Cap. 28activeordinance

Land (Miscellaneous Provisions) Ordinance

土地(雜項條文)條例

Full legislation

s.16B

Evidence by certificate

In any proceedings for an offence under this Ordinance, a certificate having
            attached thereto a map relating to any land in respect of which the offence is alleged
            to have been committed and purporting to be signed by an Estate Surveyor and certifying
that—
(a)
the land as shown on the map is unleased
                land; and
(Amended
E.R. 5 of 2020
)
(b)
(i)
no licence, deed or memorandum of appropriation has been granted
                    authorizing erection of a structure on the land; or
(ii)
no removal permit has been granted authorizing the extraction and removal
                    of earth, turf or stone from the land; or
(iii)
no excavation licence has been granted authorizing the making or
                    maintaining of any excavation in the land,
shall be admitted in evidence on its production without further proof
and—
(A)
until the contrary is proved it shall be presumed that the certificate was
                signed by an Estate Surveyor; and
(B)
the certificate and the map attached thereto shall be prima facie evidence of
                the facts contained therein.
(Added
46 of 1982 s. 4
)