1954-HKRS29-8-21_Part03 — Page 21

Service af documents.

Right

of the Governor to take materials.

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not, and upon the making of such order for forfeiture the said minerals shall be deemed to be the property of the Crown free from all rights of any person.

(*) Before making any such order, the magistrate shall give to any person claiming or appearing to the magistrate to be the owner of or otherwise interested in such minerals an opportunity of being heard.

(3) It shall be lawful for the Governor in his absolute dis- cretion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds.

PART X

MISCELLANEOUS PROVISIONS.

62. Save as is otherwise expressly provided, any notice or other document required or authorized to be served under this Ordinance or the regulations may be served either-

(a) by delivering it to the person on whom it is to be served;

or

(b) by leaving it at the usual or last known place of abode

or business of that person; or

(e) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode or business; or

(d) in the case of an incorporated company, by delivering it to the secretary of the company at its registered or principal office or sending it in a prepaid registered letter addressed to the secretary of the company at that office.

63. The grant of any licence or lease under this Ordinance shall not limit the power of the Governor to take from the land the subject of the licence or lease any materials required for the construction of railways, roads, buildings or other public works, and such other materials as are not included in the licence or lease, but so that such taking shall not interfere with or hinder any mining operations carried on under such licence or lease.

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Bervants

64. No person while in the service of the Crown shall, directly Crown, or indirectly, acquire or hold for his own benefit any right or prohibited interest under any prospecting or mining licence or mining lease, from

acquiring and any licence or lease or other document or transaction pur- rights. porting to confer any such right or interest on any such person shall be null and void.

66. Notwithstanding the provisions of any other enactment, Officers any mines officer authorized in writing by the Commissioner, empowered to conduct either generally or in any particular case, may conduct the pro- prosecn- secution of any offence against this Ordinance or the regulations, ilona.

06. The lateral limits of the area in respect of which a pros- Lateral pecting or mining licence or mining lease is granted, shall be limits. vertical planes passing through the surface boundaries of such

area,

purposes.

87. (1) Whenever the Governor in Council decides that the Resumo- resumption of any Crown land within the area of a mining lease on of

land is required for a public purpose, the Governor may call upon the required lessee thereof to surrender his rights and interests in such land for public under his lease, and the lessee shall, within two months after the date upon which such decision is communicated to him, execute an instrument of surrender thereof in such form as may be approved by the Land Officer.

(a) In this section, the expression "resumption for a public purpose" has the meaning ascribed to that expression by section a of the Crown Lands Resumption Ordinance, but otherwise the (Cap. 124). provisions of that Ordinance shall have no application to a resumption under the provisions of subsection (1).

(3) If the lessee fail to execute an instrument of surrender within due time as provided in subsection (1), the Governor may revoke the mining lease, and thereupon the lease and the rights of the parties thereunder shall absolutely determine but without prejudice to the rights and remedies of the parties in respect of any antecedent breach, non-observance or non-performance of the provisions thereof.

(4) Compensation shall be paid by the Government to the lessee for disturbance, and also for the loss of reasonable expecta- tion of profits from proved minerals in, under or upon any land resumed under this section.