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【法规名称】 
【法规编号】 44502  什么是编号?
【正  文】

CAP 53 ANTIQUITIES AND MONUMENTS ORDINANCE


  To provide for the preservation of objects of historical, archaeological and palaeontological interest and for matters ancillary thereto or connected therewith.
  
  [1 January 1976] L.N. 286 of 1975
  
  (Originally 64 of 1971)
  
  Cap 53 s 1 Short title
  
  PRELIMINARY
  
  This Ordinance may be cited as the Antiquities and Monuments Ordinance.
  
  Cap 53 s 2 Interpretation
  
  Remarks:
  
  Adaptation amendments retroactively made - see 29 of 1998 s. 105
  
  In this Ordinance, unless the context otherwise requires-
  
  "antiquity" (古物) means-
  
  (a) a relic; and
  
  (b) a place, building, site or structure erected, formed or built by human agency before the year 1800 and the ruins or remains of any such place, building, site or structure, whether or not the same has been modified, added to or restored after the year 1799;"Authority" (主管当局) means the Secretary for Home Affairs; (Replaced 38 of 1982 s. 2. Amended L.N. 67 of 1985; L.N. 242 of 1989; L.N. 372 of 1996; L.N. 362 of 1997; L.N. 192 of 1998; L.N. 206 of 1998)
  
  "Board" (委员会) means the Antiquities Advisory Board established by section 17;
  
  "Government land" (政府土地) means land other than private land; (Amended 29 of 1998 s. 105)
  
  "designated person" (指定人士) means-
  
  (a) the officer in charge of a police station;
  
  (b) a police officer of or above the rank of inspector; and
  
  (c) any person specified by the Authority by notice in the Gazette;"discovery" (发现) means the finding in Hong Kong-
  
  (a) in, on or under land or sea;
  
  (b) in or on anything growing on land; or
  
  (c) attached to or within the fabric or foundations of a structure in, on or under land or sea,of an antiquity or supposed antiquity the presence of which was previously unknown to the owner of such land or structure;"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); (Amended 8 of 1993 s. 2)
  
  "licence" (牌照) means a licence granted under section 13;
  
  "metal detector" (金属探测器) means any device designed or adapted for detecting or locating any metal or mineral in the ground; (Added 38 of 1982 s. 2)
  
  "monument" (古迹) means a place, building, site or structure which is declared to be a monument, historical building or archaeological or palaeontological site or structure under section 3; (Replaced 38 of 1982 s. 2)
  
  "movable object" (可移动物体) means an object which does not form part of land;
  
  "owner" (拥有人), in relation to land, means a person entitled to possession of the land under a Government lease or agreement for lease, or other form of valid title from the Government; (Amended 29 of 1998 s. 105)
  
  "permit" (许可证) means a permit granted under section 6;
  
  "private land" (私人土地) means-
  
  (a) land held under lease, agreement for lease, tenancy agreement, licence, permit, deed or memorandum of appropriation, or other valid title from the Government; and (Amended 29 of 1998 s. 105)
  
  (b) land occupied by Her Majesty's forces, or for other purposes of the Crown in right of Her Majesty's Government in the United Kingdom, under lease, licence, permit, deed or memorandum of appropriation, requisition or other permanent or temporary title;"proposed monument" (暂定古迹) means a place, building, site or structure which is declared to be a proposed monument, proposed historical building, or proposed archaeological or palaeontological site or structure under section 2A; (Added 38 of 1982 s. 2)
  
  "relic" (古代遗物) means-
  
  (a) a movable object made, shaped, painted, carved, inscribed or otherwise created, manufactured, produced or modified by human agency before the year 1800, whether or not it has been modified, added to or restored after the year 1799; and
  
  (b) fossil remains or impressions;"supposed antiquity" (假定古物) means an object or site which may reasonably be supposed to be or to contain an antiquity.
  
  Cap 53 s 2A Declaration of proposed monuments etc. and plans thereof
  
  MONUMENTS
  
  (1) For the purpose of considering whether or not any place, building, site or structure should be declared to be a monument the Authority may, after consultation with the Board, by notice in the Gazette declare it to be a proposed monument, proposed historical building, or proposed archaeological or palaeontological site or structure.
  
  (2) A declaration under subsection (1) may include as part of a proposed monument any land adjoining the place, building, site or structure required for fencing, covering or protecting the proposed monument or for providing or facilitating access thereto.
  
  (3) A notice under subsection (1) shall include a reference to the appropriate plan deposited under subsection (4).
  
  (4) The Authority shall, upon publication of a declaration under subsection (1)-
  
  (a) sign and deposit in the appropriate Land Registry a plan clearly showing the situation of the proposed monument; and (Amended 8 of 1993 s. 2)
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