1972-HKRS28-16-20_Part03 — Page 44

Designation of Authorities. Pirm Schedule.

Occupation of Unleased land.

Issue and validity of

licences.

2

"leased land" means land which is-

(a) held under a Crown lease; or

(b) vested in a person by an Ordinance; "lessee" means a person holding leased land; "licence" means a licence issued under section 5:

"licensee" means a person occupying land under a licence or under a licence or permit granted or issued under any other Ordinance.

"licensing authority" means the Authority empowered by section

5 to issue a licence;

fi

"occupy" includes use, inhabit, be in possession of, enjoy, erect or maintain a structure on or over, and place or maintain anything on, land;

"private street" means a strect or part of a street on leased land; "structure" includes a stilt, platform, fence and any other thing

erected on or over land;

"unleased land" means land which is not leased land;

"urban area" means Hong Kong Island. Kowloon and New

Kowloon.

3. (1) For the purpose of the provisions of this Ordinance specified in the first column of the First Schedule the Authority shall, in the areas specified in the second column of that Schedule, be the public officer specified in respect thereof in the third column of that Schedule.

(2) The Governor may by notice in the Gazette amend the First Schedule.

PART II

OCCUPATION OF UNLEASED LAND

4. Unleased land shall not be occupied except under a licence or a deed or memorandum of appropriation.

5. (1) The Authority may, on payment of the appropriate prescribed fee, issue a licence to occupy unleased land.

(2) Subject to subsection (3), a licence shall be valid for the period specified therein and may be renewed for such period as the licensing authority thinks fit.

(3) A licence may be terminated by the licensing authority by giving such notice as may be specified in the licence.

3

6. (1) If unleased land is occupied, otherwise than under a licence or a deed or memorandum of appropriation, the Authority may cause a notice, requiring the occupation of the land to cease before such date as may be specified in the notice, to be posted in one or more places-

(a) on or near the land; or

(b) on any property or structure on the land.

(2) If the occupation of unleased land does not cease as required by notice under subsection (1). any public officer, or other person, acting on the direction of the Authority may, with the assistance of such other public officers or other persons as may be necessary——

(a) remove from the land the persons (if any) thereon; and (b) take possession of any property or structure on the land.

(3) Any property or structure of which possession is taken under subsection (2)(b) shall become the property of the Crown free from the rights of any person and may be demolished or otherwise dealt with as the Authority thinks fic

(4) Any person occupying unleased land, otherwise than under a licence or a deed or memorandum of appropriation, who without reasonable excuse does not cease to occupy the same as required by a notice under subsection (I) shall be guilty of an offence and shall be liable on conviction to a fine of ten thousand dollars and to imprisonment for six months.

(5) The Authority may recover from any person convicted of an offence under subsection (4) any cost incurted in or arising out of the demolition of any property or structure under subsection (3) and the exercise of the powers conferred by this section.

7. (1) No person sbali extract or remove earth, turf or stone from unleased land except under and in accordance with a removal permit issued under this section.

(2) The Authority may issue a removal permit authorizing the extraction and removal of earth, turf or stone from unleased land.

(3) A removal permit shall be valid for the period specified therein, but the Authority may extend the period for which the permit is valid.

(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for six months.

Unlawful

accupation of unleased land.

Prohibition of removal of earth, turf or stone from unleased tand.