【法规名称】
【法规编号】 44502 什么是编号？
【正 文】
第5页 CAP 53 ANTIQUITIES AND MONUMENTS ORDINANCE
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[接上页] Cap 53 s 14 Rights of licensee Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 (1) The holder of a licence may, subject to the conditions thereof, enter upon and excavate and search for antiquities, in, on or under- (a) any Government land within the area specified in the licence; and (Amended 29 of 1998 s. 105) (b) subject to subsection (2), any private land within the area specified in the licence.(2) The holder of a licence shall not be entitled to enter upon, or excavate or search for antiquities in, on or under private land unless he first obtains the consent in writing of the owner and any lawful occupier of the land. Cap 53 s 15 Cancellation of licence (1) Subject to subsection (2), the Authority may cancel any licence. (2) A licence shall not be cancelled unless the holder of the licence has been given reasonable opportunity to make representations to the Authority as to why his licence should not be cancelled. (3) As soon as possible after the cancellation of a licence, the Authority shall, by notice in writing, served either personally or by registered post, inform the person whose licence has been cancelled of the cancellation and of the reasons therefor. (4) Failure to comply with subsection (3) shall not invalidate the cancellation of a licence. Cap 53 s 16 Appeal against refusal of licence Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 (1) A person aggrieved by the refusal of the Authority to grant him a licence, or to renew his licence, or by the cancellation of his licence, may within 14 days after the date of such refusal or cancellation appeal by way of petition to the Chief Executive who may confirm, vary or reverse the refusal or cancellation. (2) The decision of the Chief Executive on the appeal shall be final. (Amended 59 of 2000 s. 3) Cap 53 s 17 Establishment and meetings of Antiquities Advisory Board Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 ANTIQUITIES ADVISORY BOARD (1) There is hereby established an Antiquities Advisory Board consisting of such members as the Chief Executive may appoint, one of whom shall be appointed by the Chief Executive to be Chairman. (Replaced 29 of 1986 s. 2. Amended 59 of 2000 s. 3) (2) The Board shall meet at such times and places as the Chairman may direct. (3) At any meeting of the Board the Chairman or, in his absence, a member elected by the members present at that meeting to act as Chairman shall preside. (Replaced 29 of 1986 s. 2) (4) Not less than one-half of the number of members of the Board shall constitute a quorum at a meeting of the Board. (Amended 29 of 1986 s. 2) (5) The procedure at a meeting of the Board shall be such as the Board may determine. Cap 53 s 18 Board may advise Authority The Board may advise the Authority on any matters relating to antiquities, proposed monuments or monuments or referred to it for consultation under section 2A(1), section 3(1) or section 6(4). (Amended 38 of 1982 s. 12) Cap 53 s 19 Offences MISCELLANEOUS (1) Any person who- (a) knowingly makes a false statement to the Authority or to a designated person as to the situation or circumstances of the discovery of an antiquity; (b) contravenes section 11(1), or section 12; (Amended 38 of 1982 s. 13) (c) without reasonable excuse, fails to comply with a request made to him by the Authority or a designated person under section 11(2); or (d) wilfully obstructs the Authority, or any designated person authorized by him, in the exercise of his powers under section 5(1) or section 11(6),shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and imprisonment for 6 months. (2) Any person who contravenes section 6(1) shall be guilty of an offence and shall be liable on conviction to a fine of $100000 and imprisonment for 1 year. (Added 38 of 1982 s. 13) Cap 53 s 20 Evidence (1) Subject to this section, in any civil or criminal proceedings if it is proved that a relic or alleged relic was in Hong Kong after the date of commencement of this Ordinance, it shall be presumed, until the contrary is proved, that the discovery of the relic or alleged relic occurred after that date. (2) A presumption arising under subsection (1) shall be rebutted if the court is satisfied that the relic or alleged relic- (a) has been in the possession of a party to the proceedings, or of such a party and any identifiable person from whom he acquired possession, for a period of not less than 6 years prior to the commencement of the proceedings; or (b) has at any time before the commencement of the proceedings been imported into Hong Kong.(3) In any civil or criminal proceedings a certificate, purporting to be signed by the Authority and stating that anything is an antiquity, shall be admissible in evidence and shall be prima facie evidence of the facts stated therein. Cap 53 s 20A Service by post Any document or notice to be served or given under this Ordinance may be served or given by registered post. |
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