ANTIQUITIES AND MONUMENTS ORDINANCE

ANTIQUITIES AND MONUMENTS ORDINANCE

LAWS OF HONG KONG

ANTIQUITIES AND MONUMENTS ORDINANCE

CHAPTER 53





CHAPTER 53

ANTIQUITIES AND MONUMENTS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
PRELIMINARY

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ...
... 2

MONUMENTS

2A. Declaration of proposed monuments etc. and plans thereof ... ... ... ... ... 3
2B. Duration of declaration of proposed monument ... ... ... ... ... ... ... 4
2C. Objection to declaration of proposed monument within private land ... ... ... 4
3. Declaration of monuments and plans thereof ... ... ... .. ... ... ... ... 5
4. Objection to declaration of monument within private land ... ... ... ... ... 6
5. Control of monuments generally ... ... ... ... ... ... ... ... ... ... 6
6. Acts prohibited in relation to certain monuments except under permit ... ... 7
7. Grant of sums for preservation, etc., of monuments ... ... ... 1 . ... ... 7
8. Compensation ... ... ... ... ... ... ... ... ... 1 ... ... ... ... 8
9. Assessment of compensation by District Court ... ... ... ... ... ... ... 8

RELICS

10.........................Certain relics to be property of Government ... ... ... ... ... ... ... 8

DISCOVERY AND EXCAVATION OF
ANTIQUITIES

11................Discovery of antiquities .... ... ... ... ... ... ... ... ... ... ... 8

12...........................No excavation, etc., of antiquities, without licence ... ... ... ... ... ... 9

13............Grant of licences ............... ... ... ... ... ... ... ... ... ... ... 9
14............Rights of licensee ............ ... ... ... ... ... ... ... ... ... ... 10
15............Cancellation of licence ......... ... ... ... ... ... ... ... ... ... ... ...
10

16....................Appeal against refusal of licence ... ... ... ... ... ... ... ... ... 10

ANTIQUITIES ADVISORY
BOARD

17................................Establishment and meetings of Antiquities Advisory Board ... ... ... ... 11
is................................Board may advise Authority ... ... ... ... ...

MISCELLANEOUS

19.......Offences ............................. ... . ... ... ... ... ... ... 11
20.......Evidence ............................. ... ... ... ... ... ... ... ... 12
20A......Service by post ...................... . ... ... ... ...
12

21....................................Payments to be made from funds provided by the Legislative Council ... ... 12

22. Regulations........................... ... ... ... ... ... ... ... ... ... 12





CHAPTER 53

ANTIQUITIES AND MONUMENTS

To provide for the preservation of objects of historical, archaeological
and palaeontological interest and for matters ancillary thereto or
connected therewith.

[1 January 1976.]

PRELIMINARY

1. This Ordinance may be cited as the Antiquities and Monuments
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

,,antiquity' means-

(a) a relic; and

(b)a place, building, site or structure erected, formed or built by
human agency before the year 1800 and the ruins or remains of
any such place, building, site or structure, whether or not the
same has been modified, added to or restored after the year
1799;

Pi

'Authority' means the Secretary for Municipal Services; (Replaced, 38
of 1982, s. 2. Amended, L.N. 67185)

'Board' means the Antiquities Advisory Board established by section
17;

'Crown land' means land other than private land;

'designated person' means(a) the officer in charge of a police station;
(b) a police officer of or above the rank of inspector; and (c) any
person specified by the Authority by notice in the Gazette;

'discovery' means the finding in Hong Kong-
(a) in, on or under land or sea;
(b) in or on anything growing on land; or
(c) attached to or within the fabric or foundations of a
structure in, on or under land or sea,
of an antiquity or supposed antiquity the presence of which was
previously unknown to the owner of such land or structure;

'Land Office' means the Land Office established under the Land
Registration Ordinance and any District Land Office established
under the New Territories Ordinance;





'licence' means a licence granted under section 13;

'metal detector' means any device designed or adapted for detecting or
locating any metal or mineral in the ground; (Added, 38 of
1982,s.2)

'monument' means a place, building, site or structure which is declared
to be a monument, historical building or archaeological or
palaeontological site or structure under section 3; (Replaced, 38 of
1982, s. 2)

'movable object means an object which does not form part of land;

,,owner', in relation to land, means a person entitled to possession of
the land under a Crown lease or agreement for lease, or other form
of valid title from the Crown;

'permit' means a permit granted under section 6;

'private land' means

(a)land held under lease, agreement for lease, tenancy agreement,
licence, permit, deed or memorandum of appropriation, or other
valid title from the Crown; and

(b) land occupied by Her Majesty's forces, or for other purposes of
the Crown in right of Her Majesty's Government in the United
Kingdom, under lease, licence, permit, deed or memorandum of
appropriation, requisition or other permanent or temporary
title;

'proposed monument means a place, building, site or structure which is
declared to be a proposed monument, proposed historical building,
or proposed archaeological or palaeontological site or structure
under section 2A; (Added, 38 of 1982,s.2)

'relic' means

(a)a movable object made, shaped, painted, carved, inscribed or
otherwise created, manufactured, produced or modified by
human agency before the year 1800, whether or not it has been
modified, added to or restored after the year 1799;and

(b) fossil remains or impressions;

'supposed antiquity' means an object or site which may reasonably be
supposed to be or to contain an antiquity.

MONUMENTS

2A. (1) For the purpose of considering whether or not any place,
building, site or structure should be declared to be a monument the
Authority may, after consultation with the Board, by notice in the
Gazette declare it to be a proposed monument, proposed historical
building, or proposed archaeological or palaeontological site or
structure.





(2) A declaration under subsection (1) may include as part of a
proposed monument any land adjoining the place, building, site or
structure required for fencing, covering or protecting the proposed
monument or for providing or facilitating access thereto.

(3) A notice under subsection (1) shall include a reference to the
appropriate plan deposited under subsection (4).

(4) The Authority shall, upon publication of a declaration under
subsection (1)

(a)sign and deposit in the appropriate Land Office a plan clearly
showing the situation of the proposed monument; and

(b)if the declaration relates to a proposed monument within
private land

(i) register the declaration in the Land Office;

(ii) serve on the owner and any lawful occupier of the
private land a copy of the notice of declaration, together with
a copy of the plan; and

(iii) fix to the private land a copy of the notice of declaration
and a copy of the plan.

(5) The Authority shall-

(a)keep available at his office, for public inspection at all
reasonable times, a copy of every plan deposited under
subsection (4); and

(b)at the request of the owner or a lawful occupier of a proposed
monument which is shown on a plan so deposited, deliver a
copy of the plan free of charge to the owner or occupier.

(Added, 38 of 1982, s. 3)

2B. (1) Subject to subsection (2), a declaration made under section
2A shall have effect for a period of 12 months from the making of it
unless earlier withdrawn by the Authority.

(2) Except in the case of a declaration relating to a proposed
monument within private land, the Authority may from time to time, after
consultation with the Board and with the approval of the Governor,
extend the period referred to in subsection (1) by 12 months:

Provided that no single extension shall exceed 12 months.

(Added, 38 of 1982, s. 3)

2C. (1) The owner or any lawful occupier of private land within
which a proposed monument has been declared may at any time apply
to the Authority for withdrawal of the declaration.

(2) Within one month of receipt of the application the Authority
shall





(a) withdraw the declaration; or

(b) refuse the application,

and shall forthwith notify the owner or occupier of his decision.

(3) Within one month of being notified of the Authority's decision
the owner or occupier may by petition to the Governor object to the
declaration.

(4) The Governor, upon considering an objection made under
subsection (3), may direct that

(a) the declaration be withdrawn; or

(b) the objection be referred to the Governor in Council.

(5) The Governor in Council, upon considering an objection
referred to him under subsection (4), may direct that

(a) the declaration shall stand;

(b)the declaration shall stand, subject to such variations or
conditions as he thinks fit; or

(c) the declaration be withdrawn.

(6) A direction of the Governor under subsection (4) or of the
Governor in Council under subsection (5) shall be final.

(Added, 38 of 1982, s. 3)

3. (1) Subject to section 4, the Authority may, after consultation
with the Board and with the approval of the Governor, by notice in the
Gazette, declare any place, building, site or structure, which the
Authority considers to be of public interest by reason of its historical,
archaeological or palaeontological significance, to be a monument,
historical building or archaeological or palaeontological site or structure.
(Amended, 38 of 1982, s. 4)

(2) A declaration under subsection (1) may include as part of a
monument any land adjoining the place, building, site or structure
required for fencing, covering or protecting the monument or for
providing or facilitating access thereto.

(3) A notice under subsection (1) shall include a reference to the
appropriate plan deposited under subsection (4).

(4) The Authority shall, before publication of a declaration under
subsection (1)

(a)sign and deposit in the appropriate Land Office a plan clearly
showing the situation of the place, building, site or structure
intended by the Authority to be declared to be a monument;
and (Amended, 38 of 1982, s. 4)

(b)if the declaration relates to a monument within private land,
register the declaration in the Land Office.

(5) The Authority shall-

(a)keep available at his office, for public inspection at all
reasonable times, a copy of every plan deposited under
subsection (4); and





(b)at the request of the owner or a lawful occupier of a
monument which is shown on a plan so deposited, deliver a
copy of the plan free of charge to the owner or occupier.

4. (1) If a place, building, site or structure intended by the
Authority to be declared a monument is within private land, then,
prior to the making of the declaration, the provisions of this section
shall have effect.

(2) The Authority shall serve on the owner and any lawful
occupier of the private land a notice in writing of his intention to
declare a monument therein, together with a plan clearly showing
the situation of the intended monument.

(2A) The Authority shall fix to the private land a copy of
the notice and plan served under subsection (2). (Added, 38 of
1982,s.5)

(3) Within 1 month, or such longer period as may be allowed
by the Governor in any particular case, after the service of a notice
under subsection (2), the owner or a lawful occupier may object by
petition to the Governor to the intended declaration.

(4) The Governor, upon considering an objection made under
subsection (3), may direct that-

(a) the intended declaration shall not be made; or

(b) the objection be referred to the Governor in Council.

(5) The Governor in Council, upon considering an objection
referred to him under subsection (4), may direct that-

(a)the intended declaration be made by the Authority in
accordance with section 3;

(b)the intended declaration be so made, subject to such
variations or conditions as he thinks fit; or

(c) the intended declaration shall not be made.

(6) A direction of the Governor under subsection (4)(a) or
of the Governor in Council under subsection (5) shall be final.
(Amended, 38 of 1982, s. 5)

5. (1) Subject to this section, the Authority, and any desig-
nated person authorized by him in writing, may, for the purposes of
this Ordinance, at all reasonable times-

(a) enter and inspect any proposed monument or monument;

(b) with the prior approval of the Governor-
(i) fence, repair, maintain, preserve or restore any
proposed monument or monument;
(ii) excavate or search for relics in any proposed
monument or monument and remove any relics hitherto
undiscovered.(Amended, 38 of 1982, s. 6)





(2) Neither the Authority nor a designated person authorized
by him may enter any residential premises, in the exercise of the
powers conferred by subsection (1), unless-

(a)he first obtains the consent in writing of the lawful occupier
of such premises; or
(b)he has given to the lawful occupier thereof not less than 48
hour's notice in writing of his intention to enter.

(3) Nothing in this section shall authorize-

(a)the exclusion from any part of a proposed monument or
monument of-
(i) the owner or lawful occupier of the proposed monu-
ment or monument;
(ii) a person beneficially interested in the proposed
monument or monument; or
(iii) a person authorized by such owner, occupier or
person beneficially interested in the proposed monument
or monument; or

(b)the excavation of a proposed monument or monument or
the search for relies in residential premises, without the
consent of the owner and the lawful occupier of the
residential premises. (Amended, 38 of 1982, s. 6)

6. (1) Subject to subsection (4), no person shall-

(a)excavate, carry on building or other works, plant or fell
trees or deposit earth or refuse on or in a proposed
monument or monument; or
(b)demolish, remove, obstruct, deface or interfere with a
proposed monument or monument,

except in accordance with a permit granted by the Authority.
(Amended, 38 of 1982, s. 7)

(2) A person aggrieved by the refusal of the Authority to grant
him a permit may, within 14 days after the date of such refusal,
appeal by way of petition to the Governor who may confirm, vary or
reverse the refusal.

(3) The decision of the Governor on the appeal shall be final.

(4) The Authority may, after consultation with the Board and
with the approval of the Governor, by notice in the Gazette, declare
any proposed monument or monument to be exempt from this
section. (Amended, 38 of 1982, s. 7)

7. The Authority may, with the prior approval of the
Governor, grant to a person who proposes to carry out work
for the maintenance, preservation or restoration of a monument
such sum as the Authority thinks fit for the purpose of assisting the
person to carry out the work.





8. (1) Subject to this section, the Authority may, with the prior
approval of the Governor, pay to the owner or lawful occupier of a
proposed monument or monument compensation in respect of financial
loss suffered or likely to be suffered by him by reason of

(a)the exercise by the Authority, or by a designated person
authorized by him, of the powers specified in section 5(1); or

(b)a refusal to grant a permit or any conditions imposed in a
permit.

(2) The compensation shall be such amount as may be-

(a)agreed between the Authority and the owner or lawful
occupier of the proposed monument or monument; or

(b) assessed by the District Court under section 9.

(3) No compensation shall be awarded under this section in respect
of financial loss which has been or may be suffered in connexion with a
contract made or anything done by the owner or lawful occupier of the
proposed monument or monument after the service of a notice under
section 2A(4) or section 4(2).

(Amended, 38 of 1982, s. 8)

9. (1) In default of agreement under section 8(2)(a), the owner or
lawful occupier may apply to the District Court to assess the amount of
compensation payable under section 8.

(2) The District Court may, on such application, award to the
applicant such compensation as it thinks reasonable in the
circumstances.

RELICS

10. (1) Subject to this Ordinance, the ownership of every relic
discovered in Hong Kong after the commencement of this Ordinance
shall vest in the Government from the moment of discovery.

(2) The Authority may, or behalf of the Government, disclaim the
ownership of a relic so discovered, and upon such disclaimer

(a)the ownership of the Government in the relic shall be
extinguished; and

(b)the ownership of the relic shall vest in the person, who, but
for the enactment of this Ordinance, would otherwise have
been the owner thereof.

DISCOVERY AND EXCAVATION OF ANTIQUITIES

11. (1) Any person who discovers, or knows of the discovery of an
antiquity or supposed antiquity shall forthwith report the discovery to
the Authority or to a designated person.





(2) A person who makes a report under subsection (1), shall, if so
requested by the Authority or a designated person, identify to the
Authority or to the designated person the antiquity or supposed
antiquity in respect of which the report was made.

(3) A person who discovers an antiquity or supposed antiquity
shall take all reasonable measures to protect it.

(4) The Authority may, with the prior approval of the Governor,
award to a person who makes a report under subsection (1) such sum
by way of reward as the Authority thinks fit.

(5) A designated person to whom a report is made under this
section shall forthwith inform the Authority in writing of the report.

(6) Subject to subsection (7), the Authority, and any designated
person authorized by him in writing, may enter upon and inspect the site
of the discovery of an antiquity or supposed antiquity.

(7) Neither the Authority nor a designated person authorized by
him may enter any residential premises, in the exercise of the powers
conferred by subsection (6), unless

(a)he first obtains the consent in writing of the lawful occupier of
such premises; or

(b)he has given to the lawful occupier thereof not less than 48
hours' notice in writing of his intention to enter.

12. No person, other than the Authority and a designated person
authorized by him, shall

(a)excavate or search for antiquities except in accordance with a
licence granted to him;

(aa) use a metal detector at any proposed monument or monument
except in accordance with a licence granted to him to excavate
and search for antiquities; (Added, 38 of 1982,s.9)

(b)remove any relic hitherto undiscovered from a proposed
monument or monument, or collect or remove any object
which he supposes to be a relic from the site of its discovery,
otherwise than for the purposes of protecting the same or in
accordance with a licence granted to him. (Amended, 38 of
1982, s. 9)

13. (1) Subject to this Ordinance, the Authority may grant to any
person a licence to excavate and search for antiquities.

(2) A licence may not be granted to a person unless the Authority
is satisfied that he

(a)has had sufficient scientific training or experience to enable
him to carry out the excavation and search satisfactorily;

(b)has at his disposal sufficient staff and financial or other
resources to enable him to carry out the excavation and search
satisfactorily; and





(c)is able to conduct, or arrange for, a proper scientific study
of any antiquities discovered as a result of the excavation
and search. (Amended, 38 of 1982, s. 10)

(3) Subject to subsection (2), a licence may be granted or
renewed for a period not exceeding 12 months.

(4) A licence shall be in the prescribed form and shall specify
the area of land in respect of which it is granted.

(5) A licence shall not be transferable.

(6) The Authority may include such conditions in a licence as
he considers appropriate, and in particular but without prejudice to
the generally hereof, may include conditions as to the conduct of any
excavation and search, the reporting, mapping and documenting
thereof, the use of a metal detector, the preservation of materials
discovered, their removal, examination and return, and the making
and delivery of casts, rubbings, squeezes and other reproductions.
(Amended, 38 of 1982, s. 10)

14. (1) The holder of a licence may, subject to the conditions
thereof, enter upon and excavate and search for antiquities, in, on or
under-

(a)any Crown land within the area specified in the licence;
and

(b)subject to subsection (2), any private land within the area
specified in the licence.

(2) The holder of a licence shall not be entitled to enter upon,
or excavate or search for antiquities in, on or under private land
unless he first obtains the consent in writing of the owner and any
lawful occupier of the land.

15. (1) Subject to subsection (2), the Authority may cancel
any licence.

(2) A licence shall not be cancelled unless the holder of the
licence has been given reasonable opportunity to make representa-
tions to the Authority as to why his licence should not be cancelled.

(3) As soon as possible after the cancellation of a licence, the
Authority shall, by notice in writing, served either personally or by
registered post, inform the person whose licence has been cancelled
of the cancellation and of the reasons therefor.

(4) Failure to comply with subsection (3) shall not invalidate
the cancellation of a licence.

16. (1) A person aggrieved by the refusal of the Authority to
grant him a licence, or to renew his licence, or by the cancellation of
his licence, may within 14 days after the date of such refusal or
cancellation appeal by way of petition to the Governor who may
confirm, vary or reverse the refusal or cancellation.

(2) The decision of the Governor on the appeal shall be final.





ANTIQUITIES ADVISORY
BOARD

17. (1) There is hereby established an Antiquities Advisory Board
consisting of such members as the Governor may appoint, one of whom
shall be appointed by the Governor to be Chairman. (Replaced, 29 of 1986,
s. 2)

(2) The Board shall meet at such times and places as the Chairman
may direct.

(3) At any meeting of the Board the Chairman or, in his absence, a
member elected by the members present at that meeting to act as
Chairman shall preside. (Replaced, 29 of 1986, s. 2)

(4) Not less than one-half of the number of members of the Board
shall constitute a quorum at a meeting of the Board. (Amended, 29 of
1986, s. 2)

(5) The procedure at a meeting of the Board shall be such as the
Board may determine.

18. The Board may advise the Authority on any matters relating to
antiquities, proposed monuments or monuments or referred to it for
consultation under section 2A(1), section 3(1) or section 6(4).

(Amended, 38 of 1982, s. 12)

MISCELLANEOUS

19. (1) Any person who-

(a)knowingly makes a false statement to the Authority or to a
designated person as to the situation or circumstances of the
discovery of an antiquity;

(b)contravenes section 11 (1), or section 12; (Amended, 38 of 1982,
s. 13)

(c)without reasonable excuse, fails to comply with a request
made to him by the Authority or a designated person under
section 11(2); or

(d)wilfully obstructs the Authority, or any designated person
authorized by him, in the exercise of his powers under section
5(1) or section 11(6),

shall be guilty of an offence and shall be liable on conviction to a fine of
$5,000 and imprisonment for 6 months.

(2) Any person who contravenes section 6(1) shall be guilty of an
offence and shall be liable on conviction to a fine of 100,000 and

imprisonment for 1 year.(Added, 38 of 1982, s. 13)





20. (1) Subject to this section, in any civil or criminal proceedings if
it is proved that a relic or alleged relic was in Hong Kong after the date
of commencement of this Ordinance, it shall be presumed, until the
contrary is proved, that the discovery of the relic or alleged relic
occurred after that date.

(2) A presumption arising under subsection (1) shall be rebutted if
the court is satisfied that the relic or alleged relic

(a)has been in the possession of a party to the proceedings, or of
such a party and any identifiable person from whom he
acquired possession, for a period of not less than 6 years prior
to the commencement of the proceedings; or

(b)has at any time before the commencement of the proceedings
been imported into Hong Kong.

(3) In any civil or criminal proceedings a certificate, purporting to
be signed by the Authority and stating that anything is an antiquity,
shall be admissible in evidence and shall be prima facie evidence of the
facts stated therein.

20A. Any document or notice to be served or given under this
Ordinance may be served or given by registered post.

(Added, 38 of 1982, s.
14)

21. A sum-

(a) granted under section 7;

(b) awarded as compensation under section 8 or 9;

(c) awarded under section 11(4),

shall be paid from such money as may be provided from time to time by
the Legislative Council.

22. (1) The Governor in Council may make regulations-

(a) prescribing the forms of licences and permits;

(b)prescribing the manner in which applications for licences and
permits shall be made;

(c)prescribed the fees (if any) to be paid to the Authority upon
the grant or renewal of licences;

(d)regulating the conduct of excavations and searches for
antiquities;

(e)providing for the management and control of antiquities,
proposed monuments and monuments; (Amended, 38 of
1982,s. 15)

(f)providing for the prohibition and control of access to
excavations, proposed monuments, monuments and sites, and
for the payment, restriction and regulation of entrance

fees thereto; and(Amended, 38 of 1982, s. 15)





(g)generally for the better carrying out of the provisions of
this Ordinance.

(2) No regulations made under this Ordinance shall-

(a)prohibit or restrict the access to a proposed monument or
monument of the owner or lawful occupier of the proposed
monument or monument or of any person beneficially
interested therein, or of any person authorized by the
owner, occupier or such person; or (Amended, 38 of
1982,s. 15)

(b)confer upon a person any right which he would not
otherwise have had to enter upon private land.
Originally 64 of 1971. L.N. 94/74. L.N. 370/81. 38 of 1982. L.N. 14/83. L.N. 67/85. 29 of 1986. L.N. 286/75. Short title. Interpretation. (Cap. 128.) (Cap. 97.) Declaration of proposed monuments etc. and plans thereof. Duration of declaration of proposed monument. Objection to declaration of proposed monument within private land. Declaration of monuments and plans thereof. Objection to declaration of monument within private land. Control of monuments generally. Acts prohibited in relation to certain monuments except under permit. Grant of sums for preservation, etc., of monuments. Compensation. Assessment of compensation by District Court. Certain relics to be property of Government. Discovery of antiquities. No excavation, etc., of antiquities, without licence. Grant of licences. Rights of licensee. Cancellation of licence. Appeal against refusal of licence. Establishment and meetings of Antiquities Advisory Board. Board may advise Authority. Offences. Evidence. Service by post. Payments to be made from funds provided by the Legislative Council. Regulations.

Originally 64 of 1971. L.N. 94/74. L.N. 370/81. 38 of 1982. L.N. 14/83. L.N. 67/85. 29 of 1986. L.N. 286/75. Short title. Interpretation. (Cap. 128.) (Cap. 97.) Declaration of proposed monuments etc. and plans thereof. Duration of declaration of proposed monument. Objection to declaration of proposed monument within private land. Declaration of monuments and plans thereof. Objection to declaration of monument within private land. Control of monuments generally. Acts prohibited in relation to certain monuments except under permit. Grant of sums for preservation, etc., of monuments. Compensation. Assessment of compensation by District Court. Certain relics to be property of Government. Discovery of antiquities. No excavation, etc., of antiquities, without licence. Grant of licences. Rights of licensee. Cancellation of licence. Appeal against refusal of licence. Establishment and meetings of Antiquities Advisory Board. Board may advise Authority. Offences. Evidence. Service by post. Payments to be made from funds provided by the Legislative Council. Regulations.

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