CROWN LAND ORDINANCE

CROWN LAND ORDINANCE

LAWS OF HONG KONG

CROWN LAND ORDINANCE

CHAPTER 28





CHAPTER 28

CROWN LAND ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
PART I

PRELIMINARY
1. Short title ... ... ... ... ..... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Designation of Authorities ... ... ... ... ... ... ... ... ... ... ... 3

PART II

OCCUPATION OF UNLEASED
LAND

4. Occupation of unleased land ... ... ... ... ... ... ... ... ... ... ... 3
5. Issue and validity of licences ... ... ... ... ... ... ... ... ... ...... 3
6. Unlawful occupation of leased land ... ... ... ... ... ... ... ... ... 3
6A. Presumption... ... ... ... ... ... ... ... ... ... ... ... 4
7. Prohibition of removal of earth, turf or stone from unleased land ... ... .. 5

PART III

EXCAVATIONS IN UNLEASED
LAND

8. Control of excavations in unleased land ... ... ... ... ... ... ... ... .. 5
9. Reinstatement of unleased land after excavation ... ... ... ... ... ... ... 5
10. Provision of safety facilities in connexion with excavation ... ... ... ... ... 6

PART IV

SUMMARY REMEDY FOR BREACHES OF CROWN LEASES AND
LICENCES

11. Duty of lessee or licensee to notify Authority of unlawful structure ... ... 6

12. Demolition of unlawful structures ... ... ... ... ... ... ... ... ... ... 7

13. Power of entry and inspection ... ... ... ... ... ... ... ... ... ...

PART V

PRIVATE
STREETS

14. Vesting of private streets in the Crown ... ... ... ... ... ... ... ... ... 9
15. No action to lie in respect of extinguishment of rights in private street ... ... 9

PART VI

GENERAL
15A.Power of approval by Governor in Council in Crown leases ... ... ... ... 9
16. Obstruction ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
16A.False statements ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
16B.Evidence by certificate ... ... ... ... ... ... ... ... ... . ... ... 10
17. Use of force ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
18. No claim to lie against the Government or Authority ... ... ... ... ... ... 10
18A.Delegation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
19. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10






20.Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11

Schedule. Designated Authorities ... ... ... ... ... ... ... ... ... ... ... ... 11





CHAPTER 28

CROWN LAND

To provide for matters relating to Crown land.

[1 October 1972.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Crown Land Ordinance.

2. In this Ordinance, unless the context otherwise requires

'authorized person' means any public officer, or other person, acting on
the direction of the Authority given under section 6(2), (2A) or
(4A) or section 12(2) and any public officer or other person
assisting any such public officer or other person; (Amended, 56 of
1979, s. 2)

'excavation permit means an excavation permit issued under section 8;

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;

,,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 street 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 Schedule the Authority shall, in the areas
specified in the second column of that Schedule, be the person or public
officer specified in respect thereof in the third column of that Schedule.
(Amended, 23 of 1973, s. 36)

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

6. (1) Subject to subsection (2A), 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- (Amended, 56 of 1979, s.
3)

(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 a 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.

(2A) Notwithstanding subsection (1), where

(a)a structure is being erected on or over unleased land,
otherwise than under a licence or a deed or memorandum of
appropriation; or

(b)a structure has been erected on unleased land, otherwise than
under a licence or a deed or memorandum of appropriation,
and the Authority is reasonably satisfied that the structure is
not being habitually and bona fide used,





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, and without giving any notice

(i) remove from the structure any person or property therein;

(ii) demolish the structure; and

(iii) take possession of such property and of any property resulting
from the demolition of the structure. (Added 56 of 1979, s. 3)

(3) Any property or structure of which possession is taken under
subsection (2)(b) or subsection (2A)(iii) 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 fit. (Amended, 56 of 1979, s.
3)

(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 (1) shall be guilty of an offence and shall be
liable on conviction to a fine of 510,000 and to imprisonment for 6
months.

(4A) Any person who

(a)is engaged in any way in the erection of a structure on
unleased land; or

(b)arranges or directs the erection of a structure on unleased land,

being a structure being erected otherwise than under a licence or a deed
or memorandum of appropriation, shall be guilty of an offence and shall
be liable on conviction

(i) where the offender has been engaged in any way in, or has
arranged or directed, the erection of the structure for the
purpose of disposing of the structure for gain for himself or
another, to a fine of $50,000 and to imprisonment for 1 year;
and

(ii) in any other case, to a fine of $10,000 and to imprisonment for 6
months. (Added, 56 of 1979, s. 3. Amended, 46 of 1982,s.2)

(5) The Authority may recover from any person convicted of an
offence under subsection (4) or (4A) any cost incurred in or arising out
of the demolition of any property or structure under subsection (M) or
(3) and the exercise of the powers conferred by this section. (Amended,
56 of 1979, s. 3)

6A. In any proceedings for an offence under paragraph (a) or (b) of
section 6(4A) in respect of any structure, any person who is proved to
have done any act specified in paragraph (a) or (b) of that section shall,
until the contrary is proved, be presumed to have done so for the
purpose of disposing of that structure for gain.

(Added, 46 of 1982, s. 3)





7. (1) No person shall 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 $5,000 and to
imprisonment for 6 months.

PART III

EXCAVATIONS IN UNLEASED LAND

8. (1) Except under and in accordance with a prospecting licence,
mining licence or sand removal permit, a person shall not make or
maintain any excavation in unleased land, except under and in
accordance with an excavation permit issued under this section.

(2) The Authority may issue an excavation permit authorizing the
making of excavations in unleased land.

(3) An excavation 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 $5,000 and to
imprisonment for 6 months.

(5) The Authority may, if any person makes or maintains an
excavation in unleased land, without an excavation permit, carry out
such works as he considers necessary to reinstate and make good the
land on which the excavation is made or maintained and any other land
the reinstatement and making good of which is, in his opinion,
necessary in consequence of the excavation and may recover the cost
of any work carried out by him under this subsection from the person
who made or maintained the excavation.

9. (1) A person who makes an excavation in unleased land under an
excavation permit shall, before the expiry of the permit, reinstate and
make good the land as required by any conditions of the permit.

(2) If any unleased land is not reinstated and made good in
accordance with subsection (1) either

(a) before the expiry of the permit; or

(b) as required by any conditions of the permit,





as the case may be, the Authority may carry out such work as he
considers necessary to reinstate and make good the land, and any other
land the reinstatement and making good of which is, in his opinion,
necessary in consequence of the excavation, notwithstanding that the
works for the carrying out of which the excavation was made have not
been completed.

(3) The Authority may recover from the person to whom the
excavation permit was issued

(a)the, cost of any work carried out by the Authority under
subsection (2); and

(b)the cost of work carried out by the Authority to reinstate and
make good any unleased land if the necessity for such work

(i) arises within 12 months after the completion of work for
the reinstatement and making good of the land under this
section; and

(ii) is attributable to any fault on the part of such person or
his servants or agents.

10. If any condition of an excavation permit requiring the provision
of facilities for the safety or convenience of the public is contravened,
the Authority may provide such facilities and recover the cost thereof
from the person to whom the permit was issued.

PART IV

SUMMARY REMEDY FOR BREACHES OF CROWN
LEASES AND LICENCES
'(Replaced, 56 of 1979, s. 4)

11. (1) If it comes to the knowledge of a lessee or licensee that, in
breach of the Crown lease or licence, a structure

(a)is being erected or placed on the land or on any building on
the land; or

(b)has been erected or placed thereon since 22 October 1965,

otherwise than by him or on his behalf, the lessee or licensee shall
notify the Authority within 48 hours.

(2) Any person who without reasonable excuse contravenes
subsection (1) shall be guilty of an offence and shall be liable on
conviction to a fine of 51,000.

(3) In proceedings for an offence under subsection (2), the lessee
or licensee shall be presumed to have known that the structure was
being or had been erected or placed on the land, unless he proves that
he did not know, and could not reasonably have known, of the same.





12. (1) If-

(a)a structure is being or has been erected or placed on leased
land, or on land occupied under a licence, or on any building
on such land, in breach of a Crown lease or licence; or

(b)a structure on leased land or land occupied under a licence,
being a structure which by virtue of a covenant, condition or
stipulation in a Crown lease or licence can be used only for
agricultural purposes

(i) is being used for any other purpose in breach of that
covenant, condition or stipulation; and

(ii) the use for that other purpose is not authorized by any
permission granted, or does not appear in any survey or
record made, by the Authority before the date* on which the
Crown Land (Amendment) Ordinance 1979 came into
operation,

the Authority may, by notice in writing served on the lessee or licensee,
require him

(i) in a case to which paragraph (a) applies, to demolish the
structure;

(ii) in a case to which paragraph (b) applies, to discontinue such
use and, if the Authority thinks it appropriate, to restore the
structure so that it may be used for agricultural purposes,

before such date as may be specified in the notice. (Replaced, 56 of
1979,s.5)

(2) If a lessee or licensee does not comply with a notice served on
him 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, enter on the land
and

(a)in a case to which subsection (1)(a) applies, demolish the
structure;

(b)in a case to which subsection (1)(b) applies, demolish the
structure or, if the Authority thinks fit, carry out such works
as may be necessary to restore the structure so that it may be
used for agricultural purposes. (Amended, 56 of 1979,s.5)

(3) A lessee or licensee (for the purpose of complying xtith a notice
under subsection (1)) and (for the purpose of subsection (2)) any
authorized person may

(a)remove from the structure any person or property therein; and

(b)take possession of such property and of any property
resulting from the demolition of the structure.





(4) Any property of which possession is taken under subsection
(3)(b) by an authorized person shall become the property of the Crown
free from the rights of any person and, subject to subsection (5), may be
dealt with as the Authority thinks fit.

(5)The Governor may order that-

(a)the whole or a part of any property which has become the
property of the Crown under subsection (4); or

(b)the whole or a part of the value of any such property,

shall be delivered or paid to any person who appears to him to have a
moral claim thereto.

(6) The Authority may recover from the lessee or licensee any cost
incurred in or arising out of the demolition of a structure under
subsection (2) and of the exercise of the powers conferred by
subsection (3).

(7)A notice under subsection (1) may be served by-

(a)delivering it to the lessee or licensee;

(b)posting it to him by registered post addressed to his last place
of business or residence known to the Authority; or

(c)posting the notice in or on the land or structure to which the
notice relates.

(8) The powers conferred by this section are in addition to and not
in derogation from the powers conferred on the Crown by the Crown
Rights (Re-entry and Vesting Remedies) Ordinance. (Added, 56 of 1979, s.
5)

13. For the purpose of------

(a)ascertaining whether there has been a breach of a Crown lease
or licence for the purposes of section 12(1); or

(b)carrying out any work or interviewing any person prior to the
clearance of any land or the demolition of any structure on
leased land or land occupied under a licence in accordance
with the powers conferred by this Ordinance,

any public officer authorized in writing by the Authority may, on
production of his authority, enter and inspect the land and any
structure thereon at any reasonable time and may also carry out

(i) any interview or investigation;

(ii) any screening, or affixing of numbers on structures. for the
purpose of establishing eligibility of persons for public
housing; and

(iii) any computation of compensation and allowances for any
industrial, commercial or agricultural undertaking.

(Replaced, 56 of 1979, s. 6)





PART V

PRIVATE STREETS

14. (1) If a Crown lease, or an agreement for surrender relating to
leased land, contains a provision that the lessee shall, when required,
hand back any private street to the Crown free of cost, the Authority
may, by notice in the Gazette declare the private street, or such part
thereof as may be specified in the notice, to be a public street.

(2) The Authority shall, within 7 days after the publication of a
notice under subsection (1), register a copy thereof in the Land Office
together with a plan showing the land declared by such notice to be a
public street.

(3) Upon the registration under subsection (2) in the Land Office of
a copy of a notice published under subsection (1)

(a)all rights and obligations of the lessee in, upon or over the
private street, or the part of the private street specified in the
notice, shall be extinguished; and

(b)the private street, or such part of the private street, shall vest
in the Crown free from the rights of any person in the same
manner and to the same effect as if it had been surrendered to
the Crown.

15. No action shall be brought or continued, and no compensation
shall be payable, in respect of the extinguishment under section 14(3) of
the rights of any person in, upon or over the private street or such part
of the private street.

PART VI

GENERAL

15A. Where any Crown lease contains a condition to the effect that
any matter or thing may not be done without the approval or consent of
the Governor in Council, the condition shall be deemed to include a
provision that the power of the Governor in Council to grant approval or
give consent may be exercised by the Governor.

(Added, 72 of 1973, s. 2)

16. Any person who obstructs an authorized person exercising any
power, performing any duty, or carrying out any function, under this
Ordinance shall be guilty of an offence and shall be liable on conviction
to a fine of $5,000 and to imprisonment for 6 months.

16A. Any person who makes a statement

(a)in reply to any question put to him under or for the purposes of
this Ordinance; or





(b)in any document required by, under or for the purposes of this
Ordinance,

which he knows to be false or misleading in a material particular shall be
guilty of an offence and shall be liable on conviction to a fine of $2,000
and to imprisonment for 6 months.

(Added, 56 of 1979, s. 7)

16B In any proceedings for an offence under this Ordinance, a
certificate having attached thereto a map relating to any land in respect
of which the offence is alleged to have been committed and purporting
to be signed by an Estate Surveyor and certifying that

(a) the land as shown on the map is unleased land, and

(b) (i) no licence, deed or memorandum of appropriation has been
granted authorizing erection of a structure on the land; or

(ii) no removal permit has been granted authorizing the
extraction and removal of earth, turf or stone from the land; or

(iii) no excavation licence has been granted authorizing the
making or maintaining of any excavation in the land,

shall be admitted in evidence on its production without further proof
and

(A)until the contrary is proved it shall be presumed that the
certificate was signed by an Estate Surveyor; and

(B)the certificate and the map attached thereto shall be prima facie
evidence of the facts contained therein.

(Added, 46 of 1982, s. 4)

17. An authorized person may use such force as may be necessary
for the exercise of any power. the performance of any duty. or the
carrying out of any function, under this Ordinance.

18. (1) Neither the Government nor the Authority shall be liable for
any loss or damage suffered by any person in consequence of anything
done under section 6. 8 or 12 by the Authority.

(2) In this section. 'Authority' includes any authorized person.

18A. An Authority under this Ordinance may delegate any of its
powers and functions to any public officer or class of public officer.

(A (Added 23 of'] 9 73, s.
36 1

19. The Governor in Council may make regulations for all or any of
the following purposes

(a)prescribing anything which is to be or may be prescribed
under this Ordinance;

(b)providing for applications for licences or copies of licences;





(c)fixing fees for the issue of copies of licences;

(d)empowering any public officer to determine whether land
occupied or to be occupied under a licence is being or will be
occupied for non-profit making, charitable or welfare purposes;

(e)generally, for the better carrying out of this Ordinance.

20. Nothing in this Ordinance shall affect the rights or powers of
the Crown or any public officer under any other law.

SCHEDULE Is. 3.1

DESIGNATED
AUTHORITIES

In this Schedule, railway and means 'and the fence or. other boundary
marks indicating !be limits of for the kowloon G-

'Housing Authority estate- means land vested in the Housing Authority
which the Housing Authority has control and management.

Section Area Authority


5(1) Urban area. Director of except for railway land /air
and Housing Authority estates.
General Manager of the Kowloon Canton
Railway, in the case of railway land.
New Territories, except Director of Lands. except for railway land
New Kowloon. or Housing Authority estates.

General Manager of the Kowloon Canton
Railway, in the case fo failway land

6(1) Urban area. Director of Lands, the Urban Council or the
6(2) Housing Authority.
6(2A)
6(3) New Territories, exceptDirector of Lands or the Housing Authority.

6(4A) and New Kowloon.
6(5)

7(2) Urban area. Director of Lands.
7(3)
8(2) New Territories, except
8(3) New Kowloon. case of streets maintained by the
8(5) Development Department
9(2)
9(3) and Director of Lands in the case of unleased
10 land and streets, other than streets main-
tained by the Engineering Development
Department
11(1)Urban area. The Director of Housing.
New Territories, except Director of Lands or the Director of
New Kowloon. Housing.
12(1)Urban area. Director of Lands or the Director of
12(2)Housing.
12(4)
12(6)New Territories, except Director of Lands or the Director of
12(7) and New Kowloon. Housing.
13
14(1) and Urban area and New Director of Lands.

14(2) Territories.

(Amended, 23 of 1973, s. 36; L.N 94174; L.N. 113174; L.N. 269176; 56 of
1979, s. 8; L.N. 347181; L.N. 370181 and L.N. 76182)
Originally 54 of 1972. 23 of 1973. 72 of 1973. L.N. 94/74. L.N. 113/74. L.N. 269/76. 56 of 1979. L.N. 347/81. L.N. 370/81. L.N. 76/82. 46 of 1982. L.N. 186/72. Short title. Interpretation. Designation of Authorities. Schedule. Occupation of unleased land. Issue and validity of licences. Unlawful occupation of unleased land. Presumption. Prohibition of removal of earth, turf or stone from unleased land. Control of excavations in unleased land. Reinstatement of unleased land after excavation. Provision of safety facilities in connexion with excavation. Duty of lessee or licensee to notify Authority of unlawful structure. Demolition of unlawful structures. (56 of 1979.) [*20.7.79.] (Cap. 126.) Power of entry and inspection. Vesting of private streets in the Crown. No action to lie in respect of extinguishment or rights in private street. Power of approval by Governor in Council in Crown leases. Obstruction. False statements. Evidence by certificate. Use of force. No claim to lie against the Government or Authority. Delegation. Regulations. Saving.

Originally 54 of 1972. 23 of 1973. 72 of 1973. L.N. 94/74. L.N. 113/74. L.N. 269/76. 56 of 1979. L.N. 347/81. L.N. 370/81. L.N. 76/82. 46 of 1982. L.N. 186/72. Short title. Interpretation. Designation of Authorities. Schedule. Occupation of unleased land. Issue and validity of licences. Unlawful occupation of unleased land. Presumption. Prohibition of removal of earth, turf or stone from unleased land. Control of excavations in unleased land. Reinstatement of unleased land after excavation. Provision of safety facilities in connexion with excavation. Duty of lessee or licensee to notify Authority of unlawful structure. Demolition of unlawful structures. (56 of 1979.) [*20.7.79.] (Cap. 126.) Power of entry and inspection. Vesting of private streets in the Crown. No action to lie in respect of extinguishment or rights in private street. Power of approval by Governor in Council in Crown leases. Obstruction. False statements. Evidence by certificate. Use of force. No claim to lie against the Government or Authority. Delegation. Regulations. Saving.

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