【法规名称】
【法规编号】 68747 什么是编号？
【正 文】
第7页 CAP 519 RAILWAYS ORDINANCE
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[接上页] (6) The Secretary or any person authorized by him may enter, as occasion may require, any land or building over which any powers under subsection (1) have been exercised and, in relation to that land or building, exercise the powers, subject to notice being given, as often as occasion may require. Cap 519 s 25 Utility services (1) The Secretary may give notice to the owner of any gas, electricity, water or telecommunications service apparatus situated on any unleased Government land requiring him, at his own expense (subject to any contract between that owner and the Government) to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post or other apparatus which belongs to or is maintained by that owner and to repair any road surface disturbed by the action if, in the opinion of the Secretary, the alteration and repair is required for the purposes of the scheme. (Amended 36 of 2000 s. 28) (2) A notice referred to in subsection (1) must- (a) specify the nature of the apparatus to which the notice applies and set out the Secretary's requirements as to the alteration of its course or position and the repair of any road surface; (b) stipulate the period within which such work will be carried out; and (c) be served upon the owner not later than 28 days before the commencement of that period.(3) The period mentioned in subsection (2)(b) must be a period which is reasonably necessary for the carrying out of the Secretary's requirements as mentioned in subsection (2)(a) and, before stipulating a period, the Secretary must consult the owner of the apparatus to which the notice applies. (4) If the owner does not comply with the notice, the Secretary may carry out the operations mentioned in the notice and, subject to any contract between the owner and the Government, recover the cost from the person to whom the notice was given. Cap 519 s 26 Removal of projections or obstructions (1) The Secretary may give notice to the owner of any land or building requiring the owner to remove any object or structure described in the notice which is attached to or projects from the land or building if, in the opinion of the Secretary, the removal of the object or structure is necessary for the purposes of or incidental to the scheme. (2) A copy of the notice referred to in subsection (1) must be given to any occupier of the land or building known to the Secretary. (3) A notice referred to in subsection (1) must- (a) describe the object or structure to be removed; (b) stipulate the period within which the work of removal is to be carried out; (c) be given to the owner and occupier of the land or building not later than 28 days before the commencement of that period; and (d) state that any person having a compensatable interest under this Ordinance may serve a written claim upon the Secretary.(4) If the owner of the land or building does not comply with a notice referred to in subsection (1), the Secretary or any public officer authorized by him for the purpose may enter the land or building, together with such other person as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons at the expense of the Government. (5) The Secretary may dispose of any object or structure removed under this section as he thinks fit, whether or not it was erected or maintained in contravention of any Ordinance or Government lease or other instrument under which the land is held. Cap 519 s 27 Control of building plans and commencement of work Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Building Authority may do the following, notwithstanding the Buildings Ordinance (Cap 123), to the extent necessary to avoid any incompatibility where he is of the opinion that building works, or the commencement of building works, on land described in the scheme including building works outside the boundaries of the scheme would be incompatible with the scheme or the operation or maintenance of the railway- (a) refuse to give his approval to any plan or to consent to the commencement of the building works; (b) if there is no subsisting consent to the commencement of the building works, withdraw any approval which he has or is deemed to have given to any plan; (c) require the amendment of any plan relating to the building works; (d) impose conditions, whether as to time or otherwise, on the giving of approval to plans relating to the building works or consent to commence the works; and (e) withdraw an approval which he has given or is deemed to have given or a consent to the commencement of the building works.(2) The carrying out of any building works- (a) contrary to any refusal referred to in subsection (1)(a) or following withdrawal of approval or consent referred to in subsection (1)(b) or (e); or (b) otherwise than in accordance with any plan amended as referred to in subsection (1)(c) or condition imposed as referred to in subsection (1)(d),for the purposes of sections 23 and 24 of the Buildings Ordinance (Cap 123) is deemed to be a contravention of that Ordinance. |
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