Land (Miscellaneous Provisions) Ordinance

(1)
Any person who intends to make and maintain an excavation in unleased land may apply to the Authority in writing to exempt the excavation from complying with all or any provision of this Part and shall set out the reasons for the application.
(2)
On receipt of an application made under subsection (1), the Authority may by notice in writing exempt the excavation referred to in the application from all or any provision of this Part if the Authority is of the opinion that the
excavation—
(a)
is minor;
(b)
will not involve or is unlikely to involve lateral support or substantial work in terms of the extent, duration and size of the excavation and the area that will be or is likely to be affected by the excavation;
(c)
will not cause or is unlikely to cause any inconvenience or danger to the public;
(d)
will not cause or is unlikely to cause any delay to traffic; and
(e)
will not pose or is unlikely to pose a danger to any underground apparatus or properties.