【法规名称】
【法规编号】 79496 什么是编号？
【正 文】
第10页 CAP 285 MINING ORDINANCE
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[接上页] (b) mines, save under the authority of, and in accordance with the terms and conditions of, a valid mining licence or mining lease; (c) prospects or mines on any of the lands mentioned in section 9 without the requisite authority; (d) prospects or mines in contravention of a declaration under section 11; or (Amended 33 of 1960 s. 21; 57 of 1999 s. 3) (e) fails to comply with any order of the Commissioner under section 29,shall be guilty of an offence and shall be liable to a fine of five thousand dollars and to imprisonment for 2 years. Cap 285 s 52 Penalty for contraventions of section 8, 15, 27 or 28 Any person who contravenes the provisions of section 8, 15, 27 or 28 shall be guilty of an offence and shall be liable to a fine of two thousand dollars and to imprisonment for twelve months. Cap 285 s 53 Offences and penalties in relation to possession and purchase of minerals Any person who contravenes the provisions of section 35, 36, 38, 39 or 40 shall be guilty of an offence and shall be liable to a fine of four thousand dollars and to imprisonment for twelve months. Cap 285 s 54 Fraud by applicant for prospecting licence or mining licence (1) Any person who falsely represents that he has obtained the grant of a prospecting or mining licence or mining lease, and thereby induces or attempts to induce any person to invest capital in connection therewith before he has obtained the grant of such prospecting or mining licence or mining lease, shall be liable to forfeit any claim to the grant of such prospecting or mining licence or mining lease. (2) Nothing in this section shall relieve any person from liability to civil action or criminal prosecution in respect of the said representation. Cap 285 s 55 Wilfully or recklessly giving false information or withholding information, and contravention of section 66(8) Any person who- (a) wilfully or recklessly gives false information, or who withholds information, as to any of the matters in respect of which information is required to be given under this Ordinance or the regulations made thereunder; or (b) contravenes the provisions of subsection (8) of section 66,shall be guilty of an offence and shall be liable to a fine of one thousand dollars and to imprisonment for six months. (Replaced 33 of 1960 s.22) Cap 285 s 56 Interfering with mining prospecting or the exercise of any right conferred by this Ordinance Any person who- (a) interferes with any mining or prospecting operations authorized by or under this Ordinance; (b) obstructs any person in the exercise of any right conferred by or under this Ordinance; (c) interferes with any machinery, plant, works or property established on, in, under or over any land in exercise of a right conferred by or under this Ordinance,shall be guilty of an offence and shall be liable to a fine of two thousand dollars and to imprisonment for twelve months. Cap 285 s 57 Salting Any person who places or deposits, or is an accessory to the placing or depositing of, any metal, ore or mineral in any place with intent to mislead any person as to the nature, quality or quantity of the mineral naturally occurring at such place, or who mingles or causes to be mingled with any sample of metal, mineral or ore, any valuable metal or any substance whatsoever which will increase or decrease the value or in any way change the nature of the said metal, mineral or ore, with intent to defraud any person, shall be guilty of an offence triable upon indictment and shall be liable to a fine of ten thousand dollars and to imprisonment for five years. (Amended 50 of 1991 s. 4) Cap 285 s 58 Liability of employer for offences committed by his employees Whenever it is proved to the satisfaction of any court having jurisdiction that an offence against this Ordinance or the regulations has been committed by any employee of the holder of any licence or lease granted under this Ordinance, the employer shall be held to be liable for such offence and to the penalty provided therefor, unless he proves to the satisfaction of such court that the offence was committed without his knowledge or consent and that he had exercised all due diligence to prevent the commission of the offence: Provided that nothing in this section shall be deemed to exempt the employee from the penalties provided for the offence committed by him. Cap 285 s 59 Forfeiture Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 (1) It shall be lawful for a magistrate to order to be forfeited to the Government any minerals with respect to which any offence against section 35, 36, 38, 39 or 51 has been committed, whether any person has been convicted of such offence or not, and upon the making of such order for forfeiture the said minerals shall be deemed to be the property of the Government. (Amended 33 of 1960 s. 23) (2) Before making any such order, the magistrate shall give to any person claiming or appearing to the magistrate to be the owner of or otherwise interested in such minerals an opportunity of being heard. |
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