【法规名称】
【法规编号】 79725 什么是编号？
【正 文】
第2页 CAP 28 LAND (MISCELLANEOUS PROVISIONS) ORDINANCE
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[接上页] (5) If an investigation under subsection (4) shows that the public officer concerned is continuing to contravene Part III, the Secretary for the Environment, Transport and Works shall ensure that the best practicable steps are taken to— (a) stop the contravention; and (b) avoid the recurrence of any like contravention if he considers that the public officer concerned or any other public officer, is likely to commit the like contravention.(6) If— (a) either— (i) a report under subsection (3) is received where paragraph (b)(i) of that subsection is applicable; or (ii) an investigation under subsection (4) shows that the public officer concerned has stopped the contravention; but(b) the Secretary for the Environment, Transport and Works considers that the public officer concerned or any other public officer, is likely to commit a like contravention,then the Secretary for the Environment, Transport and Works shall ensure that the best practicable steps are taken to avoid the recurrence of the like contravention. (Added 17 of 2003 s. 3) Cap 28 s 3 Designation of Authorities Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 12; 3 of 2000 s. 3 (1) For the purpose of the provisions of this Ordinance specified in the first column of the Schedule the Authority shall, in the areas specified in the second column of that Schedule, be the person or public officer specified in respect thereof in the third column of that Schedule. (Amended 23 of 1973 s. 36) (2) The Chief Executive may by notice in the Gazette amend the Schedule. (Amended 3 of 2000 s. 3) Cap 28 s 4 Occupation of unleased land Remarks: Amendments retroactively made - see 29 of 1998 s. 12 PART II OCCUPATION OF UNLEASED LAND Unleased land shall not be occupied except under a licence or a deed or memorandum of appropriation. Cap 28 s 5 Issue and validity of licences Remarks: Amendments retroactively made - see 29 of 1998 s. 12 (1) The Authority may, on payment of the appropriate prescribed fee, issue a licence to occupy unleased land. (2) Subject to subsection (3), a licence shall be valid for the period specified therein and may be renewed for such period as the licensing authority thinks fit. (3) A licence may be terminated by the licensing authority by giving such notice as may be specified in the licence. Cap 28 s 6 Unlawful occupation of unleased land Remarks: Amendments retroactively made - see 29 of 1998 ss. 12 & 105 (1) Subject to subsection (2A), if unleased land is occupied, otherwise than under a licence or a deed or memorandum of appropriation, the Authority may cause a notice, requiring the occupation of the land to cease before such date as may be specified in the notice, to be posted in one or more places- (Amended 56 of 1979 s. 3) (a) on or near the land; or (b) on any property or structure on the land.(2) If the occupation of unleased land does not cease as required by a notice under subsection (1), any public officer, or other person, acting on the direction of the Authority may, with the assistance of such other public officers or other persons as may be necessary- (a) remove from the land the persons (if any) thereon; and (b) take possession of any property or structure on the land.(2A) Notwithstanding subsection (1), where- (a) a structure is being erected on or over unleased land, otherwise than under a licence or a deed or memorandum of appropriation; or (b) a structure has been erected on unleased land, otherwise than under a licence or a deed or memorandum of appropriation, and the Authority is reasonably satisfied that the structure is not being habitually and bona fide used,any public officer, or other person, acting on the direction of the Authority may, with the assistance of such other public officers or other persons as may be necessary, and without giving any notice- (i) remove from the structure any person or property therein; (ii) demolish the structure; and (iii) take possession of such property and of any property resulting from the demolition of the structure. (Added 56 of 1979 s. 3)(3) Any property or structure of which possession is taken under subsection (2)(b) or subsection (2A)(iii) shall become the property of the Government free from the rights of any person and may be demolished or otherwise dealt with as the Authority thinks fit. (Amended 56 of 1979 s. 3; 29 of 1998 s. 105) (4) Any person occupying unleased land, otherwise than under a licence or a deed or memorandum of appropriation, who without reasonable excuse does not cease to occupy the same as required by a notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 6 months. (4A) Any person who- (a) is engaged in any way in the erection of a structure on unleased land; or (b) arranges or directs the erection of a structure on unleased land,being a structure being erected otherwise than under a licence or a deed or memorandum of appropriation, shall be guilty of an offence and shall be liable on conviction- |
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