【法规名称】
【法规编号】 79783 什么是编号？
【正 文】
CAP 127 FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE
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To provide for the publication of proposals in respect of reclamations over and upon any foreshore and sea-bed; to make provision in respect of objections to the proposals, the payment of compensation and connected matters; and to repeal the Public Reclamations and Works Ordinance (Cap 113 1984 Ed.) and the Foreshores and Sea Bed Ordinance (Cap 127 1984 Ed.). (Enacted 1985) [9 August 1985] (Originally 63 of 1985) Cap 127 s 1 Short title This Ordinance may be cited as the Foreshore and Sea-bed (Reclamations) Ordinance. (Enacted 1985) Cap 127 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Director" (署长) means the Director of Lands; (Amended L.N. 94 of 1986; L.N. 291 of 1993) "foreshore and sea-bed" (前滨及海床) means the shore and bed of the sea and of any tidal water within Hong Kong, below the line of the high water mark; and "non-working day" (非工作日) means a day that is not a working day; (Added 6 of 2001 s. 3) "note-issuing bank" (发钞银行), for the purposes of sections 14 and 15, has the meaning assigned to it by section 2 of the Legal Tender Notes Issue Ordinance (Cap 65); (Added 6 of 2001 s. 3) "reclamation" (填海工程) includes any work over and upon any foreshore and sea-bed; "working day" (工作日), for the purposes of sections 14 and 15, means any day other than- (a) a public holiday; or (b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1). (Added 6 of 2001 s. 3) (Enacted 1985) Cap 127 s 3 Plans relating to reclamations Where a reclamation is proposed in relation to any foreshore and sea-bed, the Director shall prepare a plan delineating and describing the proposed reclamation and the foreshore and sea-bed intended to be affected thereby. (Enacted 1985) Cap 127 s 4 Availability for public inspection A copy of a plan prepared under section 3 shall, upon the publication of a notice under section 5, be available for inspection by the public free of charge at such offices of the Government as the Director may direct, during the hours when those offices are open to the public. (Enacted 1985) Cap 127 s 5 Publication (1) Upon completion of the preparation of a plan under section 3, the Director shall cause notice of the plan to be published- (a) in 2 issues of the Gazette in both the Chinese and English languages; (b) in 2 issues of a Chinese language newspaper; (c) in 2 issues of an English language newspaper; and (d) by affixing copies in the Chinese and English languages in such prominent positions within or near the foreshore and sea-bed affected by the notice, as may be appropriate for the purposes of drawing the notice to the attention of the public.(2) The notice referred to in subsection (1) shall- (a) describe the foreshore and sea-bed affected and describe the manner in which it will be affected by the proposed reclamation; (b) either be published together with a copy of the plan to which it relates, or state where and at what times a copy of the plan may be inspected; and (c) state that any person who considers that he has an interest, right or easement in or over the foreshore and sea-bed so described, may object to the proposal under section 6.(3) A notice published under this section shall be deemed to be notice to every person who has an interest, right or easement in or over the foreshore and sea-bed described therein. (Enacted 1985) Cap 127 s 6 Objections (1) Any person who considers that he has an interest, right or easement in or over the foreshore and sea-bed described in a notice published under section 5 may, by notice in writing delivered to the Director before the expiration of such time being not less than 2 months as shall be specified in the notice, object to the proposed reclamation. (2) A notice of objection shall describe the interest, right or easement of the objector and the manner in which he alleges he will be affected. (3) An objection delivered under subsection (1) may be amended or withdrawn in writing at any time before the proposed reclamation is considered under section 7 or 8; and if withdrawn, shall be treated for the purposes of those sections as not having been made. (Enacted 1985) Cap 127 s 7 Authorization procedure if no objection made Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 When the time for the making of objections under section 6 in respect of a proposed reclamation has expired and no objection has been delivered to the Director, or if any objections made have all been withdrawn, the Chief Executive may authorize the proposed reclamation. (Enacted 1985. Amended 62 of 2000 s. 3) Cap 127 s 8 Authorization procedure if objection made Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) Where at the expiry of the time for the making of objections under section 6 in respect of a proposed reclamation any objection has been delivered under that section, the Director shall, within a period of 9 months after the expiry of that time, or within such further period of not more than 6 months after the expiry of that period as may, upon the application of the Director, be allowed by the Chief Executive having regard to the circumstances of the case, submit to the Chief Executive in Council for consideration the proposed reclamation and any such objection, and the Chief Executive in Council shall consider the proposed reclamation and every objection and may- |
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