【法规名称】
【法规编号】 79416 什么是编号？
【正 文】
第4页 CAP 208 COUNTRY PARKS ORDINANCE
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[接上页] (3) A map referred to the Authority shall be replaced by the new approved map or read as one with any approved amendment as the case may be. (4) The Land Registrar shall endorse accordingly the map deposited under section 13 which has been replaced or amended and shall cause the copies of the maps deposited in the District Land Registries to be similarly endorsed. (Amended 8 of 1993 ss. 3 & 23) Cap 208 s 16 Control of use of land in country park Remarks: Amendments retroactively made - see 29 of 1998 ss. 51 & 105 PART IV CONTROL OF LAND IN COUNTRY PARKS (1) Notwithstanding any Ordinance or the terms of any lease or agreement for a lease, in any case where the Authority is of the opinion that any use or proposed use of any leased land by the occupier within a country park would substantially reduce the enjoyment and amenities of the country park as such, he may request the appropriate Land Authority to exercise the powers conferred by this section. (2) Where the Land Authority receives a request under subsection (1), he may, by notice in writing- (a) require the occupier, within such period, not being less than 3 months, as the Land Authority may determine, to discontinue or modify the use; or (b) prohibit the occupier from proceeding with the proposed use or, within such period, not being less than 3 months, as the Land Authority may determine, require the occupier to modify the proposed use,so as to avoid the enjoyment and amenities of the country park being substantially reduced; and where the occupier is not the Government lessee, the Land Authority shall, where practicable, serve on the Government lessee a copy of the notice given to the occupier. (Amended 29 of 1998 s. 105) (3) A notice under subsection (2) shall notify the occupier, and where the occupier is not the Government lessee, the Government lessee, of his right to object under section 17. (Amended 29 of 1998 s. 105) (4) An occupier who fails to comply with the requirements of a notice given to him under subsection (2) shall be guilty of an offence and shall be liable to a fine of $5000 and, in addition, to a fine of $100 for each day during which the offence has continued. (Amended L.N. 378 of 1989) (5) Where an occupier or Government lessee objects under section 17 the operation of the notice against which he is objecting shall be suspended until the final determination of the objection. (Amended 29 of 1998 s. 105) (6) Notwithstanding any proceedings which may be taken under subsection (3), where the requirements of a notice under subsection (2) are not complied with, the leased land which is the subject of the requirements may be resumed in accordance with the Lands Resumption Ordinance (Cap 124), and for the purposes of section 3 of that Ordinance it shall be deemed that the resumption of such land is required for a public purpose. (Amended 29 of 1998 s. 51) (7) In this Part "Land Authority" (最高地政监督) means- (a) in relation to leased land within a country park situated in the New Territories, the Director of Lands; and (Amended L.N. 370 of 1981; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (b) in relation to leased land within a country park in Hong Kong other than the New Territories, the Director of Lands. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) Cap 208 s 17 Objection to notice under section 16(2) Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 34 of 2000 s. 3 (1) Where a notice is served on an occupier or Government lessee under section 16(2) in respect of the use or proposed use of any land held by him- (a) under a Government lease or any agreement for such lease; or (b) under any Ordinance,he may, within 1 month of the service on him of such notice, send to the Authority, the Land Authority and to the Secretary of the Board a written statement of objection to the notice. (Amended 29 of 1998 s. 105) (2) A written statement under subsection (1) shall set out the nature of and reasons for the objection. (3) Where the Authority and the Land Authority receive a written statement under subsection (1) they may within 14 days of receipt of the statement send to the Secretary of the Board their written representations concerning such objection. (4) Upon receipt of a written statement under subsection (1) and any representations under subsection (3), the Secretary of the Board shall fix a time and place for the hearing of the objection by the Board and shall give 14 clear days' notice thereof to the objector. (5) The objector may attend the meeting of the Board at which the objection is to be heard, and may be heard in person or by his authorized representative. (6) Upon the hearing of the objection, the Board may- (a) reject the objection; (b) uphold the objection; or (c) direct the Land Authority to amend the notice served under section 16(2).(7) Where the Board rejects the objection or directs the Land Authority to amend the notice the Secretary shall notify the objector in writing of the Board's decision and shall also notify the objector of his right of appeal under subsection (8). |
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