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[接上页] (2A) The Authority shall fix to the private land a copy of the notice and plan served under subsection (2). (Added 38 of 1982 s. 5) (3) Within 1 month, or such longer period as may be allowed by the Chief Executive in any particular case, after the service of a notice under subsection (2), the owner or a lawful occupier may object by petition to the Chief Executive to the intended declaration. (4) The Chief Executive, upon considering an objection made under subsection (3), may direct that- (a) the intended declaration shall not be made; or (b) the objection be referred to the Chief Executive in Council.(5) The Chief Executive in Council, upon considering an objection referred to him under subsection (4), may direct that- (a) the intended declaration be made by the Authority in accordance with section 3; (b) the intended declaration be so made, subject to such variations or conditions as he thinks fit; or (c) the intended declaration shall not be made.(6) A direction of the Chief Executive under subsection (4)(a) or of the Chief Executive in Council under subsection (5) shall be final. (Amended 38 of 1982 s. 5; 59 of 2000 s. 3) Cap 53 s 5 Control of monuments generally Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) Subject to this section, the Authority, and any designated person authorized by him in writing, may, for the purposes of this Ordinance, at all reasonable times- (a) enter and inspect any proposed monument or monument; (b) with the prior approval of the Chief Executive- (Amended 59 of 2000 s. 3) (i) fence, repair, maintain, preserve or restore any proposed monument or monument; (ii) excavate or search for relics in any proposed monument or monument and remove any relics hitherto undiscovered. (Amended 38 of 1982 s. 6)(2) Neither the Authority nor a designated person authorized by him may enter any residential premises, in the exercise of the powers conferred by subsection (1), unless- (a) he first obtains the consent in writing of the lawful occupier of such premises; or (b) he has given to the lawful occupier thereof not less than 48 hour's notice in writing of his intention to enter.(3) Nothing in this section shall authorize- (a) the exclusion from any part of a proposed monument or monument of- (i) the owner or lawful occupier of the proposed monument or monument; (ii) a person beneficially interested in the proposed monument or monument; or (iii) a person authorized by such owner, occupier or person beneficially interested in the proposed monument or monument; or(b) the excavation of a proposed monument or monument or the search for relics in residential premises, without the consent of the owner and the lawful occupier of the residential premises. (Amended 38 of 1982 s. 6) Cap 53 s 6 Acts prohibited in relation to certain monuments except under permit Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) Subject to subsection (4), no person shall- (a) excavate, carry on building or other works, plant or fell trees or deposit earth or refuse on or in a proposed monument or monument; or (b) demolish, remove, obstruct, deface or interfere with a proposed monument or monument,except in accordance with a permit granted by the Authority. (Amended 38 of 1982 s. 7) (2) A person aggrieved by the refusal of the Authority to grant him a permit may, within 14 days after the date of such refusal, appeal by way of petition to the Chief Executive who may confirm, vary or reverse the refusal. (3) The decision of the Chief Executive on the appeal shall be final. (4) The Authority may, after consultation with the Board and with the approval of the Chief Executive, by notice in the Gazette, declare any proposed monument or monument to be exempt from this section. (Amended 38 of 1982 s. 7) (Amended 59 of 2000 s. 3) Cap 53 s 7 Grant of sums for preservation, etc., of monuments Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 The Authority may, with the prior approval of the Chief Executive, grant to a person who proposes to carry out work for the maintenance, preservation or restoration of a monument such sum as the Authority thinks fit for the purpose of assisting the person to carry out the work. (Amended 59 of 2000 s. 3) Cap 53 s 8 Compensation Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) Subject to this section, the Authority may, with the prior approval of the Chief Executive, pay to the owner or lawful occupier of a proposed monument or monument compensation in respect of financial loss suffered or likely to be suffered by him by reason of- (Amended 59 of 2000 s. 3) (a) the exercise by the Authority, or by a designated person authorized by him, of the powers specified in section 5(1); or (b) a refusal to grant a permit or any conditions imposed in a permit.(2) The compensation shall be such amount as may be- (a) agreed between the Authority and the owner or lawful occupier of the proposed monument or monument; or |