MINING ORDINANCE

MINING ORDINANCE

LAWS OF HONG KONG

MIMING ORDINANCE

CHAPTER 285





CHAPTER 285.

MINING ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section.

PART I.

PRELIMINARY
PROVISIONS.

1. Short title

2. Interpretation

PART H.

GENERAL
PROVISIONS.

3. Property in and control of minerals declared to be vested in the Crown

4.....................Prospecting and mining restricted ... ... ... ... ... ... ...
5.....................Ordinance not to apply to mineral oils ... ... ...

6...................................Saving of sacred areas, trees and other objects of veneration ...

7. Holder of mining title not resident in Hong Kong to appoint attorney

resident in Hong Kong ... ... ... ... ... ...

8............................Plans of prospecting and mining operations ...
9............................Lands excluded from prospecting and mining ...

10.
11.
12.

Royalties ...
Governor may close ar~ to prospecting or mining
Compensation where action is taken under section 11

PART III.

PROSPECTING.

13. Prospecting licences .
14. Rights of the holder .
15. Duties of the holder

16.
17.
18.

Ownership and disposal of minerals
Further prospecting licences for same area
Cancellation of prospecting licence

PART IV.
MINING.

19.
20. Mining licences






21. Cancellation of mining licence

Page.

4
4

6
6
6
7
7

7

........ ... ...

8
8
9
9
10
10

10
10
11








Section.
22. 23.
24. 25.
26. 27.
28. 29.
30.

Mining leases

Requirements as to capital

Duration and renewal of mining lease ...

Rights under a mining licence or mining lease ... ...

Assignment, etc. . rights ... ... ..

Diversion or pollution of waters prohibited ...

Purification of water ... ... ... ...

Power of Commissioner to close mine ... ...

Acceptance of rent not to operate as a waiver of right of re-entry

forfeiture ... ...

31. Power of Land Officer to revoke a mining lease

PART V.

COMPENSATION.

Page.
11
12
12
13
13
13
13
14

14
14

32...................Mining Compensation Board ... ... ... ... ..

33.................................Compensation for disturbance of surface rights, etc . ... ... ... 15

PART VI.
POSSESSION AND PURCHASE OF SPECIFIED
MINERALS.

34. Meaning of specified minerals for purposes of this Part
35. Possession of specified minerals
36. Purchase of specified minerals
37.
38.

Licence to purchase specified minerals ...

Duty of seller of specified minerals to satisfy ~If that purchaser is

licensed to...buy................... ..... ... ... ... ... ... ... ...







39. Holder of licence to satisfy himself that the seller is authorized to
possess and dispose of specified minerals

40..............Duty of licensee ... ... ... ...

41. Cancellation of Authorized Buyer's Licence

PART VII.

APPOINTMENT Am FUNCTIONS OF MINES
OFFICERS.

42. Appointment of mines officers
43. Functions of the Superintendent of Mines
44. Powers of mines officers

is

16
16
17
17

17

17
17
17

18
18
18









Section.

45. Power to enter upon land and inspect, etc.
46. Public officers may be authorized to discharge functions of mines officer

PART VIII.

INQUIRIES INTO ACCIDENTS,
EM.

47................Accidents to be reported ...

48. Commissioner of Mines to decide if in~ by Superintendent shall be
held in certain cases

49. Procedure if inquiry conducted by Commissioner

50. Saying

51.....................Unlawful prospecting and mining ... ... ... ... ... ... ... ... 21

52.................................Penalty for contraventions of section 8, 15, 27 or 28 ... ... ... 21

53. Offences and penalties in relation to possession and purchase of minerals 21

54...................................Fraud by applicant for prospecting licence or mining licence ... ... 21

55. Wilfully or recklessly giving false information or withholding informa-

tion, and contravention of section 66(8) ... ...

56. Interfering with mining, prospecting or the exercise of any right con-
ferred by this Ordinance

57. Sal~
58.
59.

PART IX.

OFFENCES AND
PENALTIES.

page.
19
19

19

20
20
20

Liability of employer for offences committed by his employees ...

Forfeiture ............................ ... ... ... ... ... ... ...

PART X.
MISCELLANEOUS
PROVISIONS.

60. Service of documents
61. Right of the Governor to take materials
62.
63.






64.
65.
66.

Crown servants prohibited from acquiring rights

Officers empowered to conduct prosecutions ...

Lateral limits ... ... ... ... ... ...

Resumption of land required for public purposes ...

Power of Land Officer and Commissioner to require giving of se and
provisions in connexion therewith ... ... ... ...

67. Power of Governor in Council to make regulations
68. Saving

........ ... ... ...

21

22
22
22
22

23
23
23
23
24
24

24
26
28








CHAPTER 285.



To make better provision with regard to prospecting for minerals

and mining, and for purposes connected therewith.


PART I.

PRELIMINARY
PROVISIONS.

[15th October. 1954.]

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

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

'Commissionee' means the Commissioner of Mines appointed under
the provisions of section 42 and also the Deputy Commissioner of
Mines appointed under that section;

'Crown land' means all land other than private land;

'functions' includes powers and duties;

'mine' includes any place. excavation or working whereon. wherein or
whereby an operation in connexion with mining is carried on;

'to mine' means intentionally to win minerals and includes any
operation necessary for the purpose;

'mines officer' means any officer appointed under the provisions of
section 42;

'mineral'

does not include mineral oils but include&-

a) metalliferous ores and other substances in their natural

state which are obtainable only by mining or in the course
of prospecting operations;
(b) metalliferous ores and other substances m their natural
state mined or obtained in the course of prospecting

operations; ;

(C) the valuable parts of such ores or other substances
when
unmanufactured ; and

(d) the product of treating or dressing such ores or other

substances for marketing or export,



but save in section 3 and save for the purposes of Part VIII
of this Ordinance and of any regulations made under this
Ordinance relating to safety in mines shall not include clay
other than kaolin or murram, sand, limestone. granite.
porphyry or chalk, or any stone or common mineral substances as
the Governor may by notice in the Gazette declare





not to, be minerals for the purpose of this Ordinance;

(Replaced, 33 of 960, s. 2)

'mineral oil' includes pitch, asphalt and natural gas;

'owner' in its application to land, means the person entitled to the land
under Crown Lease or agreement for lease or other form of valid
title from the Crown;

'pollute' includes any contamination contamination with any chemical
or any
other substance in such a quantity as to be injurious to human,
animal or vegetable life;

'private land' means land held under lease. agreement for lease,
tenancy agreement. licence, permit deed of appropriation. or other
valid title from the Crown. and also land occupied by Her
Majesty's forces under lease, licence, permit, requisition or other
permanent or temporary title;

49 prospect' and 'prospecting' mean to search for minerals and also
such working as is reasonably necessary to enable the prospector
to test the mineral-bearing qualities of the land., (Amended, 33 of
1960, s. 2)

miner
als

16 regulations' means any regulations for the time being in force, made
under the provisions of this Ordinance;

'Superintendent' means the Superintendent of Mines appointed under
the provisions of section 42;

'tailings' means all gravel, sand, slime or other substance which is the
residue of mining operations.

PART H.

GENERAL
PROVISIONS.

3. It is hereby declared that the entire property in and control of all
minerals and mineral oils in, under or upon any lands or under any
waters within the Colony is vested in the Crown, save in so far as such
property and control may be limited by any express grant by the Crown.

4. Save as provided in this Ordinance, no person shall prospect or
mine in,. under or upon any lands or under any waters within the
Colony.

5. Nothing in this Ordinance shall be construed so as to confer any
right to prospect for or to win any mineral oil.

6. (1) Nothing in this Ordinance shall be construed so as to
sanction prospecting or mining in, under or upon any area held to be
sacred or to sanction the injury or destruction of any tree or other thing
which is the object of veneration.

(2) If any question arises under this section as to whether any area
is held to be sacred or whether any tree or other thing





is the object of veneration, such question shall be referred
where the area or the tree or other thing is situate in the New Territories, to the
District Commissioner, and in any otehr case, to the Secretary
for Chinese Affairs; and the decision of the District Commissioner or
Secretary for Chinese Affairs, as the case may be, shall be final.


7. (1) When not resident in the Colony every holder of a
prospecting or mining licence and every lessee of a mining lease shall at
all times have a duly authorized attorney, approved by the Land Officer,
resident in the Colony, with full power to represent the holder or lessee
in all matters relating to his licence or lease- and shall, within one month
after appointing such attorney or making any change in such
appointment, produce to the Land Officer the original of the power of
attorney or of the document whereby such power of attorney is altered,
and supply a copy thereof for his retention.

(2) If the holder of a prospecting or mining licence or the lessee of a
mining lease fails to comply with any of the provisions of subsection
(1), the Land Officer may, by a notice published in the Gazette, prohibit
the continuance of operations in the area the subject of the licence or
lease.

(3) If any such default continues for three months after the
publication of the notice mentioned in subsection (2), the Land Officer
may. by a further notice published in the Gazette, revoke the licence or
lease.

8. (1) Every holder of a prospecting or mining licence and every lessee
of a mining lease shall, at all times. keep correct plans of all prospecting
or mining done, and correct records of all minerals found and ore
reserves calculated on the area the subject of his licence or lease, and
shall supply to the Commissioner. on request. copies of such plans and
records. (Amended, 33 of 1960, s. 26)

(2) The plans required to be kept by subsection (1) shall be on the
prescribed scale.

9. No prospecting licence. mining licence or mining lease granted
under this Ordinance shall be deemed to authorize prospecting or
mining on or in. or the occupation of, any of the following lands--

(a) land set apart for. or used for or appropriated or dedicated to,
any public purpose (other than mining), except with the prior
consent in writing of the Director of Public Works and
subject to such conditions as he may impose,

(b) land appropriated for any railway or situate within
one hundred
yards of any railway, except with the prior

consent in writing of the Manager and Chief Engineer.





Kowloon-Canton Railway and subject to such conditions as
he may impose; (See, G.N. 67/60)

(c) land which is the site of. or is within one
hundred yards of, any Government or public building, the limits of any
reservoir or catchment area, or any road in use by
vehicular traffic, or any land which is the site of or forms
part of any thoroughfare. except with the prior consent in
writing of the Director of Public works and subject to such
conditions as he may impose;

(d)land actually under cultivation. except with the prior consent
in writing of the owner and any lawful occupier of the land;

(e) land which is the site of, or is within 'e =d hundred yards
of, any building. except with the prior consent in writing
of all persons having any estate or interest in such land
or building.

10. There shall be paid in respect of all minerals obtained in the
course of prospecting or mining operations such royalties as may be
prescribed:

Provided that no royalty shall be payable on any mineral sample
certified by the Commissioner as being required solely for the purpose
of assay or experiment or as a scientific specimen and not being of a
greater quantity than in his opinion is necessary for such purpose.
(Amended, 33 ot 1960, s. 26)

11. (1) The Governor may. by notice in the Gazette, declare any area
to be closed to prospecting Or mining either generally or for any
specified mineral and for such period as may be specified in such notice
or without period assigned. and thereupon a prospecting licence.
mining licence or mining lease. whether granted before or after
publication of such notice, shall not be taken to authorize the holder or
lessee to prospect or mine, as the case may be. in contravention of the
terms of such notice.

(2) The Governor may grant authority on such terms as he may
think fit to any person (including the holder of any existing licence or
lease) to prospect or mine in, under or upon any land which has been
declared to be closed to prospecting or mining.

12. (1) Where any area has been closed to prospecting or mining
under section 11 compensation shall be paid by the Governor out of the
general revenue to the holder of a prospecting or mining licence or the
lessee of a mining lease who is adversely affected by such closure.
(Replaced, 33 of 1960, s. 4)

(2) Compensation shall be payable in the case of a prospecting
licence in respect of disturbance and for the expenses incurred in
prospecting the area and in the case of a mining licence or





lease in respect of disturbance and for the loss of reasonable
expectation of profits from proved minerals in, under or upon any land
within the area in respect of which the mining licence or lease is held.
(Replaced, 33 of 1960, s. 4)

(3) Any dispute as to what are proved minerals in, under or upon
any land to which this section relates, and any dispute as to whether
any compensation is payable or as to the amount of such compensation,
shall, in default of agreement, be determined by arbitration in accordance
with the provisions of the Arbitration Ordinance.

(Amended, 33 of 1960, s. 4)

PART UI.

PROSPECTING
.

13. (1) The Commissioner may grant to any person applying
therefor m the prescribed manner and on payment of the prescribed fee
a prospecting licence.

(2) A prospecting licence shall be in the prescribed form and shall
be subject to such terms and conditions as the Commissioner may
determine.

(3) A prospecting licence shall not be transferable and any right or
interest conferred, thereby shall not be assignable except with the prior
consent in writing of the Commissioner.

(4) A prospecting licence shall remain in force for six months ft= the
date thereof, unless previously cancelled under the provisions of this
Ordinance, but a licence not so cancelled may be renewed by the
Commissioner for further terms of six months each:

Provided that the total period of the original licence together with
all renewals thereof shall not exceed five years. (Amended, 65 of 1955, s.
2, and 33 ot 1960, s. 5)

14. (1) The holder of a prospecting licence shall have the
right to enter upon and prospect on any Crown land within the
area the subject of the licence and. subject to the provisions of
subsection (2), on any private land within such area. and may,
whilst engage engaged in bona fide prospecting, make bore holes. dig
trenches, sink shafts and generally make the necessary excavations.
subject to the terms and conditions of the licence. (Amended, 33
of 1960, s. 6)

(2) The holder of a prospecting licence shall have no right to enter
upon or prospect on private land unless he obtains the prior consent in
writing of the owner and any lawful occupier thereof.





(3) The holder of a prospecting licence shall not take any steps
which may have the object or direct result of minerals being won in
quantities in excess of those required to prove the mineralbearing
qualities and quantities of the area the subject of the licence. (Added,
33 of 1960, s. 6)

15. The holder of a prospecting licence shall
(a)carry on all prospecting in a safe and workmanlike manner in
accordance with the regulations;

(b)keep such registers and books and make such returns as may
be prescribed;

(c)permit at all reasonable times any mines officer to inspect
any prospecting and to inspect and take copies of any
register and any book of account in the possession or under
the control of the holder and kept in connexion with the
prospecting;

(d)not divert water from any river. stream, spring, reservoir, filter-
bed, well or watercourse without the prior consent in writing
of the Commissioner; (Amended, 33 of 1960, s. 26)

(e)if not personally residing within the area the subject of his
licence or sufficiently near thereto as to give continuous
supervision to the prospecting on such lands. at all times
have a responsible agent supervising the prospecting.

16. (1) Minerals obtained in the course of prospecting under a
prospecting licence shall be the property of the Crown and shall not be
removed from the land or disposed of except with the prior consent in
writing of. and upon such terms and conditions as may be imposed by,
the Commissioner; but nothing herein contained shall be construed to
prohibit any such holder from removing, from time to time. samples of
such minerals sufficient in quantity to enable them to be tested or
analysed or experiments to be made for the purpose of ascertaining the
content and the commercial value thereof. (Amended, 33 of 1960, s. 26)

(2) The Commissioner may authorize the removal of minerals from
the land from which they have been obtained to any place approved by
him for safe custody. subject to such conditions as he may impose.
(Amended, 33 of 1960, s. 26)

(3) If the holder of a prospecting licence desires to retain or
dispose of any minerals obtained in the course of prospecting, he shall
make application to the Commissioner in the prescribed manner and, if
the Commissioner is satisfied that such holder has been conducting
such operations only as are reasonably necessary to enable him to test
the mining potentialities of the land, he may authorize the applicant to
retain and dispose of the





minerals in respect of which application is made on payment of the
prescribed royalty. (Amended, 33 of 1960, s. 26)

17. Where any area is the subject of a prospecting licence, the
Governor in Council may authorize the grant of a further prospecting
licence in respect of the same area for a difrerent mineral if he is satisfied
that by so doing the rights or interests of the holder of any existing
prospecting licence will not be prejudicially affected.

18. The Commissioner may, by notice in writing, cancel a
prospecting licence

(a)if the holder thereof or any attorney, partner. agent or servant
of such holder is convicted of any offence against this
Ordinance or the regulations made thereunder; (Replaced, 33
of 1960, s. 8)

(b)if the holder commits any breach of the provisions of this
Ordinance, or of the regulations made thereunder, or of the
terms or conditions whether express or implied of his licence,
not amounting to an offence against this Ordinance or the
regulations made thereunder, and if, on being called upon by
the Commissioner to show cause within a time specified why
his licence should not be revoked, he fails to comply with
such order or if the cause shown is in the opinion of the
Commissioner inadequate; (Replaced, 33 of 1960, s. 8)

(c)if, without the consent in writing of the Commissioner, the
holder wholly or substantially discontinues prospecting.
(Amended, 33 of 1960, s. 8)

(Amended, 33 of 1960, s. 8)

PART IV.

~G.

19. Mining shall only be lawful under a mining licence or mining
lease.

(A Added, 33 of 1960, s. 9)

20. (1) The Commissioner may grant to any person applying
therefor in the prescribed manner and on payment of the prescribed fee
a mining licence: (Amended, 33 of 1960, s. 10)

Provided that the person, if any, who is carrying on under licence
adequate prospecting operations on the area shall be preferred. (Added,
33 of 1960, s. 10)

(2) A mining licence shall be in the prescribed form, shall specify
the area and the minerals in respect of which it is granted, and shall be
subject to such rentals, fees, royalties, premiums and





other payments as may be prescribed and to such terms and conditions
as the Commissioner may determine.

(3) A mining licence shall not be transferable and any right or
interest conferred thereby shall not be assignable except with the prior
consent in writing of the Commissioner.

(4) A mining licence shall remain in force for six months from the
date thereof. unless previously cancelled under the provisions of this
Ordinance, but a licence not so cancelled may be renewed by the
Commissioner for further terms of six months each:

Provided that the total period of the original licence together with
all renewals thereof shall not save with the consent of the Governor.
exceed five years. (Replaced, 33 of 1960, s. 10)

21. The Commissioner may. by notice in writing, cancel a mining
licence

(a)if the holder thereof or any attorney. partner. agent or servant
of such holder is convicted of any offence against this
Ordinance or the. regulations made thereunder; (Replaced, 33
of 1960. s. 11)

(b)if the holder commits any broach of the provisions of this
Ordinance, or of the regulations made thereunder, or of the
terms or conditions whether express or implied of his licence.
not amounting to an ofrence against this Ordinance or the
regulations made thereunder. and if, on being called upon by
the Commissioner to show cause within a time specified why
his licence should not be revoked. he fails to comply with
such order or if the cause shown is in the opinion of the
Commissioner inadequate; (Replaced, 33 of 1939, s. 11)

(c)if. without the consent in writing of the Commissioner, the
holder wholly or substantially discontinues g operations.
(Amended, 33 of 1960, s. 11)

(Amended, 33 of 1960, s. 11)

22. (1) The Land Officer may grant a mining lease to any person
applying therefor in the prescribed manner, if the Commissioner is
satisfied that the mineral-bearing qualities and quantities of the land in
the area applied for are such as to justify the grant of a mining lease:
(Amended, 33 of 1960, s. 12)

Provided that

(a)the person, if any, who is carrying on or has carried on under
licence adequate prospecting or mining operations on tha area
shall be preferred; and

(b)if a person having a prior claim to a mining lease is unable to
obtain the same on the ground that he does





thereof-

not command sufficient working capital to ensure the proper
development and working of the area applied for, the person
who obtains a mining lease in respect of the area, if he has not
himself adequately prospected or mined the same under
licence. shall compensate such other person in such an
amount as shall be determined by the Land Officer.

(2) Any amount so determined may be recovered by the person
entitled thereto by civil action, and in such action a certificate under the
hand of the Land Officer specifying the amount of compensation so
determined shall, without further proof. be received as conclusive
evidence of the amount thereof.

(3) A mining lease shall specify the area and the minerals in respect
of which it is granted, and shall be subject to such rentals, fees,
royalties, premiums and other payments as may be prescribed, and shall
contain such covenants and conditions and shall be in such form, as the
Land Officer may determine.

23. (1) An applicant for a mining lease shall satisfy the Land Officer
that he commands sufficient working capital to ensure the proper
development and working of the area applied for, and the Land Officer
may require the applicant to furnish a guarantee of a bank or person
approved by the Land Officer, for such amount and in such form as he
may determine.

(2) In the event of the applicant failing to satisfy him as aforesaid
or. when so required. to furnish a guarantee to the satisfaction of the
Land Officer, the Land Officer may refuse the application. but the
applicant may make a fresh application at any time.

24. (1) A mining lease may be granted for such term not being more
than twenty-one years as the Land Officer may determine. (Amended, 33
of 1960. s. 13)

(2) If. during the term originally granted or any renewal

(a)the lessee has carried on work in a normal and businesslike
manner;

(b)the lessee has in all respects performed and observed all the
terms and conditions of the lease; and

(c)the lessee has given to the Land Officer not less than six
months' prior notice in writing of his desire to obtain renewal
of the lease,

the lessee may be granted, on payment of the prescribed fee and subject
to the provisions of this section, a renewal of the lease for such term as
may be approved by the Land Officer, not exceeding twenty-one years,
upon the conditions and subject to such rentals,





fees, royalties, premiums and other payments as are then applicable to
new leases and subject to such covenants and conditions as the Land
Officer may determine.

(3) The Governor in Council may authorize the grant or renewal of a
mining lease for a term of more than twenty-one years. (Added, 33 of
1960, s. 13)

25. A mining licence or mining lease shall be deemed to confer on
the holder or lessee the following rights--

(a)to carry out mining operations below the surface of the area in
respect of which the licence or lease is granted.,

(b)to enter upon. use and carry out mining operations on the
surface of any Crown land within the said area; and

not-

(c)with the prior consent in writing of the owner and any lawful
occupier of any private land within the said area, to enter
upon. use and carry out mining operations on the surface
thereof.

26. The lessee of a mining lease shall not assign, mortgage, charge.
underlet or otherwise alienate or dispose of any of his rights under the
lease, or enter into any agreement so to do, without the prior consent in
writing of the Land Officer.

27. (1) The holder of a mining licence or mining lease shall

(a)divert the waters of any river. steam. spring, reservoir, filter-
bed. well or watercourse, without the prior consent in writing
of the Commissioner; or (Amended, 33 of 1960, s. 26)

(b)pollute, or permit to become polluted, any water, or in any
way render such water unfit for the purpose for which it is
being used.

(2) Any holder of a mining licence or mining lease who contravenes
any of the provisions of subsection (1) may, without prejudice to any
other remedy therefor, be required by the Commissioner to take such
action as may be directed to prevent a continuance or recurrence of
such contravention and within such time as may be specified.
(Amended, 33 of 1960, s. 26)

28. Every person who uses water in connexion with mining
operations, whether for the generation of power or for the removal of
mineral substances or for concentrating, milling or otherwise, shall make
such provision as will ensure that all water so used shall not contain
any injurious substance in quantities likely to prove detrimental to
human, animal or vegetable life when it leaves the mining area in which it
has been so used.








29. If at any time it is shown to the satisfaction of the
Commissioner that a mine is in such condition as to render mining
dangerous to the safety or health of persons employed in or about such
mine, the Commissioner may order either that such mine be closed, and
a notice to that effect be published in the Gazette, or that such works be
executed as will enable mining to be carried out with due regard to the
safety or health of persons employed in or about such mine.

30. The acceptance by or on behalf of the Crown of any rent shall
not operate as a waiver by the Crown of any right of re-entry accruing
or of any forfeiture incurred by reason of the breach of any of the
provisions of this Ordinance or the regulations or of any covenant or
condition, express or implied, in any lease granted under this Ordinance.

31. (1) Subject to the provisions of subsections (2), (3), (4) and (5),
the Land Officer may, by notice in writing, revoke any mining lease in
any of the following cases. that is to say(Amended, 33 of 1960, s. 14)

(a)if the lessee or any attorney, partner, agent or servant of such
lessee is convicted of any offence against this Ordinance or
the regulations made thereunder; (Replaced, 33 of 1960, s.
14)

(b)if the lessee commits any breach of the provisions of this
Ordinance. or of the regulations made thereunder, or of the
terms or conditions whether express or implied of his lease,
not amounting to an offence against this Ordinance or the
regulations made thereunder, and, on being given an
opportunity to show cause as required by subsection (2). fails
to show cause within a reasonable time or shows cause which
is in the opinion of the Commissioner inadequate; (Replaced,
33 of 1960, s. 14)

(c) if. without the consent in writing of the Commissioner,

the lessee wholly or substantially discontinues mining
operations during a continuous period of six months; or
(Amended, 33 of 1960, s. 14)

(d)if the lease has been granted in error. whether such error
relates to the area or to the boundaries or to any other matter
whatsoever.

(Amended, 33 of 1960, s. 14)

(2) The lessee or his attorney shall be given an opportunity to
show cause why the lease should not be revoked.

(3) Before a lease is revoked under the provisions of sub-

section (1), the Land Officer shall give notice in writing of his intention
to the lessee or his attorney. specifying the reasons for the proposed
revocation, and the lessee or his attorney may, within one month after
receipt of such notice. appeal by way of petition to the Governor in
Council against the proposed revocation.





(4) A petition to the Governor in Council under the provi-
sions of subsection (3) shall be lodged with the Clerk of Councils.

(5) On consideration of the petition, the Governor in Coun-
cil may make such order as he thinks proper and such order shall
be final.

PART V.

COMPENSATION.

32. (1) For the purpose of hearing appeals under section 33,
a Mining Compensation Board (hereinafter referred to as the
Board) shall be established, and shall consist of a Chairman and
two other members appointed by the Governor.

(2) The members of the Board shall retain their membership
during the Governor's pleasure and, subject thereto, for such
period as may be specified in their instruments of appointment.

(3) The procedure of the Board on the hearing of an appeal
shall. subject to any regulations made in that behalf under section
67, be of an informal character, but shall be such as to allow
each of the parties an adequate opportunity to present his case.

(4) The Governor shall appoint a Secretary to the Board,
and may determine his remuneration, if any.

33. (1) Reasonable compensation for-

(a)the use of the surface of any private land within the area
of a prospecting or mining licence or of a mining lease
and any disturbance of the surface rights in such land;
and

(b)any damage to any land wherever situate or to anything
built, planted, grown or standing thereon caused by pros-
pecting or mining operations,

shall be paid by the person prospecting or mining to the owner
of the land and any lawful occupier thereof. (Replaced, 33 of
1960, s. 15)

(2) Any dispute as to whether any compensation is payable
under subsection (1), or as to the amount of any compensation so
payable, may, in default of agreement, be referred to, and deter-
mined by, the Commissioner, who shall notify the parties of his
decision.

(3) If any of the parties is dissatisfied with the decision of
the Commissioner, such party may, within fifteen days of such
notification, appeal to the Board, whose decision thereon shall be
final and conclusive and shall be notified to the parties.





(4) Notice in writing of intention to appeal from a decision of the
Commissioner shall be given by the person wishing to appeal to the
Secretary to the Board and to any other person interested in the subject
matter of the appeal.

(5) The amount of compensation awarded by the Commissioner or,
in the event of an appeal, by the Board shall be paid to the Treasury for
the account of the person entitled thereto, within fifteen days of the
date on which the amount is notified to the person liable to pay such
compensation.

(6) If the amount so awarded is not paid within the time specified in
subsection (5), such amount may be recovered by the person entitled
thereto by civil action.

(7). In any proceedings in court under subsection (6), a certificate
under the hand of the Commissioner or of the Secretary to the Board, as
the case may be, specifying the amount of compensation awarded shall,
without further proof, be received as conclusive evidence of the amount
of compensation payable.

(8) Upon the determination of an appeal under this section, the
Board may direct that the unsuccessful party pay to the successful
party the expenses reasonably incurred by the successful party in
connexion with the appeal, or such portion thereof as the Board may
think reasonable having regard to all the circumstances (including the
conduct of the appeal, the issues raised thereon and the determination
of those issues), and in default of agreement between the parties as to
the amount of such expenses, the Board shall determine the same.

(9) Any expenses which the Board direct to be paid under
subsection (8) may be recovered by the person entitled thereto by civil
action, and the provisions of subsection (7) shall apply as if the
reference therein to compensation were a reference to expenses.

(10) Nothing in this section shall prevent an owner or occupier of
private land from pursuing any other remedies he may have by law.

PART VI.

POSSESSION AND PURCHASE OF SPECIFIED MINERALS.

(Amended, 33 of 1960, s. 17)

34. For the purposes of this Part, the term 'specified minerals'
means any minerals, in their unmanufactured state, to which the
Governor may. by order, apply this Part

(Replaced, 33 of 1960, s. 18)

35. No person shall possess any specified minerals unless he is the
lessee of a mining lease or the holder of a prospecting or mining licence,
or the holder of a licence granted under section 37





or is the duly authorized employee of such a lessee or holder.
(Amended, 33 of 1960, s. 19)

36. No person shall purchase any specified minerals unless he
is the holder of a licence granted under section 37.
(Amended, 33 of 1960, s. 19)

37. (1) The Commissioner may, on payment of the pre-
scribed fee, issue an Authorized Buyer's Licence in the prescribed
form authorizing the person named therein to purchase specified
minerals, and may attach to the licence such conditions as he may
think fit. (Amended, 33 of 1960, ss. 19 and 26)

(2) Every such licence shall continue in force for one year
from the date thereof, unless previously cancelled, and shall not
be transferable.

38. No person shall sell any specified minerals to a purchaser
within the Colony, unless he has first satisfied himself that the
purchaser is the holder of an Authorized Buyer's Licence authoriz-
ing him to purchase such specified minerals.
(Amended, 33 of 1960, s. 19)

39. The holder of an Authorized Buyer's Licence shall not
purchase any specified minerals unless he has first satisfied himself
that the vendor is authorized to be in possession of such specified
minerals and to dispose of the same.
(Amended, 33 of 1960, s. 19)

40. The holder of an Authorized Buyer's Licence shall-

(a) keep proper books showing-
(i) all purchases made by him and the nature and
weight of the specified minerals purchased;
(ii) the date of each purchase,
(iii) the name of the seller and his title or authority to
be in possession and to dispose of the specified minerals;
(iv) details of disposal of the specified minerals after
purchase by him; and (Amended, 33 of 1960, s. 19)

(b)produce such books for the inspection of any mines or
police officer or member of the Preventive Service estab-
lished by the Preventive Service Ordinance whenever
required to do so.

41. (1) In the event of any contravention by the holder of
an Authorized Buyer's Licence of any of the provisions of section
39 or 40 or of any of the conditions of his licence, the Com-
missioner may cancel the licence and such cancellation shall be
in addition to any other penalty. (Amended, 33 of 1960, s. 26)





(2) An appeal shall lie by way of petition to the Governor
in Council from any cancellation imposed by virtue of subsection
(1), and such petition shall be lodged with the Clerk of Councils
within one month after such cancellation.

(3) On consideration of the petition, the Governor in Coun-
cil may make such order as he thinks proper and such order shall
be final.

PART VII.

APPOINTMENT AND FUNCTIONS OF MINES OFFICERS.

42. The Governor may. from time to time, appoint a Com-
missioner of Mines, a Deputy Commissioner of Mines. a Superin-
tendent of Mines. Mining Engineers, Mines Inspectors and such
other officers as he may consider necessary for carrying out the
purposes of this Ordinance.

43. In addition to any other functions prescribed by this
Ordinance, the Superintendent shall-

(a)subject to the control and directions of the Commissioner,
exercise general supervision over all mining and pros-
pecting operations;

(b)prepare and render such records, reports and returns as
may be prescribed by the regulations or as may be
required by the Commissioner or the Governor; and

(c)take into his custody any minerals declared by any court
to be forfeited to the Crown, and dispose of such
minerals by sale, and after such sale. pay the proceeds
to the Treasury.

44. Any mines officer may-

(a)by notice in writing, require the holder of a prospecting
or mining licence or the lessee under a mining lease or
any person employed by such holder or lessee to appear
before him at any reasonable time and place and give
such information regarding prospecting or mining opera-
tions in or about the area the subject of the prospecting
or mining licence or mining lease as he may possess, and
every such holder or lessee or person shall comply with
such notice and give such information;

(b)by order in writing, suspend work in the area, or any
part thereof, the subject of any prospecting or mining
licence or mining lease, until such arrangements have
been made as are, in his opinion, necessary to prevent
danger to life or property;

(c) cancel or vary the terms of any such notice or order; and





(d)exercise all the powers conferred upon labour inspectors by
the Factories and Industrial Undertakings Ordinance in so far
as they are applicable to prospecting or mining operations.
(Replaced, 34 of 1955, s. 15)

45. A mines officer may-

(a)enter upon any land on which prospecting or mining is being
carried out or in respect of which a prospecting or

. . licence or a mining lease exists, and inspect such land
and any works thereon;

(b), inspect and take copies of any registers. books, documents
and plans connected with such prospecting or mining;

(c)take samples, make surveys and do any other act or thing
necessary for the purpose of discharging his functions under
this Ordinance or the regulations.

46. The Commissioner may, by writing under his hand, authorize
any public officer to discharge all or any of the functions of a mines
officer under this Ordinance and the regulations, and where the
authority is not general, it shall specify the functions which the public
officer may discharge.

PART VIII.

INQUIRIES WO ACCIDENTS, ETC.

47. (1) If in any mine, or in connexion with mining or prospecting
operations. any accident causing loss of life occurs, the lessee or the
holder of the licence shall within twenty-four hours of its occurrence
report the accident to a mines officer and to the nearest police station.

(2) Any other accident occurring within the area of the lease or
licence and resulting in disablement of any employee of the lessee or
the holder of the licence so as to cause him to be incapable of
performing his ordinary work for one day or more shall be reported to a
mines officer by the lessee or the holder of the licence within forty-eight
hours of its occurrence.

(3) If. in any mine, or in connexion with mining or prospecting
operations. any dangerous occurrence, as specified in the regulations
made under the Ordinance, takes place, whether any personal injury has
been caused or not, the lessee or the holder of the licence shall within
twenty-four hours report such occurrence to a mines officer, and in the
case of such an occurrence in the New Territories to the appropriate
District Officer.

(4) If any accident causing disablement is reported under
subsection (2) and the person disabled subsequently dies as a result of
the accident, notice in writing of the death shall be given- within





twenty-four hours thereof to a mines officer and to the police station
nearest to the place where the accident occurred.

(5) Every report made under subsection (1) or (2) shall state the
names of every person suffering death or disablement, the nature and
extent of the injuries to every such person, and the circumstances in
which the accident occurred, and may be made by telephone, orally or in
writing.

(6) Every report made under subsection (3) shall be in writing. and
in addition to any report required under subsection (1) or (2). and shall
include particulars of the time of the occurrence of the accident, any
damage to the building in which the accident occurred or to the
machinery or plant therein. and the circumstances in which the accident
occurred.

(Replaced, 33 of 1960, s. 20)

48. If after receiving a report of the happening of an accident or of
any dangerous occurrence and after such investigation, if any, as he
may think necessary, the Commissioner is of the opinion that an inquiry
into the cause of the accident or dangerous occurrence should be held,
he shall instruct the Superintendent to hold such inquiry.

49. (1) If, upon the holding of any inquiry by the Superintendent.
the proceedings are frustrated or delayed owing to the unwillingness of
any witness to attend before the Superintendent or to produce books or
records or to answer any question. or if such frustration or delay is
brought about by any other cause. the Superintendent shall remit the
inquiry to the Commissioner, who for the purposes of making further
inquiry shall have all the powers of a magistrate to summon witnesses.
to call for the production of books and documents and examine
witnesses and parties concemed on oath.

(2) Any person summoned to attend before the Commissioner or to
produce books or documents as aforesaid who fails to do so. or who
refuses to answer any question put to him by or with the concurrence of
the Commissioner, shall be guilty of an offence and shall be liable to a
fine of one thousand dollars:

Provided that no person shall be bound to incriminate himself, and
every witness shall, in respect of any evidence given by him at such
inquiry. be entitled to the same privileges as those to which he would
have been entitled if giving evidence before a court.

50. Any inquiry held by virtue of the provisions of this Part
shall not derogate in any way from the powers or jurisdiction
exercisable by magistsrates under the Magistrates (Coroners
Powers) Ordinance.





PART IX

OFFENCES AND
PENALTIES.

51. Any person who-

(a)prospects. save under the authority of. and in accordance
with the terms and conditions of, a valid prospecting licence;

(b)mines, save under the authority of, and in accordance with the
terms and conditions of, a valid mining licence or mining
lease;

(c)prospects or mines on any of the lands mentioned in section
9 without the requisite authority;

(d)prospects or mines in contravention of a declaration by the
Governor under section 11. or (Amended, 33 of 1960, s. 21)

(e)fails to comply with any order of the Commissioner under
section 29,

shall be guilty of an offence and shall be liable to a fine of five thousand
dollars and to imprisonment for two years.

52. Any person who contravenes the provisions of section 8, 15, 27
or 28 shall be guilty of an offence and shall be liable to a fine of two
thousand dollars and to imprisonment for twelve months.

53. Any person who contravenes the provisions of section 35. 36,
38, 39 or 40 shall be guilty of an offence and shall be liable to a fine of
four thousand dollars and to imprisonment for twelve months.

54. (1) Any person who falsely represents that he has obtained the
grant of a prospecting or mining licence or mining 9 lease, and thereby
induces or attempts to induce any person to invest capital in connexion
therewith before he has obtained the grant of such prospecting or
mining licence or mining lease, shall be liable to forfeit any claim to the
grant of such prospecting or mining licence or mining lease.

(2) Nothing in this section shall relieve any person from liability to
civil action or criminal prosecution in respect of the said representation.

55. Any person who-

(a)wilfully or recklessly gives false information, or who
withholds information. as to any of the matters in respect of
which information is required to be given under this
Ordinance or the regulations made thereunder; or

(b) contravenes the. provisions of subsection (8) of section 66,





shall be guilty of an offence and shall be liable to a fine of one thousand
dollars and to imprisonment for six months.

(Replaced, 33 of 1960, s. 22)

56. Any person who-

(a)interferes with any mining or prospecting operations
authorized by or under this Ordinance;

(b)obstructs any person in the exercise of any right conferred by
or under this Ordinance;

(c)interferes with any machinery, plant, works or property
established on, in. under or over any land in exercise of a right
conferred by or under this Ordinance,

shall be guilty of an offence and shall be liable to a fine of two thousand
dollars and to imprisonment for twelve months.

57. Any person who places or deposits. or is an accessory to the
placing or depositing of, any metal, ore or mineral in any place with
intent to mislead any person as to the nature, quality or quantity of the
mineral naturally occurring at such place, or who mingles or causes to be
mingled with any sample of metal. mineral or ore, any valuable metal or
any substance whatsoever which will increase or decrease the value or
in any way change the nature of the said metal, mineral or ore. with
intent to defraud any person. shall be guilty of a misdemeanour and shall
be liable to a fine of ten thousand dollars and to imprisonment for five
years.

58. Whenever it is proved to the satisfaction of any court having
jurisdiction that an offence against this Ordinance or the regulations has
been committed by any employee of the holder of any licence or lease
granted under this Ordinance, the employer shall be held to be liable for
such offence and to the penalty provided therefor. unless he proves to
the satisfaction of such court that the offence was committed without
his knowledge or consent and that he had exercised all due diligence to
prevent the commission of the offence

Provided that nothing in this section shall be deemed to exempt the
employee from the penalties provided for the offence committed by him.

59. (1) It shall be lawful for a magistrate to order to be forfeited to
the Crown any minerals with respect to which any offence against
section 35. 36. 38, 39 or 51 has been committed, whether any person has
been convicted of such offence or not. and upon the making of such
order for forfeiture the said minerals shall be deemed to be the property
of the Crown free from all

rights of any person. (Amended, 33 of 1960. s. 23)





(2) Before making any such order. the magistrate shall give to any
person claiming or appearing to the magistrate to be the owner of or
otherwise interested in such minerals an opportunity of being heard.

(3) It shall be lawful for the Governor in his absolute discretion to
give effect to any claim for relief from such forfeiture where such claim is
established to his satisfaction on equitable. moral or other grounds.

PART X.

MISCELLANEOUS PROVISIONS.

60. Save as is otherwise expressly provided. any notice or other
document required or authorized to be served under this Ordinance or
the regulations may be served either

(a)by delivering it to the person on whom it is to be served; or

(b)by leaving it at the usual or last known place of abode or
business of that person; or

(c)by sending it in a prepaid registered letter addressed to that
person at his usual or last known place of abode or business.
or

(d)in the case of an incorporated company. by delivering it to the
secretary of the company at its registered or principal office or
sending it in a prepaid registered letter addressed to the
secretary of the company at that office.

61. The grant of any licence or lease under this Ordinance shall not
limit the power of the Governor to take from the land the subject of the
licence or lease any materials required for the construction of railways.
roads, buildings or other public works, and such other materials as are
not included in the licence or lease, but so that such taking shall not
interfere with or hinder any mining operations carried on under such
licence or lease.

62. No person while in the service of the Crown shall, directly or
indirectly, acquire or hold for his own benefit any right or interest under
any prospecting or mining licence or mining lease, and any licence or
lease or other document or transaction purporting to confer any such
right or interest on any such person shall be null and void.

63. Notwithstanding the provisions of any other enactment, any
mines officer authorized in writing by the Commissioner, either generally
or in any particular case. may conduct the prosecution of any offence
against this Ordinance or the regulations.





64. The lateral limits of the area in respect of which a prospecting
or mining licence or mining lease is granted, shall be vertical planes
passing through the surface boundaries of such area.

65. (1) Whenever the Governor in Council decides that the
resumption of any Crown land within the area of a mining lease is
required for a public purpose, the Governor may call upon the lessee
thereof to surrender his rights and interests in such land under his lease,
and the lessee shall, within two months after the date upon which such
decision is communicated to him, execute an instrument of surrender
thereof in such form as may be approved by the Land Officer.

(2) In this section, the expression 'resumption for a public purpose'
has the meaning ascribed to that expression by section 2 of the Crown
Lands Resumption Ordinance. but otherwise the provisions of that
Ordinance shall have no application to a resumption under the
provisions of subsection (1).

(3) If the lessee fails to execute an instrument of surrender within
due time as provided in subsection (1), the Governor may revoke the
mining lease, and thereupon the lease and the rights of the parties
thereunder shall absolutely determine but without prejudice to the rights
and remedies of the parties in respect of any antecedent breach, non-
observance or non-performance of the provisions thereof.

(4) Compensation shall be paid by the Government to the lessee for
disturbance. and also for the loss of reasonable expecta. tion of profits
from proved minerals in, under or upon any land resumed under this
section.

(5) Any dispute as to what are proved minerals in. under or upon
any land resumed as aforesaid, and any dispute as to whether any
compensation is payable or as to the amount of such compensation.
shall. in default of agreement. be determined by arbitration in
accordance with the provisions of the Arbitration Ordinance.

66. (1) In the case of a mining lease, the Land Officer, and. in the
case of a prospecting or mining licence, the Commissioner, may

(a) as a condition precedent to the grant or renewal thereof.. or

(b) at any time during the currency thereof,

require the person to whom the lease or licence is to be granted or
whose lease or licence is to be renewed or the lessee or licensee as the
case may be. to give, within such reasonable period as he may specify,
security for any one or more or all of the following





(i)any sum which may become payable under section 33 by way
of compensation;

(ii)any sum which may become payable to the Crown by way of
royalties, rental or fees.,

damages or otherwise in respect of any contravention of any
term, covenant or condition of the lease or licence or which
may become payable to the Crown under such terms,
covenants or conditions or under any regulations made under
this Ordinance or otherwise.

(2) Where security has been given in accordance with the
provisions of subsection (1), the Land Officer, in the case of a mining
lease. and the Commissioner, in the case of a prospecting or mining
licence, may, so long as the lease or licence is in force, require the
lessee or licensee to give. within such period as he may specify,
additional security for any one or more or all of the matters set out in
subsection (1).

(3) Such security or additional security shall be of such amount as
the Land Officer or the Commissioner, as the case may be. shall
determine and may be given by way of the deposit of cash with the
Accountant General or the guarantee of such bank or other person as
may be approved, for the time being. by the Accountant General.

(4) Where security (which expression shall include, where
applicable, additional security) has been given in accordance with the
provisions of this section. and, at any time, the same has become
reduced or been extinguished by reason of any payment therefrom or
for any other reason, the lessee or licensee, as the case may be, shall, so
long as the lease or licence is in force and upon being required so to do
by the Land Officer or the Commissioner. as the case may be. give such
further security, in the manner specified in subsection (3), as may be
necessary to restore

Such security to an amount not less than the amount of the same
immediately prior to such reduction or extinguishment.

(5) Without prejudice to any other provisions of this Ordinance,
where any lessee or licensee fails to comply with

(a)any requirement of the Land Officer or the Commissioner
made. under subsection (1), during the currency of any lease
or licence;

(b)any requirement of the Land Officer or the Commissioner
made under subsection (2); or

(c) the provisions of subsection (4),

the Land Officer or the Commissioner, as the case may be. may
forthwith determine the lease or licence by notice in writing to the
lessee or licensee, and thereupon the lease or licence shall be





deemed to have been determined in the same manner as if it had been
determined in consequence of a breach of a term, covenant or condition
thereof.

(6)(a) Where the amount of any compensation payable under
section 33 has been finally determined and the same has not
been paid within fifteen days of such determination, it shall be
lawful for the Accountant General to pay the same to the
person entitled thereto out of any cash deposited under the
provisions of this section, so far as the same will allow.

(b)For the purposes of paragraph (a). the amount of any
compensation shall be deemed to have been finally
determined

(i) when the same has been agreed; or

(H) where the same has been determined by the
Commissioner under subsection (2) of section 33, if, within the
time limited therefor by subsection (3) of that section, neither
party has appealed to the Board; or

(iii) in the event of an appeal under the said subsection (3)
when the same has been determined by the Board.

for-

(7) Upon the expiry or determination of the lease or licence. the
Accountant General shall, when he is satisfied that no. or no further,
sums, being sums in respect of which the security (which expression
shall include, where applicable. additional security) was given. remain
unpaid. return or release such security. or the balance thereof, if any. as
the case may be, to the person by whom the same was given.

(8) Where. under subsections (1) and (2), respectively. the Land
Officer or the Commissioner has required security or additional security
to be given for any sum which may become payable to the Crown by
way of royalties, no ore or mineral shall be disposed of or removed from
the mining area until such security has been given in accordance with
the provisions of this section.

(Added, 33 of 1960, s. 24)

67. (1) The Governor in Council may by regulation provide

(a)an matters which by this Ordinance are required or permitted
to be prescribed;

(b)the manner in which application for prospecting licences,
mining licences and mining leases shall be made, and the
forms to be used;

(c)the rentals~ fees. premiums and other payments to be paid for
prospecting licences, mining licences and mining

leases;





(d)the rates of royalties to be paid to the Government, the method
of calculation of the amount of such royalties and the manner
and time of payment thereof;

(e)the extent of the areas in respect prospecting licences, mining
licences and mining leases may be granted;

(f)the manner in which areas and boundaries shall be surveyed
and marked, and the fees payable in respect of such survey;

(g)the imposition of obligations upon holders of prospecting and
mining licences and upon lessees of mining leases; (Replaced,
33 of 1960, s. 25)

(h) the construction and use of roads, tramways and railways;

(i)the making of pits and shafts, and the construction and
erection of houses, machinery and other works to be used for
mining purposes;

(1)the fencing off or rendering secure of any shaft, tunnel, well,
trench, drive or other works constructed or made for
prospecting or mining purposes;

(k) the grazing of animals;

the cutting down and use of timber for the purpose of
carrying out prospecting or i i g.,

(m) the returns to be rendered and the accounts, registers. books
and plans to be kept by the holders of prospecting licences,
mining licences and mining leases;

(n)the disposal of any poisonous or noxious products resulting
from prospecting or mining ;

(o)the disposal of sludge and tailings and the declaring of
watercourses to be sludge channels;

(p)the safety, welfare, health and housing conditions of persons
employed in mining operations and the carrying on of
prospecting or mining operations in a safe, sanitary, proper,
economic and effectual manner;

(q)the fees to be paid in respect of any matter or thing done under
this Ordinance;

(r) the procedure on appeal under Part V to the Board;

(s)the imposition of a penalty not exceeding a fine of one
thousand dollars and six months' imprisonment for a
contravention of any regulation; and

(t) the better carrying out of the provisions of this Ordinance.

(Amended, 33 of 1960, s. 25)





(2) Any regulations made under subsection (1) shall be in addition
to and not in derogation of the provisions of

(a) the Dangerous Goods Ordinance;

(b) the Boilers and Pressure Receivers Ordinance;

(c) the Factories and Industrial Undertakings Ordinance;

(Replaced, 34 of 1955, s. 15)

(d) the New Territories Ordinance;

(e) the Buildings Ordinance.

and of the provisions of any regulations made thereunder; but if there is
any conflict between any regulations made under subsection (1) and
any such provisions as aforesaid. the regulations made under
subsection (1) shall prevail.

68. Nothing in this Ordinance shall exempt any person from

compliance with the provisions of the Radio-Active Minerals
Ordinance.
Originally 33 of 1954. 34 of 1955. 65 of 1955. 33 of 1960. G.N.A. 123/54. Short title. Interpretation. Property in and control of minerals declared to be vested in the Crown. Prospecting and mining restricted. Ordinance not to apply to mineral oils. Saving of sacred areas, trees and other objects of veneration. Holder of mining title not resident in Hong Kong to appoint attorney resident in Hong Kong. Plans of prospecting and mining operations. Lands excluded from prospecting and mining. Royalties. Governor may close areas to prospecting or mining. Compensation where action is taken under section 11. (Cap. 341.) Prospecting licences. Rights of the holder. Duties of the holder. Ownership and disposal of minerals. Further prospecting licences for same area. Cancellation of prospecting licence. Mining. Mining licences. Cancellation of mining licence. Mining leases. Requirements as to capital. Duration and renewal of mining lease. Rights under a mining licence or mining lease. Assignment, etc. of mining rights. Diversion or pollution of waters prohibited. Purification of water. Power of Commissioner to close mine. Acceptance of rent not to operate as a waiver of right of re-entry or forfeiture. Power of Land Officer to revoke a mining lease. Mining Compensation Board. Compensation for disturbance of surface rights, etc. Meaning of specified minerals for purposes of this Part. Possession of specified minerals. Purchase of specified minerals. Licence to purchase specified minerals. Duty of seller of specified minerals to satisfy himself that purchaser is licensed to buy. Holder of licence to satisfy himself that the seller is authorized to possess and dispose of specified minerals. Duty of licensee. (Cap. 342.) Cancellation of Authorized Buyer's Licence. Appointment of mines officers. Functions of the Superintendent of Mines. Powers of mines officers. (Cap. 59.) Power to enter upon land and inspect, etc. Public officers may be authorized to discharge functions of mines officer. Accidents to be reported. Commissioner of Mines to decide if inquiry by Superintendent shall be held in certain cases. Procedure if inquiry conducted by Commissioner. Saving. (Cap. 14.) Unlawful prospecting and mining. Penalty for contraventions of section 8, 15, 27 or 28. Offences and penalties in relation to possession and purchase of minerals. Fraud by applicant for prospecting licence or mining licence. Wilfully or recklessly giving false information or withholding information, and contravention of section 66(8). Interfering with mining, prospecting or the exercise of any right conferred by this Ordinance. Salting. Liability of employer for offences committed by his employees. Forfeiture. Service of documents. Right of the Governor to take materials. Crown servants prohibited from acquiring rights. Officers empowered to conduct prosecutions. Lateral limits. Resumption of land required for public purposes. (Cap. 124.) (Cap. 341.) Power of Land Officer and Commissioner to require giving of security, and provisions in connexion therewith. Power of Governor in Council to make regulations. (Cap. 295.) (Cap. 56.) (Cap. 59.) (Cap. 97.) (Cap. 123.) Saving. (Cap. 145.)

Originally 33 of 1954. 34 of 1955. 65 of 1955. 33 of 1960. G.N.A. 123/54. Short title. Interpretation. Property in and control of minerals declared to be vested in the Crown. Prospecting and mining restricted. Ordinance not to apply to mineral oils. Saving of sacred areas, trees and other objects of veneration. Holder of mining title not resident in Hong Kong to appoint attorney resident in Hong Kong. Plans of prospecting and mining operations. Lands excluded from prospecting and mining. Royalties. Governor may close areas to prospecting or mining. Compensation where action is taken under section 11. (Cap. 341.) Prospecting licences. Rights of the holder. Duties of the holder. Ownership and disposal of minerals. Further prospecting licences for same area. Cancellation of prospecting licence. Mining. Mining licences. Cancellation of mining licence. Mining leases. Requirements as to capital. Duration and renewal of mining lease. Rights under a mining licence or mining lease. Assignment, etc. of mining rights. Diversion or pollution of waters prohibited. Purification of water. Power of Commissioner to close mine. Acceptance of rent not to operate as a waiver of right of re-entry or forfeiture. Power of Land Officer to revoke a mining lease. Mining Compensation Board. Compensation for disturbance of surface rights, etc. Meaning of specified minerals for purposes of this Part. Possession of specified minerals. Purchase of specified minerals. Licence to purchase specified minerals. Duty of seller of specified minerals to satisfy himself that purchaser is licensed to buy. Holder of licence to satisfy himself that the seller is authorized to possess and dispose of specified minerals. Duty of licensee. (Cap. 342.) Cancellation of Authorized Buyer's Licence. Appointment of mines officers. Functions of the Superintendent of Mines. Powers of mines officers. (Cap. 59.) Power to enter upon land and inspect, etc. Public officers may be authorized to discharge functions of mines officer. Accidents to be reported. Commissioner of Mines to decide if inquiry by Superintendent shall be held in certain cases. Procedure if inquiry conducted by Commissioner. Saving. (Cap. 14.) Unlawful prospecting and mining. Penalty for contraventions of section 8, 15, 27 or 28. Offences and penalties in relation to possession and purchase of minerals. Fraud by applicant for prospecting licence or mining licence. Wilfully or recklessly giving false information or withholding information, and contravention of section 66(8). Interfering with mining, prospecting or the exercise of any right conferred by this Ordinance. Salting. Liability of employer for offences committed by his employees. Forfeiture. Service of documents. Right of the Governor to take materials. Crown servants prohibited from acquiring rights. Officers empowered to conduct prosecutions. Lateral limits. Resumption of land required for public purposes. (Cap. 124.) (Cap. 341.) Power of Land Officer and Commissioner to require giving of security, and provisions in connexion therewith. Power of Governor in Council to make regulations. (Cap. 295.) (Cap. 56.) (Cap. 59.) (Cap. 97.) (Cap. 123.) Saving. (Cap. 145.)

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