1971-HKRS28-8-38_Part05 — Page 19

(Cap. 133.)

(C80. 97)

"Authority" means—

(a) in respect of the urban areas, the Secretary for Home

ABairs;

(b) in respect of the New Territories, except New Kowloos,

the District Commissioner. New Territories:

"Board" means the Antiquities Advisory Board established by

section 17:

"Crown land" means land other than private land;

"designated person" means-

(2) the officer in charge of police station;

(6) a police officer of or above the rank of inspector; and (c) any person specified by the Authority by notice in the

Gazette:

"discovery" means the finding in Hong Kong-

(a) in, on or under land or seat

(b) in or on anything growing on land; or

(c) attached to or within the fabric or foundations of a

structure in, on or under land or sea,

of an antiquity or supposed antiquity the presence of which was previously unknown to the owner of such land or

structure:

"Land Office" means the Land Office established under the Land Registration Ordinance and any District Land Office established under the New Territories Ordinance; "licence" means licence granted under section 13; "monument" means a place, building, site or structure which is

declared to be a monument under section 3;

"movable object" means an object which does not form part of

land;

"owner", in relation to land, means a person entitled to possession of the land under a Crown lease or agreement for lease, or other form of valid title from the Crown,

"permit" means a permit granted under section 6; "private land" means-

(a) land held under lease, agreement for lease, tenancy agree- ment, licence, permit, deed or memorandum of appropria- tion, or other valid title from the Crown; and

(b) land occupied by Her Majesty's forces, or for other purposes of the Crown in right of Her Majesty's Govern- ment in the United Kingdom, under lease, licence, permit,

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deed or memorandum of appropriation, requisition or other permanent or temporary title:

"relic" means—

(2) a movable object made, shaped, painted, carved, inscribed or otherwise created, manufactured, produced or modified by human agency before the year 1800, whether or not it has been modified, added to or restored after the year 1799; and

(b) fossil remains or impressions;

"supposed antiquity" means an object or site which may reason-

ably be supposed to be or to contain on antiquity.

MONUMENTS.

3. (1) Subject to section 4. the Authority may, after con- sultation with the Board and with the approval of the Governor, by notice in the Gazerie, declare any place, building, site or struc- ture, which the Authority considers to be of public interest by reason of its historical, archaeological or palacontological signif- cance, to be a monument

(2) A declaration under subsection (1) may include as part of a monument any land adjoining the place. building, site or structure required for fencing, covering or protecting the monu- ment or for providing or facilitating access thereto.

(3) A notice under subsection (1) shall include a reference to the appropriate plan deposited under subsection (4).

(4) The Authority shall, before publication of a declaration under subsection (1)—–

(a) sign and deposit in the appropriate Land Office a plan clearly showing the situation of the proposed monument; and

(b) if the declaration relates to a monument within private

land, register the declaration in the Land Office.

(5) The Authority shall-

(a) keep available at his office, for public inspection at all reasonable times, a copy of every plan deposited under subsection (4); and

(b) at the request of the owner or a lawful occupier of a monument which is shown on a plan so deposited, deliver a copy of the plan free of charge to the owner or occupier.

Declaration of monuments and plans thereof,