1954-HKRS29-8-21_Part03 — Page 16

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Acceptance

of rent not to operate as a waiver of right of

re-entry or forfeiture,

Power of Land Officer ta revoke a mining lease.

31. The acceptance by or on behalf of the Crown of any rent shall not operate as a waiver by the Crown of any right of re-entry accruing or of any forfeiture incurred by reason of the breach of any of the provisions of this Ordinance or the regulations or of any covenant or condition, express or implied, in any lease granted under this Ordinance.

32. (1) The Land Officer may, by notice in writing, revoke any mining lease in any of the following cases, that is to say.

(a) if the lessee or any attorney, partner, agent or servant of such lessee is convicted of an offence against this Ordinance or the regulations or fails to comply with any of the requirements of this Ordinance or the regula- tions; or

(b) if the lessee or any attorney, partner, agent or servant of such lessee commits any breach of the terms or conditions whether express or implied of his lease; or (c) if the lessee becomes bankrupt, or makes a composition or scheme of arrangement with his creditors, or, being a company, goes into liquidation, whether compulsory or voluntary (except a voluntary liquidation of a solvent company for the purposes of reconstruction), or if a receiver or manager of the company's business or under- taking is appointed, or if possession is taken, by or on behalf of the holders of debentures Secured by a charge, of any property comprised in or subject to the charge; or (d) if, without the prior consent in writing of the Com- missioner, the lessee wholly or substantially discontinues mining operations during a continuous period of six months; or

(e) if the lease has been granted in error, whether such error relates to the area or to the boundaries or to any other matter whatsoever.

(2) The lessee or his attorney shall be given an opportunity to show cause why the lease should not be revoked.

(3) Before a lease is revoked under the provisions of sub- section (1), the Land Officer shall give notice in writing of his intention to the lessee or his attorney, specifying the reasons for the proposed revocation, and the lessee or his attorney may,

within one month after receipt of such notice, appeal by way of petition to the Governor in Council against the proposed revocation.

(4) A petition to the Governor in Council under the provi- sions of subsection (3) shall be lodged with the Clerk of Councils.

(s) On consideration of the petition, the Governor in Council may make such order as he thinks proper and such order shall be final.

PART V.

COMPENSATION.

tion

33. (1) For the purpose of hearing appeals under section 34. Mining a Mining Compensation Board (hereinafter referred to as the Compenes. Board), shall be established, and shall consist of a Chairman and Board. two other members appointed by the Governor.

(2) The members of the Board shall retain their membership during the Governor's pleasure and, subject thereto, for such period as may be specified in their instruments of appointment.

(3) The procedure of the Board on the hearing of an appeal shall, subject to any regulations made in that behalf under section 68, be of an informal character, but shall be such as to allow each of the parties an adequate opportunity to present his case.

(4) The Governor shall appoint a Secretary to the Board, and may determine his remuneration, if any.

tion for

34. (1) Reasonable compensation for use of the surface of Compensa any private land or any disturbance of the surface rights or any distur damage to such land or anything built, planted, grown or stand- bance of ing thereon, caused by prospecting or mining, shall be paid by rights, etc. the person prospecting or mining to the owner of such land and any lawful occupier thereof.

(2) Any dispute as to whether any compensation is payable under subsection (1), or as to the amount of any compensation so payable, may, in default of agreement, be referred to, and determined by, the Commissioner, who shall notify the parties of his decision.

Aurface