1954-HKRS30-8-44_Part02 — Page 43

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Power of

90. (1) If in respect of any mine the plans required by Superinten- dent in

regulation g6 are not made, or are not kept as required, the respect of Superintendent of Mines may have such plans or necessary

additions thereto made at the expense of the manager.

plans.

Duty not to make plans public.

Duty re- garding abandon- meat of mime.

Obligation

to remedy

any dangerous practice.

(2) If copies of the underground plan are not deposited as required by regulation 47 or if copies sent are not made according to the regulations, the Superintendent of Mines may have copies or any necessary additions thereto made at the expense of the Inaŋager.

100. Copies of the plans referred to in regulations g6 to 99 or any information concerning them shall not be given by any public servant to any unauthorized person; nor shall they be inspected by any unauthorized person without the written permission of the manager :

Provided that nothing in this regulation shall prevent officers of the Mines Department showing or supplying to the public maps showing boundaries of titles and topography.

101. Before a mine or any part of a mine is abandoned or closed down or rendered inaccessible, all underground plans shall be brought up to date, and copies thereof shall be deposited at the office of the Mines Department.

PART XII.

General.

102. (1) Where in exercise of the powers conferred by section 40 of the Ordinance, a mines ollicer considers any mine or any matter, thing or practice in or connected with a mine to be dan- gerous or defective so us, in his opinion, to threaten or tend to the bodily injury of any person, he may give notice in writing thereof to the manager with a copy to the holder of the licence or lessee or his agent and shall state in such notice the particulars in which he considers such mine, matter, thing or practice to be dangerous or defective, and shall require the same to be remedied,

either forthwith or within such time as he may specify, and may order work to be suspended until the danger is removed to his satisfaction.

(2) On receipt of the notice issued under paragraphı (1), the manager shall comply therewith, or, if he intends to object thereto. he shall cease to use the said mine, or part thereof or thing or practice, as to which notice has been given, and shall forthwitha withdraw all men from the dunger indicated in such notice until such time as the matter is determined by the Superintendent of Mines:

Provided that if, in the opinion of the officer who made the order, there is no immediate danger. he may allow work to proceed during such period, under such restrictions and upon such conditions as he may specify in writing in order to ensure the safety of the workmen.

(3) (4) When the manager is aggrieved by the provisions of any notice given under paragraphs (1) and (2), he may within seven days after the receipt thereof, state his objection in writing to the Superintendent of Mines and thereupon the matter shall be determined by the Super- intendent of Mines or by such officer as he may appoint on that behalf.

(6) The Superintendent of Mines, or such officer, when considering the objection may take cognizance of any reports bearing on the mine, thing or practice considered dangerous or defective and the degree of skill of those to be employed in the mine.

(4) Any manager aggrieved by a decision made under the provisions of paragraph (3) may, within fifteen days of the noti- fication to him of that decision, appeal to the Commissioner.

and

103. Any person who contravenes the provisions of regulation Offencer 3. 4. 5. 7(0), 8 to 14, 15(2), 17 to 21, 22(1), 22(7), 22(8), 22(0),

penalties. 23 10:28, 30, 31, 34 34, 350), 30, 3701) or (2), 38 to 54, 55(1) or (3), 57, 58, 59, 600), 61 la 78, 79(1) or (3), So to 85, 87(1), 90, 92, 95, 96(1), 97, 101, or 102(2) shall be guilty of an offence and liable to u fine of one thousand dollars and to imprisonment for six months.