【法规名称】
【法规编号】 79725 什么是编号？
【正 文】
第8页 CAP 28 LAND (MISCELLANEOUS PROVISIONS) ORDINANCE
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[接上页] (3) Any refund of daily fee or economic costs under this section shall be paid by the Authority without interest. (4) In this section, "rainstorm warning" (暴雨警告) means a warning issued by the Director of the Hong Kong Observatory of a heavy rainstorm in, or in the vicinity of, Hong Kong by the use of the heavy rainstorm signal commonly referred to as Amber, Red or Black. (Part III replaced 17 of 2003 s. 4) Cap 28 s 10M Review of assessment (1) A public officer of the rank of Chief Technical Officer, Engineer or Senior Engineer or a public officer of equivalent rank with engineering qualifications relevant to the excavation concerned (collectively referred to as "the Engineer") in the Highways Department acting as the delegate of the Director of Highways shall make an assessment on— (a) the duration of an excavation permit if he exercises the Director of Highways' power under section 10A(1); (b) the duration of the initial period of an emergency excavation according to section 10C(5) if he exercises the Director of Highways' power under section 10C(4); (c) the duration of an extended period of an excavation permit extended under section 10A(3) if he exercises the Director of Highways' power under that section; (d) the duration of an extended period of an excavation permit extended under section 10A(4) if he exercises the Director of Highways' power under that section; (e) the duration of an extended period of an excavation permit extended under section 10D(4) if he exercises the Director of Highways' power under that section; (f) the duration of an extended period of an excavation permit extended under section 10F(2) if he exercises the Director of Highways' power under that section; (g) whether an extension is caused by reasons mentioned in section 10L(1)(b) if he exercises the Director of Highways' power under section 10L(1); (h) whether the reasons mentioned in section 10L(1)(b) hindered the progress of an excavation to which the excavation permit relates if he exercises the Director of Highways' power under section 10L(1); (i) whether a permittee has satisfied the matters in section 10L(2)(a), (b) and (c) if he exercises the Director of Highways' power under section 10L(2).(2) The Engineer who made an assessment under subsection (1) shall serve a notice of the result of his assessment on the permittee concerned. (3) A permittee who is aggrieved by an assessment made in respect of him under subsection (1) may— (a) within 28 days from the date of service of the notice under subsection (2), apply in writing to a public officer of the rank of Chief Engineer or Government Engineer or a public officer of equivalent rank with engineering qualifications relevant to the excavation concerned (collectively referred to as "the Chief Engineer") in the Highways Department for a review of the Engineer's assessment; (b) set out the result of his own assessment in an application made under paragraph (a).(4) On receipt of an application under subsection (3), the Chief Engineer shall review the assessment of the Engineer and serve a notice of the result of his review on the permittee concerned within 28 days from the date of the receipt of the application for review. (5) On a review under subsection (4), the Chief Engineer may— (a) vary the assessment complained of; (b) require a permittee who applied for a review under subsection (3) to pay extra prescribed fee; and (c) refund the prescribed fee or any part of the prescribed fee paid by the permittee.(6) After receipt of an application under subsection (3), if the Chief Engineer fails to serve a notice of the result of his review on the permittee concerned within the time specified in subsection (4), then— (a) where subsection (3)(b) is applicable, the result of the permittee's assessment shall be taken to be the result of the Chief Engineer's review; or (b) in any other case, the assessment made by the Engineer under subsection (1) on the subject matter of the application shall be taken to be the result of the Chief Engineer's review,and the Chief Engineer may, in accordance with the result of the review, exercise any of the powers conferred on him under subsection (5). (7) A permittee who is aggrieved by a decision made in respect of him under subsection (5) may— (a) within 28 days from the date of service of the notice under subsection (4), apply in writing to the Director of Highways for a review of the Chief Engineer's decision; (b) set out the result of his own assessment in an application made under paragraph (a).(8) On receipt of an application under subsection (7), the Director of Highways shall notify the Secretary who will set up a Review Board in accordance with section 10O. (9) The Review Board may fix a time and place for hearing an application for review under subsection (7) and invite the permittee concerned and the Chief Engineer who made the decision complained of to present their case. (10) A permittee who is invited to appear before a Review Board under subsection (9) may appear in person or may be represented by his authorized representative. |
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