Land (Miscellaneous Provisions) Ordinance

(1)
If—
(a)
a structure is being or has been erected or placed on leased land, or on
                    land occupied under a licence, or on any building on such land, in breach of a
                    Government lease or licence; or
(Amended
29 of 1998 s. 14
)
(b)
a structure on leased land or land occupied under a licence, being a
                    structure which by virtue of a covenant, condition or stipulation in a
                    Government lease or licence can be used only for agricultural
purposes—
(Amended
29 of 1998 s. 14
)
(i)
is being used for any other purpose in breach of that covenant,
                        condition or stipulation; and
(ii)
the use for that other purpose is not authorized by any permission
                        granted, or does not appear in any survey or record made, by the Authority
                        before the
                        date*
                        on which the Crown Land (Amendment) Ordinance 1979 (
56 of 1979
) came into operation,
the Authority may, by notice in writing served on the lessee or licensee,
                require
him—
(i)
in a case to which paragraph (a) applies, to demolish the
                    structure;
(ii)
in a case to which paragraph (b) applies, to discontinue such use and, if
                    the Authority thinks it appropriate, to restore the structure so that it may be
                    used for agricultural purposes,
before such date as may be specified in the notice.
(Replaced
56 of 1979 s. 5
)
(2)
If a lessee or licensee does not comply with a notice served on him under
                subsection (1), any public officer, or other person, acting on the direction of the
                Authority may, with the assistance of such other public officers or other persons as
                may be necessary, enter on the land
and—
(a)
in a case to which subsection
(1
)(
a)
applies, demolish the
                    structure;
(b)
in a case to which subsection
(1
)(
b)
applies, demolish the
                    structure or, if the Authority thinks fit, carry out such works as may be
                    necessary to restore the structure so that it may be used for agricultural
                        purposes.
(Amended
56 of 1979 s. 5
)
(3)
A lessee or licensee (for the purpose of complying with a notice under
                subsection (1)) and (for the purpose of subsection (2)) any authorized person
may—
(a)
remove from the structure any person or property therein; and
(b)
take possession of such property and of any property resulting from the
                    demolition of the structure.
(4)
Any property of which possession is taken under subsection
(3
)(
b)
by
                an authorized person shall become the property of the Government free from the
                rights of any person and, subject to subsection (5), may be dealt with as the
                Authority thinks fit.
(Amended
29 of 1998 s. 14
)
(5)
The Chief Executive may order
that—
(Amended
3 of 2000 s. 3
)
(a)
the whole or a part of any property which has become the property of the
                    Government under subsection (4); or
(Amended
29 of 1998 s. 14
)
(b)
the whole or a part of the value of any such property,
shall be delivered or paid to any person who appears to him to have a moral
                claim thereto.
(6)
The Authority may recover from the lessee or licensee any cost incurred in or
                arising out of the demolition of a structure under subsection (2) and of the
                exercise of the powers conferred by subsection (3).
(7)
A notice under subsection (1) may be served
by—
(a)
delivering it to the lessee or licensee;
(b)
posting it to him by registered post addressed to his last place of
                    business or residence known to the Authority; or
(c)
posting the notice in or on the land or structure to which the notice
                    relates.
(8)
The powers conferred by this section are in addition to and not in derogation
                from the powers conferred on the Government by the Government Rights (Re-entry and
                Vesting Remedies) Ordinance (
Cap. 126
).
(Added
56 of 1979 s. 5
. Amended
29 of 1998 s. 14
)