1960-HKRS28-8-27_Part04 — Page 7

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(b) metalliferous ores and other substances in their natural state mined or obtained in the course of prospecting operations:

(c) the valuable parts of such ores or other substances

when unmanufactured; and

(d) the product of treating or dressing such ores or other

substances for marketing or export;

but save in section 3 and save for the purposes of Part VIII of this Ordinance and of any regulations made under this Ordinance relating to safety in mines shall not include clay other than kaolin or murram, sard, limestone, granite, porphyry or chalk, or any stone or common mineral sub- stances as the Governor may by notice in the Gazette declare not to be minerals for the purpose of this Ordinance;":

(6) by the deletion from the definition of the words "prospec"

and "prospecting"--

() of the comma after the word "land" and the substitution therefor of a semicolon; and

t

(ii) of the following appearing after the word “land”—

"but do not include the removal of overburden from ground which can reasonably be sampled by pits not exceeding seven feet in depth or by bore-holes".

Repeal of

3.

Section 12 of the principal Ordinance is repealed.

section 12.

Amcodment

4.

Section 13 of the principal Ordinance is amended—

of section

13.

(a)

by the deletion of subsection (1) and the substitution therefor of the following-

"(1) Where any area has been closed to prospecting or mining under section 11 compensation shall be paid by the Governor out of the general revenue to the holder of a prospecting or mining licence or the lessee of a mining lease who is adversely affected by such closure,";

(b) by the deletion of subsection (2) and the substitution therefor

of the following-

"(2) Compensation shall be payable in the case of 2 prospecting licence in respect of disturbance and for the expenses incurred in prospecting the area and in the case of a mining licence or lease in respect of disturbance and for the loss of reasonable expectation of profits from proved minerals in, under or upon any land within or area in respect of which the mining licence or lease is held.":

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(c) by the deletion from the marginal note of the following-

5.

*or 12".

Section 14 of the principal Ordinance is amended by the Amendment deletion from the proviso to subsection (4) of the word "two" and the of section substitution therefor of the following-

6.

“"five".

Section 15 of the principal Ordinance is amended-

(a) in subsection (1)—–—

(i) by the deletion of the word "drill" and the substitution therefor of the following-

"make bore holes":

(ii) by the insertion at the end thereof of the following-

subject to the terms and conditions of the licence":

(b) by the addition after subsection (2) of the following new

subsection-

"(3) The holder of a prospecting licence shall not take any steps which may have the object or direct result of minerals being won in quantities in excess of those required to prove the mineral-bearing qualities and quan- tities of the area the subject of the licence.",

Section 13 of the principal Ordinance is repealed.

8.

Section 20 of the principal Ordinance is amended-

[4.

Amendment

of suction

15.

Repeal of pection 18.

Amendmeul of rection

(a) by the deletion of paragraph (2) and the substitution therefor 20.

of the following-

"(a) if the bolder thereof or any attorney, partner, ageot or servant of such bolder is convicted of any offence against this Ordinance or the regulations made there- under:";

(b) by the deletion of paragraph (b) and the substitution therefor

of the following-

"(8) if the holder commits any breach of the provisions of this Ordinance, or of the regulations made thereunder, or of the terms or conditions whether express or implied of his licence, not amounting to an offence against this Ordinance or the regulations made there- under, and if, on being called upon by the Commis- sioner to show cause within a time specified why his licence should not be revoked, he fails to comply with such order or if the cause shown is in the opinion of the Commissioner inadequate;";