【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
第7页 CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
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[接上页] (5) The decision of the Secretary that any operations are of a preventive or remedial nature or that such operations are reasonably necessary shall be final. (6) The Secretary may, as occasion may require, enter any land or building in respect of which any of the powers contained in subsection (1) have been exercised and may in relation to that land or building exercise such powers, subject to subsection (2), as often as occasion may require. Cap 370 s 20 Utility services (1) The Secretary may give notice to the owner of any gas, electricity, water or telecommunications service apparatus situated on any unleased Government land requiring him, at his own expense (subject to any contract between that owner and the Government), to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post or other apparatus the nature of which was described in the scheme mentioned in section 5 and which belongs to or is maintained by that owner and to repair any road surface thereby disturbed if in the opinion of the Secretary such alteration and repair is required for the purposes of or incidental to the works or the use. (Amended 36 of 2000 s. 28) (2) A notice under subsection (1) shall- (a) specify the nature of apparatus to which the notice applies and set out the Secretary's requirements as to the alteration of its course or position and the repair of any road surface; (b) stipulate the period within which such work shall be carried out; and (c) be served upon the owner not later than 1 month before the commencement of that period.(3) The period mentioned in subsection (2)(b) shall be a period which is reasonably necessary for the carrying out of the Secretary's requirements as mentioned in subsection (2)(a) and, before stipulating a period, the Secretary shall consult the owner of the apparatus to which the notice applies. (4) If the owner does not comply with the notice given to him under subsection (1), the Secretary may carry out the operations mentioned in that notice and, subject to any contract between that owner and the Government, recover the cost thereof from the person to whom the notice was given. (Amended 29 of 1998 s. 105) Cap 370 s 21 Removal of projections or obstructions Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) The Secretary may give notice to the owner of any land or building described in the scheme mentioned in section 5 requiring him to remove any object or structure described in the notice which is attached to or projects from the land or building if in the opinion of the Secretary the removal of the object or structure is necessary for the purposes of or incidental to the works or the use. (2) A copy of the notice under subsection (1) shall be given to any occupier of the land or building known to the Secretary. (3) A notice under subsection (1) shall- (a) describe the object or structure to be removed; (b) stipulate the period within which the work of removal shall be carried out; (c) be given to the owner and occupier of the land or building not later than 28 days before the commencement of that period; and (d) state that any person having a compensatable interest under this Ordinance may serve a written claim upon the Secretary.(4) If the owner of the land or building does not comply with a notice given to him under subsection (1), the Secretary may enter the land or building, together with such other persons as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons at the expense of the Crown. (5) An object or structure removed under subsection (4), whether or not it was erected or maintained in contravention of any Ordinance or Government lease or other instrument under which the land is held, may be disposed of as the Secretary thinks fit. (Amended 29 of 1998 s. 105) Cap 370 s 22 Control of building plans and commencement of work Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) Notwithstanding the Buildings Ordinance (Cap 123), where the Building Authority is of the opinion that any building works on land described in the scheme mentioned in section 5 would be incompatible with the works or the use, he may to such extent as is necessary to avoid such incompatibility- (a) refuse to give his approval to any plan or to consent to the commencement of the building works; (b) if there is no subsisting consent to the commencement of the building works, withdraw any approval which he has or is deemed to have given to any plan; (c) require the amendment of any plan relating to the building works; (d) impose conditions, whether as to time or otherwise, on the giving of approval to plans relating to the building works or consent to commence such works.(2) The carrying out of any building works- (a) contrary to any refusal under subsection (1)(a) or following any withdrawal of approval under subsection (1)(b); or (b) otherwise than in accordance with any plan amended under subsection (1)(c) or condition imposed under subsection (1)(d),shall, for the purposes of sections 23 and 24 of the Buildings Ordinance (Cap 123), be deemed to constitute a contravention of that Ordinance. |
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