【法规名称】
【法规编号】 79496 什么是编号？
【正 文】
第11页 CAP 285 MINING ORDINANCE
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[接上页] (3) It shall be lawful for the Chief Executive in his absolute discretion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds. (Amended 57 of 1999 s. 3) Cap 285 s 60 Service of documents PART X MISCELLANEOUS PROVISIONS Save as is otherwise expressly provided, any notice or other document required or authorized to be served under this Ordinance or the regulations may be served either- (a) by delivering it to the person on whom it is to be served; or (b) by leaving it at the usual or last known place of abode or business of that person; or (c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode or business; or (d) in the case of an incorporated company, by delivering it to the secretary of the company at its registered or principal office or sending it in a prepaid registered letter addressed to the secretary of the company at that office. Cap 285 s 61 Right of the Chief Executive to take materials Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 The grant of any licence or lease under this Ordinance shall not limit the power of the Chief Executive to take from the land the subject of the licence or lease any materials required for the construction of railways, roads, buildings or other public works, and such other materials as are not included in the licence or lease, but so that such taking shall not interfere with or hinder any mining operations carried on under such licence or lease. (Amended 57 of 1999 s. 3) Cap 285 s 62 Government servants prohibited from acquiring rights Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 No person while in the service of the Government shall, directly or indirectly, acquire or hold for his own benefit any right or interest under any prospecting or mining licence or mining lease, and any licence or lease or other document or transaction purporting to confer any such right or interest on any such person shall be null and void. (Amended 57 of 1999 s. 3) Cap 285 s 63 Officers empowered to conduct prosecutions Notwithstanding the provisions of any other enactment, any mines officer authorized in writing by the Commissioner, either generally or in any particular case, may conduct the prosecution of any offence against this Ordinance or the regulations. Cap 285 s 64 Lateral limits The lateral limits of the area in respect of which a prospecting or mining licence or mining lease is granted, shall be vertical planes passing through the surface boundaries of such area. Cap 285 s 65 Resumption of land required for public purposes Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 62 & 105; 57 of 1999 s. 3 (1) Whenever the Chief Executive in Council decides that the resumption of any Government land within the area of a mining lease is required for a public purpose, the Chief Executive may call upon the lessee thereof to surrender his rights and interests in such land under his lease, and the lessee shall, within two months after the date upon which such decision is communicated to him, execute an instrument of surrender thereof in such form as may be approved by the Director of Lands. (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 29 of 1998 s. 105; 57 of 1999 s. 3) (2) In this section, the expression "resumption for a public purpose" (收回作公共用途) has the meaning ascribed to that expression by section 2 of the Lands Resumption Ordinance (Cap 124), but otherwise the provisions of that Ordinance shall have no application to a resumption under the provisions of subsection (1). (Amended 29 of 1998 s. 62) (3) If the lessee fails to execute an instrument of surrender within due time as provided in subsection (1), the Chief Executive may revoke the mining lease, and thereupon the lease and the rights of the parties thereunder shall absolutely determine but without prejudice to the rights and remedies of the parties in respect of any antecedent breach, non-observance or non-performance of the provisions thereof. (Amended 57 of 1999 s. 3) (4) Compensation shall be paid by the Government to the lessee for disturbance, and also for the loss of reasonable expectation of profits from proved minerals in, under or upon any land resumed under this section. (5) Any dispute as to what are proved minerals in, under or upon any land resumed as aforesaid, and any dispute as to whether any compensation is payable or as to the amount of such compensation, shall, in default of agreement, be determined by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap 341). Cap 285 s 66 Power of Director of Lands and Commissioner to require giving of security, and provisions in connection therewith Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) In the case of a mining lease, the Director of Lands, and, in the case of a prospecting or mining licence, the Commissioner, may- |
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