【法规名称】
【法规编号】 44502 什么是编号？
【正 文】
第4页 CAP 53 ANTIQUITIES AND MONUMENTS ORDINANCE
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[接上页] (b) assessed by the District Court under section 9.(3) No compensation shall be awarded under this section in respect of financial loss which has been or may be suffered in connection with a contract made or anything done by the owner or lawful occupier of the proposed monument or monument after the service of a notice under section 2A(4) or section 4(2). (Amended 38 of 1982 s. 8) Cap 53 s 9 Assessment of compensation by District Court (1) In default of agreement under section 8(2)(a), the owner or lawful occupier may apply to the District Court to assess the amount of compensation payable under section 8. (2) The District Court may, on such application, award to the applicant such compensation as it thinks reasonable in the circumstances. Cap 53 s 10 Certain relics to be property of Government RELICS (1) Subject to this Ordinance, the ownership of every relic discovered in Hong Kong after the commencement of this Ordinance shall vest in the Government from the moment of discovery. (2) The Authority may, or behalf of the Government, disclaim the ownership of a relic so discovered, and upon such disclaimer- (a) the ownership of the Government in the relic shall be extinguished; and (b) the ownership of the relic shall vest in the person, who, but for the enactment of this Ordinance, would otherwise have been the owner thereof. Cap 53 s 11 Discovery of antiquities Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 DISCOVERY AND EXCAVATION OF ANTIQUITIES (1) Any person who discovers, or knows of the discovery of an antiquity or supposed antiquity shall forthwith report the discovery to the Authority or to a designated person. (2) A person who makes a report under subsection (1), shall, if so requested by the Authority or a designated person, identify to the Authority or to the designated person the antiquity or supposed antiquity in respect of which the report was made. (3) A person who discovers an antiquity or supposed antiquity shall take all reasonable measures to protect it. (4) The Authority may, with the prior approval of the Chief Executive, award to a person who makes a report under subsection (1) such sum by way of reward as the Authority thinks fit. (Amended 59 of 2000 s. 3) (5) A designated person to whom a report is made under this section shall forthwith inform the Authority in writing of the report. (6) Subject to subsection (7), the Authority, and any designated person authorized by him in writing, may enter upon and inspect the site of the discovery of an antiquity or supposed antiquity. (7) Neither the Authority nor a designated person authorized by him may enter any residential premises, in the exercise of the powers conferred by subsection (6), 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 hours' notice in writing of his intention to enter. Cap 53 s 12 No excavation, etc., of antiquities, without licence No person, other than the Authority and a designated person authorized by him, shall- (a) excavate or search for antiquities except in accordance with a licence granted to him; (aa) use a metal detector at any proposed monument or monument except in accordance with a licence granted to him to excavate and search for antiquities; (Added 38 of 1982 s. 9) (b) remove any relic hitherto undiscovered from a proposed monument or monument, or collect or remove any object which he supposes to be a relic from the site of its discovery, otherwise than for the purposes of protecting the same or in accordance with a licence granted to him. (Amended 38 of 1982 s. 9) Cap 53 s 13 Grant of licences (1) Subject to this Ordinance, the Authority may grant to any person a licence to excavate and search for antiquities. (2) A licence may not be granted to a person unless the Authority is satisfied that he- (a) has had sufficient scientific training or experience to enable him to carry out the excavation and search satisfactorily; (b) has at his disposal sufficient staff and financial or other resources to enable him to carry out the excavation and search satisfactorily; and (c) is able to conduct, or arrange for, a proper scientific study of any antiquities discovered as a result of the excavation and search. (Amended 38 of 1982 s. 10)(3) Subject to subsection (2), a licence may be granted or renewed for a period not exceeding 12 months. (4) A licence shall be in the prescribed form and shall specify the area of land in respect of which it is granted. (5) A licence shall not be transferable. (6) The Authority may include such conditions in a licence as he considers appropriate, and in particular but without prejudice to the generally hereof, may include conditions as to the conduct of any excavation and search, the reporting, mapping and documenting thereof, the use of a metal detector, the preservation of materials discovered, their removal, examination and return, and the making and delivery of casts, rubbings, squeezes and other reproductions. (Amended 38 of 1982 s. 10) |
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