SAND ORDINANCE

SAND ORDINANCE

LAWS OF HONG KONG

SAND ORDINANCE

CHAPTER 147





CHAPTER 147

SAND

To regulate the importation and the removal of sand

[6 December 1935.]

1. This Ordinance may be cited as the Sand Ordinance.

1A. This Ordinance shall not apply to sand which is produced by
any quarrying operation or by the washing of other material so as to
produce sand.

(Added, 66 qf 1970, s. 2)

2. (1) No person may take sand from any land, foreshore or sea
bed, not under lease from the Crown, without having previously
obtained a written removal permit or sale and removal permit applicable
to such sand from the Director of Civil Engineering Services. (Amended,
12 of 1938. s. 2 and 66 qf* 1970, s. 3)

(2) The Director of Civil Engineering Services may grant a permit
issued under subsection (1) on such terms and attach thereto such
conditions as he may think fit. (Replaced, 66 of 1970 s. 4) (Amended,
L.N. 76/82 and L.N. 127/86)

3. (1) No person may in any vessel or vehicle bring into the Colony
or remove from one part of the Colony to another any sand, wherever
obtained and whatever its ultimate destination, in excess of 100 kg,
unless he has in his possession a permit, issued under section 2(1), or a
written removal permit from the Director of Civil Engineering Services
issued under this section, applicable to such sand. (Amended, 12 qf
1938, s. 2; 37 of 1955, s. 2: 66 of 1970, s. 3; L.N. 156/77; L.N. 76/82
and L.N. 1271186)

(2) Any removal permit issued, under this section may prescribe
the quantity of sand which may be removed and the places from and to
which it may be removed.

4. The Director of Civil Engineering Services and any public officer
authorized by him either generally or specially and any police officer
may--- (Amended, L.N. 76/82 and L.N. 127/86)

(a)arrest any person whom he reasonably suspects to have
committed or of being about to commit an offence against this
Ordinance;

(b)enter and search any place and stop, board, detain and search
any vessel or vehicle in which he has reason to suspect there
is any sand with respect to which an offence against this
Ordinance has been committed; and





(c) seize any sand with respect to which lie has reason to
suspect there has been committed an offence against this
Ordinance.
(Replaced, 37 of 1955, s. 3. Amended, 66 qf' 1970, s. 3)

5. Any person who contravenes any provision of section 2(1), or
section 3(1), or who brings into the Colony, or takes or removes more
sand than is prescribed by the permit, or sand from or to any place other
than the place or places. if any, prescribed in the permit, shall be guilty
of an offence and shall be liable on summary conviction to a fine of
$2,500 and to imprisonment for 6 months. (Amended, 37 qf 1955, s. 4)

6. Where any sand has been seized under this or any other
enactment the magistrate shall upon application being made

(a)order restitution thereof to the Crown where the sand appears
to him to be the property of the Crown; or

(b)order the forfeiture to the Crown thereof where the sand
appears to him to be the property of some other person and
where he is satisfied that an offence against this Ordinance has
been committed in respect thereof whether any person has
been convicted of such offence or not.

(Added, 37 of 1955 s. 5)
Originally 50 of 1935. (Cap. 147, 1950.) 12 of 1938. 22 of 1950. 37 of 1950. 37 of 1955. 66 of 1970. L.N. 156/77. L.N. 76/82. L.N. 127/86. Short title. Application of Ordinance. Permit required for removal from Crown land. Permit required where any sand in excess of 100 kg is imported or removed by junk, lighter, truck or lorry. Arrest, detention, search and seizure. Penalties. Restitution and forfeiture of sand.

Originally 50 of 1935. (Cap. 147, 1950.) 12 of 1938. 22 of 1950. 37 of 1950. 37 of 1955. 66 of 1970. L.N. 156/77. L.N. 76/82. L.N. 127/86. Short title. Application of Ordinance. Permit required for removal from Crown land. Permit required where any sand in excess of 100 kg is imported or removed by junk, lighter, truck or lorry. Arrest, detention, search and seizure. Penalties. Restitution and forfeiture of sand.

https://oelawhk.lib.hku.hk/items/show/2695

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