1984 Ed.]
Electricity Networks (Statutory Easements)
[CAP. 357
3
"works" means the construction, operation, maintenance, repair or replacement of an electricity network or any part thereof, or the investigation or examination thereof or of any land situated on the route thereof.
3. (1) Where the Governor in Council is satisfied that a power company is carrying out or is about to carry out any works relating to an electricity network across any land in Hong Kong in accordance with the terms of a scheme approved by the Secretary for Lands and Works for the purposes of this section, the Governor in Council may, at the request of the company made in writing to the Secretary for Lands and Works, order that the provisions of this Ordinance shall apply to the company for the purpose of enabling the company to carry out such works in accordance with the approved scheme. (Amended, L.N.245/81)
(2) Before an order is made under this section in respect of an electricity network, the approved scheme relating thereto shall be deposited in the Land Office.
(3) It shall be sufficient for the purposes of an order made under this section to refer therein to an approved scheme by the description and date assigned thereto in the Land Office for the purposes of subsection (2).
4. (1) Subject to this Ordinance, a power company specified in an order made under section 3 may, in accordance with the terms of the approved scheme relating to the electricity network in respect of which the order is made, exercise from time to time all or any of the following rights in or over land situated on the route of such electricity network-
(a) the right to place and retain any electric line above or below ground across such land; and
(b) the right to carry out any works required for the purposes of paragraph (a) on such land, including the right to excavate, drain, remove or cover over any part of the soil of such land, and to lop, cut or remove any trees, shrubs, growing crops or vegetation of any kind on such land which obstruct or interfere with any electric line; and
(c) the right to enter on and pass over or under such land with such persons, animals, vehicles and equipment and to do all such acts thereon as may be necessary for or incidental to the exercise of any right conferred by this section,
but nothing in this section shall authorize the power company to place, construct, erect or retain any permanent structure, pole, mast or pylon on such land.
(2) In this section "land" does not include unleased land within the meaning of the Crown Land Ordinance (Cap. 28) which is not occupied under Part II of that Ordinance.