【法规名称】
【法规编号】 79725 什么是编号？
【正 文】
第11页 CAP 28 LAND (MISCELLANEOUS PROVISIONS) ORDINANCE
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[接上页] (a) adopt all necessary safety precautions to protect the public or any person making or maintaining an excavation to which the permit relates from any danger or injury; (b) provide adequate support for the structural stability of buildings, roads, slopes, structures, pipes, lighting posts, utility services or similar installations adjacent to the excavation so as to prevent the public or any person from being endangered by a fall or displacement of earth, rock or other material.(2) Where there is a permittee and no nominated permittee and subsection (1) is contravened, the permittee shall be guilty of an offence and shall be liable on conviction to a fine of $200000. (3) Where there is a permittee and a nominated permittee and subsection (1) is contravened, both the permittee and the nominated permittee shall each be guilty of an offence and shall each be liable on conviction to a fine of $200000. (4) It is a defence in a proceeding against a person for an offence under subsection (2) or (3) if the person charged shows that he took all reasonable steps and exercised all due diligence to avoid committing the offence. (5) A court may, in making a decision on the defence provided under subsection (4), take into consideration that a person charged with an offence under subsection (2) or (3) has— (a) hired a competent person to supervise the excavation concerned; (b) a documented system for supervising the excavation concerned, including but not limited to a system which— (i) is managed by a competent person; and (ii) requires inspection of the excavation to ensure compliance with duties imposed under subsection (1) and record of such inspection;(c) a documented system to ensure his contractor complies with the duties imposed under subsection (1); (d) taken other reasonable steps.(6) For the purpose of subsection (5), "competent person" (合资格人士) means a person who is registered as— (a) a registered architect under the Architects Registration Ordinance (Cap 408); (b) a registered professional engineer under the Engineers Registration Ordinance (Cap 409) and is within a discipline which is relevant to the excavation concerned or the works within that excavation; (c) a registered professional surveyor under the Surveyors Registration Ordinance (Cap 417) and is within a discipline which is relevant to the excavation concerned or the works within that excavation; or (d) a safety officer under the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations (Cap 59 sub. leg. Z) and— (i) where subsection (5)(a) is applicable, has at least 3 years experience in supervising excavation which is similar to the excavation concerned; or (ii) where subsection (5)(b)(i) is applicable, has at least 3 years experience in managing documented system which is similar to the system described in that subsection. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10U Designation of strategic street, sensitive street and remaining street (1) The Director of Highways may, by notice published in the Gazette— (a) designate any street or part of a street as a strategic street, a sensitive street or a remaining street after taking into consideration the economic costs of traffic delay in a carriageway caused or likely to be caused by an excavation carried out on the street; and (b) amend or revoke any such designation.(2) For the avoidance of doubt, it is declared that a notice published under subsection (1) is not subsidiary legislation. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10V Service of notice A notice (howsoever described) which under this Part is required to be, or may be, sent or served to or on a person (howsoever described) other than the Authority shall, in the absence of evidence to the contrary, be deemed to be so sent or served if— (a) in the case of an individual, it is— (i) delivered to him; (ii) left at his last known address for service, or at his last known place of residence or business, in Hong Kong; (iii) sent by post to him at his last known address for service, or at his last known postal address, in Hong Kong; or (iv) sent by telex, facsimile transmission or other similar method to him at his last known address for service, or at his last known postal address, or at his last known place of residence or business, in Hong Kong;(b) in the case of a company, it is— (i) given to or served on a director or manager of the company; (ii) left at the company's last known address for service, or at its last known place of business, in Hong Kong; (iii) sent by post to the company at its last known address for service, or at its last known postal address, in Hong Kong; or (iv) sent by telex, facsimile transmission or other similar method to the company at its last known address for service, or at its last known postal address, or at its last known place of business, in Hong Kong;(c) in the case of a partnership, it is— (i) delivered, left or sent in accordance with paragraph (a) in respect of any partner who is an individual; or |
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