4970-1906-Regulations-re-prospecting-and-mining-in-the-New-Territories — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, AUGUST 10, 1906.

EXECUTIVE COUNCIL.

No. 671.

Regulations made by the Governor-in-Council on the 26th day of July, 1906, under Section 5 of the Prospecting and Mining Ordinance, 1906, (Ordinance No. 7 of 1906), with reference to prospecting and mining in the New Territories of Hongkong.

1.—Prospecting Licences.

1. No prospecting for metals or minerals shall be carried on in the New Territories (except by the holder of a Mining Licence or Mining Lease) without a Prospecting Licence from the Governor-in-Council, and no Licensee shall prospect for any metal or mineral other than such as are specified in his Licence.

2. Each Prospecting Licence shall be for the area of one of the Mining Districts as shown on the plan deposited in the Office of the Director of Public Works and bearing the same date as these Rules, and not more than four licences shall be held by the same licensee at the same time.

3. Prospecting Licences shall be in the form prescribed in the First Schedule hereto, or as near thereto as circumstances permit, and shall be subject to the conditions specified in such Schedule.

4. A licence may be cancelled at any time by the Governor in the event of breach

any of the conditions thereof by the Licensee or his employees, or if in the opinion of the Governor the Licensee is not carrying on bonâ fide work under his licence.

II-Mining Licences.

5. No mining shall be carried on in the New Territories (except by the holder of a Mining Lease) without a licence from the Governor-in-Council, and no Licensee shall mine any metal or mineral other than such as are specified in his licence.

6. No single licence shall cover an area of more than five square miles, and not more than four licences shall be held by the same Licensee at the same time.

7. Mining Licences shall be in the form prescribed in the Second Schedule hereto, or as near thereto as circumstances permit, and shall be subject to the conditions specified in such Schedule.

any breach

8. The licence may be cancelled at any time by the Governor in the event of of the conditions thereof by the Licensee or his employees, or if in the opinion of the Governor the Licensee is not carrying on bonâ fide work under his licence.

111-Mining Leases.

9. A Mining Lease in respect of land in the New Territories will be granted only to the holder of a Prospecting Licence or Mining Licence.

10. No single lease shall be for an area or areas greater in the aggregate than one square mile, and not more than four leases shall be held by the same lessee at the same time.

11. Mining Leases may be in the form prescribed in the Third Schedule hereto or in such other form as the Governor may think fit.

12. Every Mining Lease shall reserve a Crown Rent at the rate of $2 for each acre or part of an acre payable in respect of the whole of the leased area, and a Crown Rent at the rate of $50 per acre for so much thereof as may from time to time be occupied by workings or buildings, or used for storage.

13. The Governor-in-Council shall once in each year fix the rate at which royalties are to be paid during the then current year in respect of each species of metal or other mineral for the mining of which Leases have been granted or shall during such year be granted, and every Mining Lease shall provide for the payment of such royalty which shall be at a rate not exceeding 5 per cent. of the estimated market value of the metal or other mineral (in respect of which it is payable) at the Mines when ready for exportation or for smelting or reducing.

IV-Penalty.

14. Any person committing a breach of these Regulations or of any condition in a Prospecting or Mining Licence or of any condition, covenant, proviso or clause in a Mining Lease (provided that such breach does not relate to non-payment of fees, rents or royalties) shall be liable on summary conviction to a penalty not exceeding two hundred dollars or in default to imprisonment with or without hard labour for any period not exceeding six months a conviction under this Regulation shall not in any way prejudice any right or remedy of the Crown or the Governor-in-Council.

COUNCIL CHAMBER,

26th July, 1906.

A. G. M. FLETCHER, Clerk of Councils.