Sessional_Paper_1938 — Page 312

302

Section 4.

The term of 75 years be altered to 21 years, which is sufficient security for instal-

lation of necessary modern plant under local conditions.

Note. The section provides for a longer term if necessary and the suggested

regulations for renewal of lease.

Section 5.

Amend by deleting sub-sections (i) and (ii) and substituting the following :

It shall be lawful for the Governor in Council to make regulations for the purposes of this Ordinance. Such regulations may provide for:

(i) the fixing of premia, rents, fees and royalties.

(ii) prescribing procedure to be followed.

(iii) the regulation of mining operations and the adoption in or about mines of any precautions necessary or desirable for the prevention of accidents and protection of human life and property.

(iv) the furnishing by owners or managers of mines of statistical returns and

the keeping and production by them of books and plans.

(v) prescribing the fine with which the contravention of any regulation shak be punishable, but so that such fine shall not exceed one thousand dollars.

(vi) any

other matters, whether similar or not to those above mentioned, as to which regulations may be necessary or desirable for the purposes of this Ordinance.

17. SUGGESTED MINING REGULATIONS AND CONTROL.

As already stated in this report, mining regulations are essential for the proper control of mining operations, safety of persons and property and procedure generally. The old regulations were somewhat lacking in this respect and the form of lease and licences were unduly complicated for local conditions. The suggested new regulations contained in Appendix I to this report have been drafted, subject to revision by the Crown Solicitor, in as simple a form as possible compatible with requirements and with a view to easy control. With such regulations in force and the aid of a mines. overseer, there is no reason why mining operations should not be controlled in a satisfactory manner by officers at present in the Hong Kong Government Service.

18. The mines should be under the general control of the district officers and records etc., should be kept in the local land offices. If the district officer requires advice regarding safety measures, an engineer of the Public Works Department should be available for the purpose. If such engineer's recommendations are disputed by the miners, which is unlikely under present conditions, the decision of the Director of Public Works should be final. Later on, if deep level mining on a large scale eventuates, it may be necessary to appoint an Inspector of Mines.

Machinery, particularly boilers, should be inspected once a year and the most suitable person for this purpose would appear to be the Government Marine Surveyor.

Provision should also be made for the collection of royalty, which should be paid into the land offices of the district where it should be recorded on a separate sheet in the relative mining lease file in that office and the amount then forwarded to the Treasury.

All these suggestions have been provided for in the suggested mining regulations in Appendix I, which, in their general terms, give very wide powers to Government without specifying any particular Government officer beyond the Governor and the Land Officer.