
the Authority may carry out such work as he considers necessary to reinstate and make good the land, and any other
land the reinstatement and making good of which is, in his opinion, necessary in consequence of the excavation,
notwithstanding that the work for the carrying out of which the excavation was made have not been completed.
(3) The Authority may recover from the permittee—
(a) the cost of any work carried out by the Authority under subsection (2); and
(b) the cost of any work carried out by the Authority to reinstate and make good any unleased land if the
necessity for such work—
(i) arises within 12 months after the completion of work for the reinstatement and making good of
the land under this section; and
(ii) is attributable to any fault on the part of such permittee or his servants or agents.
(4) For the avoidance of doubt, it is declared that any work carried out under subsection (2) shall not be
regarded as an excavation for the purpose of this Ordinance.
Section: 10R Reinstatement of unleased land after excavation made
under a lease, licence, etc.
L.N. 1 of 2004 01/04/2004
(1) Any person who makes or maintains an excavation under and in accordance with a lease, licence, deed of
appropriation, memorandum of appropriation or an engineering conditions for land allocation issued by the Director of
Lands shall reinstate and make good the land as required by any condition of the lease, licence, deed of appropriation,
memorandum of appropriation or engineering conditions for land allocation, as the case may be.
(2) If any unleased land is not reinstated and made good in accordance with subsection (1), the Director of
Lands may carry out such work as he considers necessary to reinstate and make good the land, and any other land the
reinstatement and making good of which is, in his opinion, necessary in consequence of the excavation,
notwithstanding that the works for the carrying out of which the excavation was made have not been completed.
(3) The Director of Lands may recover from the person mentioned in subsection (1) the cost of any work
carried out by the Director under subsection (2).
(4) For the avoidance of doubt, it is declared that any work carried out under subsection (2) shall not be
regarded as excavation for the purpose of this Ordinance.
Section: 10S Provision of safety facilities in connection with excavation L.N. 1 of 2004 01/04/2004
If any condition of an excavation permit or emergency excavation permit requiring the provision of facilities for
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 15
the safety or convenience of the public is contravened, the Authority may provide such facilities and recover the cost
thereof from the permittee of the permit.
Section: 10T Provision of safety precautions and support L.N. 1 of 2004 01/04/2004
(1) The permittee and nominated permittee of an excavation permit or emergency excavation permit shall—
(a) adopt all necessary safety precautions to protect the public or any person making or maintaining an
excavation to which the permit relates from any danger or injury;
(b) provide adequate support for the structural stability of buildings, roads, slopes, structures, pipes,
lighting posts, utility services or similar installations adjacent to the excavation so as to prevent the
public or any person from being endangered by a fall or displacement of earth, rock or other material.
(2) Where there is a permittee and no nominated permittee and subsection (1) is contravened, the permittee
shall be guilty of an offence and shall be liable on conviction to a fine of $200000.
(3) Where there is a permittee and a nominated permittee and subsection (1) is contravened, both the permittee
and the nominated permittee shall each be guilty of an offence and shall each be liable on conviction to a fine of
$200000.
(4) It is a defence in a proceeding against a person for an offence under subsection (2) or (3) if the person
charged shows that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(5) A court may, in making a decision on the defence provided under subsection (4), take into consideration
that a person charged with an offence under subsection (2) or (3) has—
(a) hired a competent person to supervise the excavation concerned;
(b) a documented system for supervising the excavation concerned, including but not limited to a system
which—
(i) is managed by a competent person; and
(ii) requires inspection of the excavation to ensure compliance with duties imposed under subsection
(1) and record of such inspection;
(c) a documented system to ensure his contractor complies with the duties imposed under subsection (1);
(d) taken other reasonable steps.
(6) For the purpose of subsection (5), "competent person" (合資格人士) means a person who is registered as
—
(a) a registered architect under the Architects Registration Ordinance (Cap 408);
(b) a registered professional engineer under the Engineers Registration Ordinance (Cap 409) and is within
a discipline which is relevant to the excavation concerned or the works within that excavation;
(c) a registered professional surveyor under the Surveyors Registration Ordinance (Cap 417) and is within
a discipline which is relevant to the excavation concerned or the works within that excavation; or
(d) a safety officer under the Factories and Industrial Undertakings (Safety Officers and Safety
Supervisors) Regulations (Cap 59 sub. leg. Z) and—
(i) where subsection (5)(a) is applicable, has at least 3 years experience in supervising excavation
which is similar to the excavation concerned; or
(ii) where subsection (5)(b)(i) is applicable, has at least 3 years experience in managing documented
system which is similar to the system described in that subsection.
Section: 10U Designation of strategic street, sensitive street and
remaining street
L.N. 1 of 2004 01/04/2004
(1) The Director of Highways may, by notice published in the Gazette—
(a) designate any street or part of a street as a strategic street, a sensitive street or a remaining street after
taking into consideration the economic costs of traffic delay in a carriageway caused or likely to be
caused by an excavation carried out on the street; and
(b) amend or revoke any such designation.
(2) For the avoidance of doubt, it is declared that a notice published under subsection (1) is not subsidiary
legislation.
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 16
Section: 10V Service of notice L.N. 1 of 2004 01/04/2004
A notice (howsoever described) which under this Part is required to be, or may be, sent or served to or on a
person (howsoever described) other than the Authority shall, in the absence of evidence to the contrary, be deemed to
be so sent or served if—
(a) in the case of an individual, it is—
(i) delivered to him;
(ii) left at his last known address for service, or at his last known place of residence or business, in
Hong Kong;
(iii) sent by post to him at his last known address for service, or at his last known postal address, in
Hong Kong; or
(iv) sent by telex, facsimile transmission or other similar method to him at his last known address for
service, or at his last known postal address, or at his last known place of residence or business, in
Hong Kong;
(b) in the case of a company, it is—
(i) given to or served on a director or manager of the company;
(ii) left at the company's last known address for service, or at its last known place of business, in
Hong Kong;
(iii) sent by post to the company at its last known address for service, or at its last known postal
address, in Hong Kong; or
(iv) sent by telex, facsimile transmission or other similar method to the company at its last known
address for service, or at its last known postal address, or at its last known place of business, in
Hong Kong;
(c) in the case of a partnership, it is—
(i) delivered, left or sent in accordance with paragraph (a) in respect of any partner who is an
individual; or
(ii) given, left or sent in accordance with paragraph (b) in respect of any partner which is a company;
(d) in the case of a person ("attorney") holding a power of attorney under which the attorney is authorized
to accept service in respect of another person on whom it is required to be so sent or served, it is—
(i) where the attorney is an individual, delivered, left or sent in accordance with paragraph (a);
(ii) where the attorney is a company, given, left or sent in accordance with paragraph (b);
(iii) where the attorney is a partnership, delivered, left or sent in accordance with paragraph (a) in
respect of any partner who is an individual; or
(iv) where the attorney is a partnership, given, left or sent in accordance with paragraph (b) in respect
of any partner which is a company.
Part: IV SUMMARY REMEDY FOR BREACHES OF
GOVERNMENT LEASES AND LICENCES*
29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 13
__________________________________________________________________
Note:
* (Replaced 56 of 1979 s. 4. Amended 29 of 1998 s. 13)
Section: 11 Duty of lessee or licensee to notify Authority of unlawful
structure
29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 12, 13 & 105
(1) If it comes to the knowledge of a lessee or licensee that, in breach of the Government lease or licence, a
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 17
structure- (Amended 29 of 1998 s. 105)
(a) is being erected or placed on the land or on any building on the land; or
(b) has been erected or placed thereon since 22 October 1965,
otherwise than by him or on his behalf, the lessee or licensee shall notify the Authority within 48 hours.
(2) Any person who without reasonable excuse contravenes subsection (1) shall be guilty of an offence and
shall be liable on conviction to a fine of $1000.
(3) In proceedings for an offence under subsection (2), the lessee or licensee shall be presumed to have known
that the structure was being or had been erected or placed on the land, unless he proves that he did not know, and
could not reasonably have known, of the same.
Section: 12 Demolition of unlawful structures 29 of 1998; 3 of
2000
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 12 & 14; 3 of 2000 s. 3
(1) If-
(a) a structure is being or has been erected or placed on leased land, or on land occupied under a licence,
or on any building on such land, in breach of a Government lease or licence; or (Amended 29 of 1998
s. 14)
(b) a structure on leased land or land occupied under a licence, being a structure which by virtue of a
covenant, condition or stipulation in a Government lease or licence can be used only for agricultural
purposes- (Amended 29 of 1998 s. 14)
(i) is being used for any other purpose in breach of that covenant, condition or stipulation; and
(ii) the use for that other purpose is not authorized by any permission granted, or does not appear in
any survey or record made, by the Authority before the date on which the Crown Land
(Amendment) Ordinance 1979 (56 of 1979) came into operation,
the Authority may, by notice in writing served on the lessee or licensee, require him-
(i) in a case to which paragraph (a) applies, to demolish the structure;
(ii) in a case to which paragraph (b) applies, to discontinue such use and, if the Authority thinks it
appropriate, to restore the structure so that it may be used for agricultural purposes,
before such date as may be specified in the notice. (Replaced 56 of 1979 s. 5)
(2) If a lessee or licensee does not comply with a notice served on him under subsection (1), any public officer,
or other person, acting on the direction of the Authority may, with the assistance of such other public officers or other
persons as may be necessary, enter on the land and-
(a) in a case to which subsection (1)(a) applies, demolish the structure;
(b) in a case to which subsection (1)(b) applies, demolish the structure or, if the Authority thinks fit, carry
out such works as may be necessary to restore the structure so that it may be used for agricultural
purposes. (Amended 56 of 1979 s. 5)
(3) A lessee or licensee (for the purpose of complying with a notice under subsection (1)) and (for the purpose
of subsection (2)) any authorized person may-
(a) remove from the structure any person or property therein; and
(b) take possession of such property and of any property resulting from the demolition of the structure.
(4) Any property of which possession is taken under subsection (3)(b) by an authorized person shall become
the property of the Government free from the rights of any person and, subject to subsection (5), may be dealt with as
the Authority thinks fit. (Amended 29 of 1998 s. 14)
(5) The Chief Executive may order that- (Amended 3 of 2000 s. 3)
(a) the whole or a part of any property which has become the property of the Government under
subsection (4); or (Amended 29 of 1998 s. 14)
(b) the whole or a part of the value of any such property,
shall be delivered or paid to any person who appears to him to have a moral claim thereto.
(6) The Authority may recover from the lessee or licensee any cost incurred in or arising out of the demolition
of a structure under subsection (2) and of the exercise of the powers conferred by subsection (3).
(7) A notice under subsection (1) may be served by-
(a) delivering it to the lessee or licensee;
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 18
(b) posting it to him by registered post addressed to his last place of business or residence known to the
Authority; or
(c) posting the notice in or on the land or structure to which the notice relates.
(8) The powers conferred by this section are in addition to and not in derogation from the powers conferred on
the Government by the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126). (Added 56 of
1979 s. 5. Amended 29 of 1998 s. 14)
Section: 13 Power of entry and inspection 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 12 & 105
For the purpose of-
(a) ascertaining whether there has been a breach of a Government lease or licence for the purposes of
section 12(1); or (Amended 29 of 1998 s. 105)
(b) carrying out any work or interviewing any person prior to the clearance of any land or the demolition
of any structure on leased land or land occupied under a licence in accordance with the powers
conferred by this Ordinance,
any public officer authorized in writing by the Authority may, on production of his authority, enter and inspect the
land and any structure thereon at any reasonable time and may also carry out-
(i) any interview or investigation;
(ii) any screening, or affixing of numbers on structures, for the purpose of establishing eligibility of
persons for public housing; and
(iii) any computation of compensation and allowances for any industrial, commercial or agricultural
undertaking.
(Replaced 56 of 1979 s. 6)
Part: V PRIVATE STREETS 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 12 & 105
Section: 14 Vesting of private streets in the Government 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 12 & 105
(1) If a Government lease, or an agreement for surrender relating to leased land, contains a provision that the
lessee shall, when required, hand back any private street to the Government free of cost, the Authority may, by notice
in the Gazette, declare the private street, or such part thereof as may be specified in the notice, to be a public street.
(Amended 29 of 1998 s. 105)
(2) The Authority shall, within 7 days after the publication of a notice under subsection (1), register a copy
thereof in the Land Registry together with a plan showing the land declared by such notice to be a public street.
(Amended 8 of 1993 s. 2)
(3) Upon the registration under subsection (2) in the Land Registry of a copy of a notice published under
subsection (1)- (Amended 8 of 1993 s. 2)
(a) all rights and obligations of the lessee in, upon or over the private street, or the part of the private street
specified in the notice, shall be extinguished; and
(b) the private street, or such part of the private street, shall vest in the Government free from the rights of
any person in the same manner and to the same effect as if it had been surrendered to the Government.
(Amended 29 of 1998 s. 105)
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 19
Section: 15 No action to lie in respect of extinguishment or rights in
private street
29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 12
No action shall be brought or continued, and no compensation shall be payable, in respect of the extinguishment
under section 14(3) of the rights of any person in, upon or over the private street or such part of the private street.
Part: VI GENERAL 29 of 1998; 3 of
2000
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 12 & 105; 3 of 2000 s. 3
Section: 15A Power of approval by Chief Executive in Council in
Government leases
29 of 1998; 3 of
2000
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 ss. 12 & 105; 3 of 2000 s. 3
Where any Government lease contains a condition to the effect that any matter or thing may not be done without
the approval or consent of the Chief Executive in Council, the condition shall be deemed to include a provision that
the power of the Chief Executive in Council to grant approval or give consent may be exercised by the Chief
Executive.
(Added 72 of 1973 s. 2. Amended 29 of 1998 s. 105; 3 of 20000 s. 3)
Section: 16 Obstruction 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 12
Any person who obstructs an authorized person exercising any power, performing any duty, or carrying out any
function, under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to
imprisonment for 6 months.
Section: 16A False statements 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 12
Any person who makes a statement-
(a) in reply to any question put to him under or for the purposes of this Ordinance; or
(b) in any document required by, under or for the purposes of this Ordinance,
which he knows to be false or misleading in a material particular shall be guilty of an offence and shall be liable on
conviction to a fine of $2000 and to imprisonment for 6 months.
(Added 56 of 1979 s. 7)
Section: 16B Evidence by certificate 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 12
In any proceedings for an offence under this Ordinance, a certificate having attached thereto a map relating to
any land in respect of which the offence is alleged to have been committed and purporting to be signed by an Estate
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 20
Surveyor and certifying that-
(a) the land as shown on the map is unleased land, and
(b) (i) no licence, deed or memorandum of appropriation has been granted authorizing erection of a
structure on the land; or
(ii) no removal permit has been granted authorizing the extraction and removal of earth, turf or stone
from the land; or
(iii) no excavation licence has been granted authorizing the making or maintaining of any excavation
in the land,
shall be admitted in evidence on its production without further proof and-
(A) until the contrary is proved it shall be presumed that the certificate was signed by an Estate Surveyor;
and
(B) the certificate and the map attached thereto shall be prima facie evidence of the facts contained therein.
(Added 46 of 1982 s. 4)
Section: 16C Certificate of record of information produced from
Authority's computer systems
L.N. 1 of 2004 01/04/2004
(1) In any proceedings under this Ordinance before a court or magistrate, a document purporting—
(a) to be a copy of a record of any information produced from any of the computer systems of the
Authority; and
(b) to be certified by the Authority as being such a copy,
shall be admitted in evidence on its production without further proof.
(2) Where a document is admitted in evidence under subsection (1)—
(a) the court or magistrate before which it is produced shall, until the contrary is proved, presume that—
(i) the document is a true copy of the record of information referred to in subsection (1)(a);
(ii) it was properly certified by the Authority for the purposes of subsection (1)(b); and
(iii) the record was duly made at the time (if any) referred to in the document as that at which it was
made; and
(b) the document is prima facie evidence of the contents of the information referred to in subsection (1)(a).
(3) Where a document is admitted in evidence under subsection (1), the court or magistrate before which or
whom it is produced may, if it or he thinks fit, on its or his own motion or on the application of any party to the
proceedings in question, summon the person who purports to have certified the document for the purpose of
subsection (1)(b) and examine him as to its subject matter.
(Added 17 of 2003 s. 5)
Section: 17 Use of force 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 12
An authorized person may use such force as may be necessary for the exercise of any power, the performance of
any duty, or the carrying out of any function, under this Ordinance.
Section: 18 No claim to lie against Government, Authority or
Secretary for Development*
L.N. 130 of 2007 01/07/2007
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
(1) Neither the Government nor the Authority shall be liable for any loss or damage suffered by any person in
consequence of anything done under section 6, 10, 10A, 10B, 10C, 10D, 10E, 10F, 10J, 10K, 10L, 10M, 10O, 10P,
10Q, 10R, 10S, 10U, 12 or 18C by the Authority. (Amended 17 of 2003 s. 6)
(1A) Neither the Government nor the Secretary for Development shall be liable for any loss or damage suffered
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 21
by any person in consequence of anything done under section 10N, 10O or 10P. (Added 17 of 2003 s. 6. Amended
L.N. 130 of 2007)
(2) In this section, "Authority" (當局) includes any authorized person.
_________________________________________________________________________________________
Note:
* (Amended L.N. 130 of 2007)
Section: 18A Delegation 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 12
An Authority under this Ordinance may delegate any of its powers and functions to any public officer or class of
public officer.
(Added 23 of 1973 s. 36)
Section: 18B Appeals against decision L.N. 1 of 2004 01/04/2004
(1) A person who is aggrieved by a decision of the Review Board made in respect of him under section
10M(13) relating to an assessment made under section 10M(1)(d), (g), (h) or (i) may appeal to the Administrative
Appeals Board.
(2) An appeal made under subsection (1) shall be made within 28 days from the date of service of a notice of
the decision on the aggrieved person.
(3) Any prescribed fee determined to be refunded to an aggrieved person pursuant to a decision of the
Administrative Appeals Board shall be paid by the Director of Highways and without interest.
(Added 17 of 2003 s. 7)
Section: 18C Authority's power to specify time limit and newly
constructed street
L.N. 1 of 2004 01/04/2004
(1) The Authority may, by notice published in the Gazette, specify—
(a) the time limit for the submission of an application for—
(i) the issue of an excavation permit or emergency excavation permit in relation to an excavation or
any class of excavation; or
(ii) the extension of the period for which an excavation permit is valid in relation to an excavation or
any class of excavation;
(b) a street or any class of streets as a newly constructed street or a class of newly constructed streets and
the duration for which and the extent to which such street or such class of streets, as the case may be,
shall not be used for any excavation.
(2) For the avoidance of doubt, it is declared that a notice published under subsection (1) is not subsidiary
legislation.
(Added 17 of 2003 s. 7)
Section: 19 Regulations L.N. 1 of 2004 01/04/2004
(1) The Chief Executive in Council may make regulations for all or any of the following purposes- (Amended
3 of 2000 s. 3; 17 of 2003 s. 8)
(a) prescribing anything which is to be or may be prescribed under this Ordinance;
(b) providing for applications for licences or copies of licences;
(c) fixing fees for the issue of copies of licences;
(d) empowering any public officer to determine whether land occupied or to be occupied under a licence is
being or will be occupied for non-profit making, charitable or welfare purposes;
(e) generally, for the better carrying out of this Ordinance.
(2) Any fees prescribed by regulations made under this section may-
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 22
(a) be fixed at a level which provides for the recovery of-
(i) expenditure incurred or likely to be incurred by the Government in relation generally to the
administration, regulation and control of matters to which this Ordinance relates; and
(ii) economic costs of traffic delay in a carriageway caused or likely to be caused by excavations on
streets;
(b) provide for the payment of different fees in respect of matters or cases or streets of different classes or
descriptions; and
(c) provide for the payment of fees to be calculated in any manner specified in the regulations. (Added 17
of 2003 s. 8)
Section: 20 Saving 29 of 1998; 3 of
2000
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 12; 3 of 2000 s. 3
Nothing in this Ordinance shall affect the rights or powers of the Government or any public officer under any
other law.
(Amended 3 of 2000 s. 3)
Schedule: Schedule E.R. 3 of 2015 12/11/2015
[sections 3 & 8]
(Amended 17 of 2003 s. 9)
Designated Authorities
In this Schedule, Housing Authority estate (房屋委員會屋邨) means land vested in the Housing Authority or over
which the Housing Authority has control and management.
Section Area
Authority
5(1) Urban area.
New Territories, except New
Kowloon.
Director of Lands, except for Housing Authority estates.
Director of Lands, except for Housing Authority estates.
6(1)
6(2)
Urban area. Director of Lands, the Director of Food and Environmental Hygiene
or the Housing Authority.
6(2A)
6(3)
6(4A)
6(5) and 6(6)
New Territories, except New
Kowloon.
Director of Lands, the Director of Food and Environmental Hygiene
or the Housing Authority.
7(2) and Urban area. Director of Lands.
7(3) New Territories, except New
Kowloon.
Director of Highways in the case of unleased land which is a street;
or the Director of Lands in the case of unleased land, other than
streets.
2A(3)
10(8)
10A(1)
Urban area and New
Territories.
Director of Highways in the case of unleased land which is a street;
or the Director of Lands in the case of unleased land, other than
streets.
10A(3)
10A(4)
10B(1)
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 23
10B(2)
10C(1)
10C(3)
10C(4)
10C(5)
10C(7)
10D(1)
10D(3)
10D(4)
10D(5)
10E(1)
10E(2)
10E(3)
10F(1)
10F(2)
10F(3)
10F(4)
10G(c)
10H(1)
10H(2)
10H(3)
10I(1)
10I(2)
10I(3)
10J(1)
10J(2)
10K(1)
10K(4)
10L(1)
10L(2)
10L(3)
10M(16)
10M(17)
10Q(2)
10Q(3)
10S
10V
16C(1)
16C(2) and
18C(1)
11(1) Urban area.
New Territories, except New
Kowloon.
The Director of Housing.
Director of Lands or the Director of Housing.
12(1) Urban area. Director of Lands or the Director of Housing.
12(2)
12(4)
12(6)
12(7) and
13
New Territories, except New
Kowloon.
Director of Lands or the Director of Housing.
Cap 28 - LAND (MISCELLANEOUS PROVISIONS) ORDINANCE 24
14(1) and Urban area and Director of Lands.
14(2) New Territories.
(Amended 23 of 1973 s. 36; L.N. 94 of 1974; L.N. 113 of 1974; L.N. 269 of 1976; 56 of 1979 s. 8; L.N. 347
of 1981; L.N. 370 of 1981; L.N. 76 of 1982; 73 of 1982 s. 39; L.N. 94 of 1986; L.N. 127 of 1986; L.N. 291 of
1993; 78 of 1999 s. 7; 17 of 2003 s. 9; 3 of 2015 s. 5)
(Format changes—E.R. 3 of 2015)
