CO129-350 - Public Offices - 1908 — Page 361

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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objection exists, and that a prospecting permit has been taken out previously, the General Bureau may request the Board, in accordance with the Regulations, to sanction the issue of a mining permit to the applicant,

Section 39. Upon issue of permit work may start.

When a mining permit has been issued for a mining property in conformity with these Regulations, the mining party may begin work at once on the mine covered by his permit.

Section 40. Respecting the driving of adits and shafts.

Whenever any shafts, adits, or tunnels for purposes of pumping, ventilation, or the transport of materials extend beyond the limits for which a permit is held into land for which no permit has been issued, and which is necessary for carrying out the operations contemplated by this clause, then, as provided by the Regulation for applying for permits, a further permit must be taken out for such land required.

If works of this nature cncroach upon the mining area held by another party, the applicant must first come to an arrangement with the other owner, and he must agree upon the division of any mineral products that may be secured as the result of such works. If an agreement has not been come to with the owner of the adjoining mining rights, then, failing authority granted by the General Bureau in accordance with official procedure, work may not be commenced independently.

Whenever in the course of such operations (b) and (c) class products are met with, the mining party must report the discovery to the Deputy in charge of the mine and follow the procedure laid down in Supplementary Regulation 40.

Section 41. Penalty for obtaining permits under false pretences.

Any person apply fraudulently for a permit will, on discovery, have such permit withdrawn and destroyed, and will be severely punished,

Section 42. Annual rental of mines: Scale of.

Mine lands for which application has been granted shall pay annual rent in accordance with the appended scale.

(a.) Mines containing (6) class products shall pay an annual rental per mine of 1:50 tuels = 1 mace per mou.

(b) Mines containing (c) class products, other than gold, platinum, silver, or precious stones, shall pay an annual rental per mine on such other products of 3 taels 2 mace per mou.

(e.) Mines containing gold, platinum, silver, and precious stones shall pay an annual rental per mine of 450 taels 3 mace per mou.

(d) Mineral products coming under the heading (b) above are required to pay annually 3 taels rental, but if in such mines gold, platinum, or silver is concurrently found, then in proportion to the quantity of each produced rent in accordance with (c) of the scale shall be paid, viz., 4.50 taels per mine 3 mace per mou. (e.) The above annual rentals are in addition to the land tax.

Section 43. Periods for payment of rent.

These annual rentals must be paid twice a-year in advance. Any shortage, no matter how small, if allowed to become six months overdue will result in cancellation of the permit and closing of the mine, and in the case of Government land it will be resumed.

Section 44. Rent of lands during prospecting and conditions as to waiving of rent. When permission has been granted to prospect mining lands, if such lands are private property, the mining party must make arrangements with the land-owner and report such arrangement to the authorities for record. If the land is Government property a prospecting rental of 2 taels per mining area per annum, and in the case of a six months' extension half that sum, inust be paid in each case in advance to the General Bureau or the official deputed to control the mine. For land required merely

for purposes of driving galleries for drainage, or ventilation, or transport, the annual rental will be waived.

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PART X.-Tuxes on Mines.

Section 45. Scale of pit-mouth taxes on mineral products.

In addition to the annual rental on mines, a pit-mouth tax on the gross output will also be levied in accordance with the following scale :--

1. All varieties of coal, bituminous or anthracite, 1 mace per ton.

2. Iron ore, 1 mace per ton.

3. Gold, platinum, or silver, when produced in mine confined to such products, 10 per cent. ad valorem,

4. Gold, platinum, or silver, produced concurrently in other mines of which the proportion is undetermined and of which the exact quantities must be ascertained at the time, 5 per cent, ad valorem.

5. Quicksilver, tin, and copper, 3 per cent, ad valorem.

6. All jades and precious stones, 10 per cent. ad valorem,

7. Other products under section 11 (b), 1 per cent. ad valorem. products, 3 per cent, ad valorem,

Section 46. Pit-mouth taxes, when payable.

Other class (c)

Pit-mouth taxes on mining products are payable for the month immediately preceding by the 15th of the following month. Taxes and rents are payable to the Deputy stationed at the mine and by him forwarded to the General Bureau.

Section 47. Penalty for arrears.

If payment in full of the month's tax due on the 15th of every month is not made and remains in arrear for three months, the permit will be cancelled and the mine closed, and in the case of Government land such land will be resumed.

Section 48. Export duties on mineral products, and import duties on machinery and

supplies.

All mineral products exported abroad, no matter whether the raw product, ore separated from its base, or the finished product of the smelting furnace, shall pay duty according to the Customs Tariff,

All machinery and supplies imported for the use of a mine will likewise pay import duty according to Tariff.

PART XL-Jurisdiction over Persons engaged in Mining Enterprises. Section 49. Conditions for commencement and cessation of work.

Subjects of countries having Treaty relations with China who wish to enter into partnerships with Chinese, and to become owners of mining rights, shall ipso facto be considered to have consented to obey Chinese law and submit to the jurisdiction of Chinese officials. They shall in like manner be considered to have consented to observe the provisions of these Regulations and of any future supplementary Mining Regula- tions or other laws relating thereto, such as Company laws. If they carefully observe this stipulation they will be permitted to begin all necessary operations.

Should a temporary cessation of work be unavoidable, even if it should be due to delay in starting work or to scarcity of labour, and such cessation last for more than a year, during which time nothing shall have been taken out of the mine, such mining party shall be considered to have permanently ceased work on the mine, and it shall be in the power of the Deputy in charge of the mine to permit another party applying under these Regulations to succeed to the rights. In the matter of constructing drainage or ventilating shafts and in actual mining each party shall exercise his own discretion. But if owing to faulty work the public safety is threatened, such mining party shall be responsible for taking due precautionary measures. Or if on account of any other action the property and interests of third parties suffer injury, such mining party will be called upon to make good any loss, and the local authority or Principal Burean of Mines may, if circumstances require it, order such mining party to suspend work pending the introduction of satisfactory measures. Work must cease directly orders have been given by the General Bureau, and there must be no excuse for delay or deliberate disobedience. All losses due to suspension of work shall be borne by the

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