COUNTRY PARKS ORDINANCE
Title
COUNTRY PARKS ORDINANCE
Description
LAWS OF HONG KONG
COUNTRY PARKS ORDINANCE
CHAPTER 208
CHAPTER 208
COUNTRY PARKS ORDINANCE
ARRANGEMENT OF SECTIONS
Section Page
PART 1
PRELIMINAR
Y
1. Short title...............1 ........ ... ... ... ... ... ... ... ... 3
2. Interpretation...... 1 ............ ... ... ... ... ... ... ... ... ... ... 3
PART II
DUTIES OF AUTHORITY AND
ESTABLISHMENT OF
COUNTRY PARKS BOARD
3................................Control and management of country parks and special areas ... ... ... ... 3
4................Duties of the Authority ...... ... ... ... ... ... ... ... ... ... ... 4
5.......................Establishment of Country Parks Board ... ... ... ... ... ... ... 4
6............................Transaction of business by circulation of papers ... 5
7.....................Power of Governor to give directions ... ... ... ... ... ... ... ... ... 5
PART III
DESIGNATION OF COUNTRY
PARKS
8................Preparation of draft maps ... ... ... ... ... ... ... ... ... ... ... 5
9................Inspection of draft map ... ... ... ... ... ... ... ... ... ... 6
10...........................Effect of publication of notice under section 9(1) ... ... ... ... ... ... 6
11,........Objections ................... ... ... ... ... ... ... ... ... ... 7
1 Submission of draft map to Governor in Council ... ... ... ... ... ... 8
13. Power of Governor in Council upon submission of draft map ... ... ... ... 8
14..................Designation of country parks ... ... ... ... ... ... ... ... ... ... 8
15,..........................Replacement or amendment of approved maps ... ... ... ... ... ... 8
PART IV
CONTROL OF LAND IN COUNTRY
PARKS
16.......................Control of use of land in country park ... ... ... ... ... ... ... 9
17.......................Objection to notice under section 16(2) ... ... ... ... ... ... ... 10
PART V
COMPENSATION
18.......................No remedy except under this Ordinance ... ... ... ... ... ... ... ... 11
19...........Compensation .....1 .............. ... ... ... ... ... ... ... 11
20................Claims for compensation .... ... ... ... ... ... ... ... ... 13
21................Interest on compensation .... ... ... ... ... ... ... ... ... ... ... 13
22......................................Compensation to be paid from funds provided by the Legislative Council ... 13
23. Payment when claimant absent etc . ... ... ... ... ... ... ... ... ... ... 13
Section Page
PART VI
SPECIAL AREAS
24................Designation of special areas ... ... ... ... ... ... ... ... ... 14
PART VII
EXCLUSIONS
25. Exclusions from country parks and special areas ... ... ... ... ... ... ... 14
PART VIII
MISCELLANEOUS
26.........Regulations ........................ ... ... ... ... ... ... ... ... ... 14
27.........Powers of arrest ................... ... ... ... ... ... ... ... ... ... 16
28.........Powers of entry..................... ... ... ... ... ... ... ... ... ... 16
CHAPTER 208
COUNTRY PARKS
To provide for the designation, control and management of country
parks and special areas, the establishment of the Country Parks
Board, and for purposes connected therewith.
[16 August 1976.]
PART 1
PRELIMINARY
1. This Ordinance may be cited as the Country Parks Ordinance.
2. In this Ordinance, unless the context otherwise requires-
'Authority' means the Director of Agriculture and Fisheries;
'Board' means the Country Parks Board established under section 5;
'country park' means any area that is designated as a country park
under section 14;
'leased land' means any land which is
(a) held under a Crown lease or a tenancy granted by the
Crown or any agreement for such a lease or tenancy;
(b) vested in any person by an Ordinance; or
(c) occupied under-
(i) a licence issued under section 5 of the Crown Land
Ordinance;
(ii) a licence or permit granted or issued under any other
Ordinance; or
(iii) a deed or memorandum of appropriation;
'special area' means any area designated as such under section 24.
PART 11
DUTIES OF AUTHORITY AND ESTABLISHMENT OF COUNTRY PARKS
BOARD
3. Subject to this Ordinance, the control and management of
country parks and special areas are vested in the Authority.
4. It shall be the duty of the Authority-
(a)to make recommendations to the Governor for the designation
of areas as country parks or special areas;
(b) to develop and manage country parks and special areas;
(e)to take such measures in respect of country parks and special
areas as he thinks necessary
(i) to encourage their use and development for the
purposes of recreation and tourism;
(ii) to protect the vegetation and wild life inside country
parks and special areas;
(iii) to preserve and maintain buildings and sites of historic
or cultural significance within country parks and special areas
but without prejudice to the Antiquities and Monuments
Ordinance; and
(iv) to provide facilities and services for the public
enjoyment of country parks and special areas;
(d) generally to administer this Ordinance.
5. (1) There is hereby established a Country Parks Board which
shall
(a)act as a consultative body to advise the Authority upon any
matter referred to it by the Authority;
(b)consider and to advise the Authority on, the policy and
programmes prepared by the Authority in respect of country
parks and special areas, including proposed country parks
and special areas; and
(c)consider any objections that may be lodged under section 11
or section 17.
(2) The Board shall consist of-
(a) the Authority, who shall be the Chairman; and
(b) not less than 10 other members, of whom not less than 5 shall
be public officer
(3) The members of the Board, other than those members who are
public officers, shall be appointed for a period of 2 years or for such
lesser period as the Governor may in any particular case determine and
shall be eligible for re-appointment.
(4) Any member of the Board who is not a public officer may at any
time by notice in writing to the Governor resign from the Board.
(5) 5 members of the Board shall form a quorum at any meeting
thereof.
(6) The Chairman of the Board shall preside at all meetings thereof.
Provided that if at any meeting the Chairman is absent there
shall preside such member of the Board as shall be elected from
among those present at the meeting.
(7) The Board may appoint committees for the better dis-
charge of its functions under this Ordinance and a committee so
appointed may include persons who are not members of the Board:
Provided that at least two-thirds of the members of every
committee shall be members of the Board.
(8) The Authority shall appoint a public officer to be the
Secretary of the Board.
(9) If a member of the Board has any pecuniary interest,
whether direct or indirect, in any matter before the Board, he shall
disclose the fact and nature of his interest at a meeting of the Board
and, if so required by the Board, shall withdraw from the meeting at
which the Board is considering the matter and in any case shall not
vote thereon.
(10) Subject to this Ordinance the Board and any committee
thereof may determine its own procedure at meetings.
6. (1) The Board may transact any of its business by circula-
tion of papers, and, subject to subsections (2) and (3), a resolution in
writing which is approved in writing by a majority of the members
shall be as valid and effectual as if it had been passed at a meeting of
the Board by the votes of the members so approving the resolution.
(2) Any member of the Board may, by notice in writing to the
Chairman, require any business which is being transacted by circula-
tion of papers to be transacted at a meeting of the Board.
(3) Where a notice under subsection (2) has been given to the
Chairman, any resolution in respect of the business the subject of the
notice which has been approved in writing by a majority of the
members under subsection (1) shall be void.
7. (1) The Governor may give such directions as he thinks
fit, either generally or in any particular case, with respect to the
exercise or performance by the Authority or a public officer of any
powers, functions or duties under this Ordinance.
(2) The Authority and every public officer shall, in the exercise
or performance of any powers, functions or duties under this
Ordinance comply with any directions given by the Governor under
subsection (1).
PART 111
DESIGNATION OF COUNTRY PARKS
8. (1) The Authority shall, at the direction of the Governor,
prepare draft maps showing proposed country parks.
(2) Any map prepared under subsection (1) shall, to the extent that
it is practicable, show or make provision for such facilities and services
as the Authority considers appropriate for the country park.
(3) The Authority may, in conjunction with any draft map prepared
under subsection (1), prepare explanatory material relating to the map,
which may be in the form of diagrams, illustrations, notes or descriptive
matter; and any such explanatory material shall be part of the map.
(4) The Authority shall consult the Board on the preparation of any
draft map under this section.
9. (1) Where the Authority has prepared a draft map under section
8, he shall publish in the Gazette a notice in English and in Chinese
(a)containing a general description of the area shown in the draft
map;
(b)giving particulars of the places and times at which a copy of
the map may be inspected by the public; and
(e)specifying the time within which, and the manner in which,
objections to the draft map may be made.
(2) Where the Authority publishes a notice under subsection (1)
he shall
(a)publish a copy of the notice in 3 issues of one English
language and 2 Chinese language daily newspapers; and
(b)display a copy of such notice in some conspicuous part of the
proposed country park.
(3) A copy of a draft map shall be available for inspection by the
public free of charge at such offices of the Government as the Authority
thinks fit for a period of 60 days from the date of publication of a notice
under subsection (1) and during the hours when those officers are
normally open to the public.
(4) The Authority shall supply a copy of the draft map upon
payment of such fee as the Authority may determine.
10. (1) After the publication of a notice by the Authority under
section 9(1), no new development shall be carried out within the area of
the proposed country park shown in the draft map without the prior
approval of the Authority.
(2) The granting of approval by the Authority under subsection (1)
shall be in addition to any other approval which may be required in
respect of the new development.
(3) For the purposes of this section-
'development' means the carrying out of building, engineering, mining
or other similar operations in, on, over or under land or the making
of any material change in the use of any buildings or other land
other than
(a)the carrying out of works for the maintenance, improve-
ment or alteration of any building;
(b)the use of any land for the purpose of agriculture, forestry
or fisheries and the use for any of those purposes of any
building occupied together with land so used;
(c)the use of any buildings or other land within the curtilage
of a dwelling house for any purpose incidental to the
enjoyment of dwelling house as such; or
(d)the carrying out of any works for the purpose of inspect-
ing, repairing or renewing any sewer, mains, pipes, cables
or other apparatus;
'new development' means any development other than develop-
ment in respect of which all the necessary approvals and per-
missions had been obtained prior to the date of publication in
the Gazette of a notice under section 9(1).
11. (1) Any person aggrieved by a draft map available for
inspection under section 9 may within the period of 60 days referred
to in section 9(3) send to the Authority and to the Secretary of the
Board a written statement of his objection to the draft map.
(2) A written statement under subsection (1) shall set out-
(a) the nature of and reasons for the objection; and
(b)if the objection would be removed by an alteration to the
draft map, any alteration proposed.
(3) Where the Authority receives a written statement of objec-
tion under subsection (1), he may within 30 days of receipt of the
objection send to the Secretary of the Board his written representa-
tions concerning such objection.
(4) Upon receipt of an objection under subsection (1) and any
representations by the Authority under subsection (3), the Secretary
of the Board shall fix a time and place for the hearing of the objec-
tion by the Board and shall give 14 clear days' notice thereof to the
objector.
(5) The objector may attend the meeting of the Board at which
the objection is to be heard, and may be heard in person or by his
authorized representative.
(6) Upon the hearing of an objection, the Board may-
(a) reject the objection in whole or in part; or
(b)direct the Authority to make amendments to the draft map
to meet such objection in whole or in part.
(7) Where the Board rejects the objection under subsection
(6)(a), the Secretary of the Board shall notify in writing the objector
of the Board's decision.
12. The Authority shall, within 6 months from the last day of the
period during which objections may be lodged, submit the draft map to
the Governor in Council for approval, and shall at the same time submit
(a)a schedule of objections and representations made under
section 11; and
(b)a schedule of the amendments made by the Authority
pursuant to a direction under section 11(6)(b) with a view to
meeting such objections.
13. (1) Upon submission of a draft map under section 12, the
Governor in Council shall
(a) approve the draft map;
(b) refuse to approve it; or
(e)refer it to the Authority for further consideration and
amendment.
(2) Where the Governor in Council refuses to approve a draft map
under subsection (1)(b), the Authority shall as soon as possible after
such refusal give notice in the Gazette of such refusal.
(3) The Governor in Council may by order published in the Gazette
correct any omission from or error in any map approved by him.
(4) Every map approved by the Governor in Council shall be signed
by the Authority and shall be deposited in the Land Office and if the
map relates to the New Territories certified copies of such approved
maps shall be deposited in each District Land Office in the New
Territories.
(5) The deposit of maps under subsection (4) shall be notified in
the Gazette.
(6) The Authority shall supply a copy of an approved map to any
person upon payment of such fee as the Authority may determine.
14. Where the Governor in Council has approved a draft map under
section 13 and it has been deposited in the Land Office, the Governor
shall, by order in the Gazette, designate the area shown in the approved
map to be a country park.
15. (1) The Governor in Council may refer any map approved by
him under section 13 to the Authority for replacement by a new map or
for amendment.
(2) Upon any reference under subsection (1), sections 8 to 14 shall
apply in respect of a new map in replacement of the map referred to or
any amendment to the map referred in like manner
as they applied to the map it replaces or amends; and where the
reference is in respect of an amendment the word 'map' in sections 8 to
14 shall be construed as referring to the map showing the amendment.
(3) A map referred to the Authority shall be replaced by the new
approved map or read as one with any approved amendment as the case
may be.
(4) The Land Officer shall endorse accordingly the map deposited
under section 13 which has been replaced or amended and shall cause
the copies of the maps deposited in the District Land Offices to be
similarly endorsed.
PART IV
CONTROL OF LAND IN COUNTRY PARKS
16. (1) Notwithstanding any Ordinance or the terms of any lease or
agreement for a lease, in any case where the Authority is of the opinion
that any use or proposed use of any leased land by the occupier within
a country park would substantially reduce the enjoyment and amenities
of the country park as such, he may request the appropriate Land
Authority to exercise the powers conferred by this section.
(2) Where the Land Authority receives a request under subsection
(1), he may, by notice in writing
(a)require the occupier, within such period, not being less than 3
months, as the Land Authority may determine, to discontinue
or modify the use; or
(b)prohibit the occupier from proceeding with the proposed use
or, within such period, not being less than 3 months, as the
Land Authority may determine, require the occupier to modify
the proposed use,
so as to avoid the enjoyment and amenities of the country park being
substantially reduced; and where the occupier is not the Crown lessee,
the Land Authority shall, where practicable, serve on the Crown lessee
a copy of the notice given to the occupier.
(3) A notice under subsection (2) shall notify the occupier, and
where the occupier is not the Crown lessee, the Crown lessee, of his
right to object under section 17.
(4) An occupier who fails to comply with the requirements of a
notice given to him under subsection (2) shall be guilty of an offence
and shall be liable to a fine of $5,000 and, in addition, to a fine of $100 for
each day during which the offence has continued.
(5) Where an occupier or Crown lessee objects under section 17
the operation of the notice against which he is objecting shall be
suspended until the final determination of the objection.
(6) Notwithstanding any proceedings which may be taken
under subsection (3), where the requirements of a notice under
subsection (2) are not complied with, the leased land which is the
subject of the requirements may be resumed in accordance with the
Crown Lands Resumption Ordinance, and for the purposes of
section 3 of that Ordinance it shall be deemed that the resumption
of such land is required for a public purpose.
(7) In this Part 'Land Authority' means-
(a)in relation to leased land within a country park situated in
the New Territories, the Director of Buildings and Lands;
and (Amended, L.N. 370181; L.N. 76182 and L.N. 94186)
(b)in relation to leased land within a country park in Hong
Kong other than the New Territories, the Director of Build-
ings and Lands. (Amended, L.N. 76182 and L.N. 94186)
17. (1) Where a notice is served on an occupier or Crown
lessee under section 16(2) in respect of the use or proposed use of any
land held by him-
(a) under a Crown lease or any agreement for such lease; or
(b) under any Ordinance,
he may, within 1 month of the service on him of such notice, send to
the Authority, the Land Authority and to the Secretary of the Board
a written statement of objection to the notice.
(2) A written statement under subsection (1) shall set out the
nature of and reasons for the objection.
(3) Where the Authority and the Land Authority receive a
written statement under subsection (1) they may within 14 days of
receipt of the statement send to the Secretary of the Board their
written representations concerning such objection.
(4) Upon receipt of a written statement under subsection (1)
and any representations under subsection (3), the Secretary of the
Board shall fix a time and place for the hearing of the objection by
the Board and shall give 14 clear days' notice thereof to the objector.
(5) The objector may attend the meeting of the Board at which
the objection is to be heard, and may be heard in person or by his
authorized representative.
(6) Upon the hearing of the objection, the Board may-
(a) reject the objection;
(b) uphold the objection; or
(c)direct the Land Authority to amend the notice served
under section 16(2).
(7) Where the Board rejects the objection or directs the Land
Authority to amend the notice the Secretary shall notify the objector in
writing of the Board's decision and shall also notify the objector of his
right of appeal under subsection (8).
(8) Any objector aggrieved by the Board's decision may appeal by
way of petition to the Governor within 1 month of being notified of the
Board's decision.
(9) Upon consideration of a petition under subsection (8) the
Governor may
(a)direct the Land Authority to withdraw or amend the notice
served under section 16(2); or
(b)direct that the petition be referred to the Governor in Council.
(10) The Governor in Council, upon considering a petition referred
to him under subsection (9) may
(a)direct the Land Authority to withdraw or amend the notice
served under section 16(2); or
(b) dismiss the petition.
(11) The decision of the Governor or the Governor in Council shall
be final.
PART V
COMPENSATION
18. (1) No compensation shall be paid to the owner of, or to any
person interested in, any land because it is situated within or is affected
by a country park.
(2) No action, claim or proceedings shall lie or be brought against
the Crown or any other person to recover damages, compensation or
costs for
(a)damage or disturbance to or loss of or in the value of any
land, chattel, trade or business;
(b) personal disturbance or inconvenience;
(c) extinguishment, modification or restriction of rights; or
(d) the costs of affecting or complying with any requirement,
which is authorized or imposed by or under this Ordinance or arises
from any act or omission so authorized, except in pursuance of the
rights to compensation provided for in section 19.
19. (1) Where-
(a)the Authority refuses approval under section 10 for the
carrying out of new development on any land; or
(b)the occupier of land within a country park discontinues or
modifies the use or ceases to proceed with or modifies the
proposed use of that land in accordance with a notice given to
him under section 16(2),
and such new development or use is permitted by or under the terms of
any lease or agreement for a lease under which the land is held
(i)in the case of loss, damage or cost under paragraph (a), the
owner of the land; and
(ii) in the case of loss, damage or cost under paragraph (b), any
person owning a compensatable interest in the land,
shall have the right to claim compensation from the Crown to the extent
of the loss, damage or cost suffered or incurred by him as assessed
under this Part.
(2) The basis on which compensation is to be assessed shall be
(a)in the case of a claim for loss, damage or cost under
subsection (1)(a), the amount by which the value of the land is
reduced on account of the refusal to approve the carrying out
of new development; and
(b)in the case of a claim for loss, damage or cost under
subsection (1)(b)
(i) the amount by which the value of the land is reduced;
and
ii) the amount which might fairly and reasonably be
estimated as the loss of the claimant in respect of works
necessary to effect the discontinuance, cessation or
modification of the use or proposed use,
on account of the requirement to discontinue or modify or the
prohibition.
(3) In the assessment of compensation no account shall be taken of
any increase or decrease in the value of land to which the compensation
relates which is attributable to
(a)the land being within an area of a proposed country park
shown on a draft map prepared under section 8; or
(b) the land being within a country park.
(4) For the purposes of this section the value of land shall be such
value as would be assessed under the Crown Lands Resumption
Ordinance if the land were to be resumed under that Ordinance.
(5) In this section 'compensatable interest' means the estate or
interest of
(a)a person having an unexpired term in land (including any
further term which could be obtained as of right) of not less
than one month or a tenancy or sub-tenancy terminable
(where by virtue of an Ordinance or otherwise) by either party
by not less than one month's notice;
(b) a mortgagee in possession;
(c)the holder of a valid or subsisting option to purchase an
interest referred to in (a) or (d);
(d)a purchaser under an agreement for sale and purchase to
whom the benefit of an interest referred to in (a) or (c) has
already passed.
20. (1) Any person claiming compensation under section 19
shall submit a claim in writing to the Authority stating the nature of
his estate or interest in the land and the amount which he seeks to
recover.
(2) A person claiming compensation under section 19 shall
submit his claim to the Authority within 1 year of the refusal to
approve new development or of the receipt of a requirement to
discontinue or modify the use or proposed use, as the case may be,
or within such further period as the Authority may allow.
(3) If any such person and the Authority do not agree, within
3 months from the submission of the claim under subsection (1), as
to the amount of compensation (if any) to be paid, either party may
submit the claim to the Lands Tribunal for determination of the
amount of compensation (if any) to be paid.
(4) The Lands Tribunal shall determine the amount of com-
pensation payable in respect of a claim submitted to it under
subsection (3) in accordance with section 19.
21. The Lands Tribunal may direct that interest be paid on
compensation (but not on costs) from such date and for such period
as it thinks fit, at the lowest rate paid from time to time by members
of the Exchange Banks Association on time deposits or at such other
rate as may be determined by resolution of the Legislative Council.
22. All compensation, including interest thereon and costs,
shall be paid from such money as may be provided from time to time
by the Legislative Council.
23. If a claimant to whom compensation is payable, either by
agreement or following an award by the Lands Tribunal,-
(a) is absent from Hong Kong;
(b) cannot be found;
(c)within 3 months of an agreement for or award of compen-
sation makes no claim for payment; or
(d)in the opinion of the Authority is unable to give an
effectual discharge for the compensation,
the Authority may direct payment of the compensation to be made to
such other person on behalf of the claimant as he shall think proper,
subject to such conditions as he thinks fit, and the receipt of the person
to whom payment is made shall be a valid and effectual discharge for the
compensation in the same manner as if payment had been made to the
claimant.
PART VI
SPECIAL AREAS
24. (1) The Governor may by order in the Gazette designate any
area of Crown land outside a country park as a special area for the
purpose of this Ordinance.
(2) The Authority may, on the advice of the Board, by order in the
Gazette, designate any area of Crown land within a country park as a
special area for the purposes of this Ordinance.
(3) In this section 'Crown land' means any land which is not
leased land.
PART VII
EXCLUSIONS
25. The Governor may by order in the Gazette exclude from any
country park or special area
(a)village areas, traditional burial grounds, temples and other
religious buildings;
(b)any area in respect of which a lease is issued or to be issued
by the Director of Buildings and Lands, after consultation
with the Authority, for the purposes of recreation or tourism;
and (Amended, L.N. 370181; L.N. 76182 and L.N. 94186)
(c)any place, building, site or structure that has been declared a
monument under section 3 of the Antiquities and Monuments
Ordinance.
PART VIII
MISCELLANEOUS
26. (1) The Governor in Council may make regulations to provide
for
(a)the proper management and control, including closure or
partial closure, of country parks and special areas;
(b)prohibiting or restricting the entry into, or movement
within, country parks and special areas of persons, vehicles,
boats and animals;
(e)the preservation of good order and prevention of abuses
and nuisances within country parks and special areas;
(d)the fees or charges payable in connexion with the use of
any country park or special area or any part thereof or in
connexion with the use of any amenities or facilities
provided therein;
(e)prohibiting or restricting the killing, hunting, trapping,
molesting or disturbance of any form of wild life within a
country park or special area, the taking of, destruction of
or interference with vegetation within a country park or
special area or the doing of anything therein which will
interfere with the soil;
prohibiting or restricting the lighting of fires within a
country park or special area and the prevention of fire
hazards;
(g)prohibiting or controlling the use of a country park or
special area for-
(i) picnicking;
(ii) barbecuing;
(iii) camping;
(iv) swimming;
(v) hawking;
(vi) advertising;
(vii) fishing; and
(viii) any other similar activities;
(h)the seizure and disposal of any vehicle, boat, animal or
other article or thing in respect of which any regulation
made under this section is contravened;
(i)the issue by the Authority on such terms and subject to
such conditions as the Authority may personally deter-
mine, of permits authorizing the entry into a country park
or special area or the doing of anything therein which
would otherwise be unlawful; and
(j) generally the purposes of this Ordinance.
(2) Regulations made under this section shall not derogate
from or adversely affect any rights attached to any land within a
country park or special area.
(3) Regulations made under this section may provide that a
contravention or breach thereof shall be an offence punishable by a
fine not exceeding $5,000 and imprisonment for a term not exceed-
ing 1 year and where the offence is a continuing offence, punishable
by a daily fine not exceeding $100 in addition to the penalties
imposed in relation to that offence.
27. (1) Any public officer or class of public officers authorized in
writing by the Authority in that behalf may without warrant arrest any
person whom he reasonably suspects of having committed any offence
under the regulations.
(2) Any public officer who arrests any person under subsection (1)
shall take the person to a police station or, if further inquiries are
necessary, first to an office of the Authority and then to a police
station, there to be dealt with in accordance with the Police Force
Ordinance:
Provided that in no case shall any person be detained for more
than 48 hours without being charged and brought before a magistrate.
(3) If any person forcibly resists or attempts to evade arrest under
this section, the public officer arresting him may use such force as is
reasonably necessary to effect the arrest.
28. (1) For the purpose of-
(a)surveying any land in connexion with the preparation of a
draft map under section 8;
(b) 'ascertaining whether any new development is being carried out
on any land;
(c)ascertaining whether the use or proposed use of any land
within a country park would substantially reduce the
enjoyment or amenities of the country park as such; or
(d)surveying any land or estimating its value in connexion with
any claim for compensation under section 19,
any public officer authorized in writing by the Authority in that behalf
may enter upon that land at all reasonable times.
(2) Any person who wilfully obstructs any public officer lawfully
exercising his powers under this section shall be guilty of an offence
and shall be liable on conviction to a fine of $5,000 and to imprisonment
for 1 year.
Originally 10 of 1976. L.N. 370/81. L.N. 76/82. L.N. 94/86. L.N. 204/76. Short title. Interpretation. (Cap. 28.) Control and management of country parks and special areas. Duties of the Authority. (Cap. 53.) Establishment of Country Parks Board. Transaction of business by circulation of papers. Power of Governor to give directions. Preparation of draft maps. Inspection of draft map. Effect of publication of notice under section 9(1). 1971 c. 78, s. 22(1) & (2). Objections. Submission of draft map to Governor in Council. Power of Governor in Council upon submission of draft map. Designation of country parks. Replacement or amendment of approved maps. Control of use of land in country park. (Cap. 124.) Objection to notice under section 16(2). No remedy except under this Ordinance. Compensation. (Cap. 124.) Claims for compensation. Interest on compensation. Compensation to be paid from funds provided by the Legislative Council. Payment when claimant absent etc. Designation of special areas. Exclusions from country parks and special areas. (Cap. 53.) Regulations. Powers of arrest. (Cap. 232.) Powers of entry.
Abstract
Originally 10 of 1976. L.N. 370/81. L.N. 76/82. L.N. 94/86. L.N. 204/76. Short title. Interpretation. (Cap. 28.) Control and management of country parks and special areas. Duties of the Authority. (Cap. 53.) Establishment of Country Parks Board. Transaction of business by circulation of papers. Power of Governor to give directions. Preparation of draft maps. Inspection of draft map. Effect of publication of notice under section 9(1). 1971 c. 78, s. 22(1) & (2). Objections. Submission of draft map to Governor in Council. Power of Governor in Council upon submission of draft map. Designation of country parks. Replacement or amendment of approved maps. Control of use of land in country park. (Cap. 124.) Objection to notice under section 16(2). No remedy except under this Ordinance. Compensation. (Cap. 124.) Claims for compensation. Interest on compensation. Compensation to be paid from funds provided by the Legislative Council. Payment when claimant absent etc. Designation of special areas. Exclusions from country parks and special areas. (Cap. 53.) Regulations. Powers of arrest. (Cap. 232.) Powers of entry.
Identifier
https://oelawhk.lib.hku.hk/items/show/2855
Edition
1964
Volume
v14
Subsequent Cap No.
208
Number of Pages
17
Files
Collection
Historical Laws of Hong Kong Online
Citation
“COUNTRY PARKS ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 20, 2025, https://oelawhk.lib.hku.hk/items/show/2855.