【法规名称】
【法规编号】 79725 什么是编号？
【正 文】
第3页 CAP 28 LAND (MISCELLANEOUS PROVISIONS) ORDINANCE
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[接上页] (i) where the offender has been engaged in any way in, or has arranged or directed, the erection of the structure for the purpose of disposing of the structure for gain for himself or another, to a fine of $50000 and to imprisonment for 1 year; and (ii) in any other case, to a fine of $10000 and to imprisonment for 6 months. (Added 56 of 1979 s. 3. Amended 46 of 1982 s. 2)(5) The Authority may recover from any person convicted of an offence under subsection (4) or (4A) any cost incurred in or arising out of the demolition of any property or structure under subsection (2A) or (3) and the exercise of the powers conferred by this section. (Amended 56 of 1979 s. 3) Cap 28 s 6A Presumption Remarks: Amendments retroactively made - see 29 of 1998 s. 12 In any proceedings for an offence under paragraph (a) or (b) of section 6(4A) in respect of any structure, any person who is proved to have done any act specified in paragraph (a) or (b) of that section shall, until the contrary is proved, be presumed to have done so for the purpose of disposing of that structure for gain. (Added 46 of 1982 s. 3) Cap 28 s 7 Prohibition of removal of earth, turf or stone from unleased land Remarks: Amendments retroactively made - see 29 of 1998 s. 12 (1) No person shall extract or remove earth, turf or stone from unleased land except under and in accordance with a removal permit issued under this section. (2) The Authority may issue a removal permit authorizing the extraction and removal of earth, turf or stone from unleased land. (3) A removal permit shall be valid for the period specified therein, but the Authority may extend the period for which the permit is valid. (4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 6 months. Cap 28 s 8 Interpretation *PART III EXCAVATION IN UNLEASED LAND (1) For the purpose of this Part and the Schedule— "carriageway" (车路) means a street or part of a street over which the public has a right of way for the passage of motor vehicles; "initial period" (首段期间) means the initial period mentioned in section 10C(3); "Secretary" (局长) means the Secretary for the Environment, Transport and Works; "street" (街道) includes any slope not used or frequented by the public or to which the public do not have access or are not permitted to have access; "street maintained by the Highways Department" (由路政署维修的街道) includes any road defined under section 2 of the Tramway Ordinance (Cap 107) which is not reserved exclusively for use by trams. (2) Any reference in this Part or the Schedule to a street shall be construed as a street in unleased land and maintained by the Highways Department. (Part III replaced 17 of 2003 s. 4)____________________________________________________________________________ Note: *This Part was amended by section 4 of the Land (Miscellaneous Provisions) (Amendment) Ordinance 2003 (17 of 2003). The transitional provisions contained in section 10 of that Amendment Ordinance read as follows— “10. Transitional provisions (1) Notwithstanding anything contained in this Ordinance, the pre-amended Ordinance shall continue to apply to an excavation in unleased land which is being made or maintained or is to be made or maintained pursuant to— (a) an excavation permit or an extension in respect of an excavation permit which is in force immediately before or on the commencement date and continues in force after the commencement date; or (b) an excavation permit or an extension in respect of an excavation permit the application for the issue or the grant of which is made before the commencement date and which is issued or granted on or after the commencement date.(2) Where immediately before the commencement date, an application has been made under the pre-amended Ordinance for the issue of or the grant of an extension in respect of an excavation permit, the application is to continue to have effect and is to be dealt with in all respects as if this Ordinance had never been enacted. (3) For the purpose of this section— “commencement date”# (生效日期) means the day appointed under section 1(2) as the day on which this Ordinance comes into operation; “excavation permit” (挖掘准许证) has the same meaning as in section 2 of the pre-amended Ordinance; “pre-amended Ordinance” (未经修订的条例) means the Land (Miscellaneous Provisions) Ordinance (Cap 28) which is in force immediately before the commencement date.”. # Commencement date: 1 April 2004. Cap 28 s 9 Application of certain provisions (1) Sections 10C, 10D, 10E(2), 10F, 10L, 10M, 10N, 10O, 10P, 10U, 18B and 18C only apply in the case of an excavation in a street. (2) Sections 10B and 10R only apply in the case of an excavation in unleased land, other than streets. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10 Control of excavations in unleased land |
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