1971-HKRS29-8-38_Part05 — Page 22

Authenticated Laws 確真本香港法例 All

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Rights of licensee.

Cancellation of licence.

Appeal against

refusal of licence.

(4) A licence shall be in the prescribed form and shall specify the area of land in respect of which it is granted.

(5) A licence shall not be transferable.

(6) The Authority may include such conditions in a licence as he considers appropriate, and in particular but without prejudice to the generality hereof, may include conditions as to the conduct of any excavation and search, the reporting, mapping and docu- menting thereof, the preservation of materials discovered, their removal, examination and return, and the making and delivery of casts, rubbings, squeezes and other reproductions.

14. (1) The holder of a licence may, subject to the conditions thereof, enter upon and excavate and search for antiquities, in, on or under-

(a) any Crown land within the area specified in the licence;

and

(b) subject to subsection (2), any private land within the area

specified in the licence.

(2) The holder of a licence shall not be entitled to enter upon. or excavate or search for antiquities in, on or under private land unless he first obtains the consent in writing of the owner and any lawful occupier of the land.

15. (1) Subject to subsection (2), the Authority may cancel any licence.

(2) A licence shall not be cancelled unless the holder of the licence has been given reasonable opportunity to make representa- tions to the Authority as to why his licence should not be cancelled.

(3) As soon as possible after the cancellation of a licence, the Authority shall, by notice in writing, served either personally or by registered post, inform the person whose licence has been cancelled of the cancellation and of the reasons therefor.

(4) Failure to comply with subsection (3) shall not invalidate the cancellation of a licence.

16. (1) A person aggrieved by the refusal of the Authority to grant him a licence, or to renew his licence, or by the cancella- tion of his licence, may within fourteen days after the date of such refusal or cancellation appeal by way of petition to the Governor who may confirm, vary or reverse the refusal or cancellation.

(2) The decision of the Governor on the appeal shall be final.

ANTIQUITIES ADVISORY BOARD.

17. (1) There is hereby established an Antiquities Advisory Board consisting of

(a) the Secretary for Home Affairs, or his representative, who

shall be Chairman;

(b) the District Commissioner, New Territories, or his repre-

sentative, who shall be Vice-Chairman; and

(c) such other members, nor exceeding seven, as may be

appointed by the Governor.

(2) The Board sholl meet at such times and places as the Chairman may direct.

(3) The Chaitman or, in his absence, the Vice-Chairman shall preside at a meeting of the Board.

(4) The person presiding and any three other members shall constitute a quorum at a meeting of the Board.

(5) The procedure at a meeting of the Board shall be such as the Board may determine.

18. The Board may advise the Authority on any matters relating to antiquities or monuments or referred to it for consulta- tion under section 3(1) or section 6(4).

MISCELLANEOUS.

19. Any person who-

(a) knowingly makes a false statement to the Authority or to a designated person as to the situation or circum- stances of the discovery of an antiquity;

(b)

contravenes section 6(1), section 11(1), or section 12; (c) without reasonable excuse, fails to comply with a request made to him by the Authority or a designated person under section 11(2); or

(d) wilfully obstructs the Authority, or any designated person authorized by him, in the exercise of his powers under section 5(1) or section 11(6).

shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and imprisonment for six months.

20. (1) Subject to this section, in any civil or criminal proceedings if it is proved that a relic or alleged relic was in Hong Kong after the date of commencement of this Ordinance, it shall be presumed, until the contrary is proved, that the discovery of the relic or alleged relic occurred after that date.

Establishment and meetings of Antiquities Advisory Board.

Board may advise Authority.

Offences,

Evidence.

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