Cap. 28activeordinance

Land (Miscellaneous Provisions) Ordinance

土地(雜項條文)條例

Full legislation

s.2

Interpretation

In this Ordinance, unless the context otherwise
requires—
authorized
                person
(
獲授權人
) means any public officer, or other person,
            acting on the direction of the Authority given under
section 6(2)
, (2A) or
            (4A) or
12(2)
and any public officer or other person assisting any such public officer or other
                person;
(Amended
56 of 1979 s. 2
;
E.R. 5 of 2020
)
contractor
(
承判商
), for an excavation or emergency
                excavation to which an excavation permit or emergency excavation permit relates,
means—
(a)
any person who enters into a contract, express or implied, with the
                    permittee of the permit to make or maintain all or any part of the excavation
                    for such permittee; or
(b)
any person who enters into a contract, express or implied, to make or
                    maintain all or any part of an excavation which the person referred to in
                    paragraph (a) has to make or maintain under the contract referred to in
                    paragraph (a);
(Added
17 of 2003 s. 2
)
emergency
                excavation
(
緊急挖掘
) means an excavation that is made or
            maintained consequential upon the occurrence of an emergency incident;
(Added
17 of 2003 s. 2
)
emergency
                excavation permit
(
緊急挖掘准許證
) means an
            emergency excavation permit issued under
section 10C
;
(Added
17 of 2003 s. 2
)
emergency
                    incident
(
緊急事故
) means an incident the occurrence of
                which reasonably requires an immediate excavation for the purpose
of—
(a)
the prevention of injury to any person;
(b)
the saving of life of any person;
(c)
the prevention of damage to any property; or
(d)
the prevention of serious interruption or disruption to any public
                    transport system or utility services;
(Added
17 of 2003 s. 2
)
excavation
(
挖掘
、
挖掘工作
)
            means an excavation of land;
(Added
17 of 2003 s. 2
)
excavation
                permit
(
挖掘准許證
) means an excavation permit issued under
section 10A
;
(Replaced
17 of 2003 s. 2
)
leased
                    land
(
已批租土地
) means land which
is—
(a)
held under a Government lease; or
(Amended
29 of 1998 s. 105
)
(b)
vested in a person by an Ordinance;
lessee
(
承租人
) means a person holding leased land;
licence
(
許可證
) means a licence issued under
section
                5
;
licensee
(
持證人
) means a person occupying land under a
            licence or under a licence or permit granted or issued under any other Ordinance;
licensing
                authority
(
發證當局
) means the Authority empowered by
section 5
to issue a licence;
nominated
                permittee
(
指定持准許證人
) means a person regarded as a nominated
            permittee under
section 10G
;
(Added
17 of 2003 s. 2
)
occupy
(
佔用
) includes use, inhabit, be in possession of,
            enjoy, erect or maintain a structure on or over, and place or maintain anything on,
            land;
permittee
(
持准許證人
) means the holder of an excavation permit
            or emergency excavation permit;
(Added
17 of 2003 s. 2
)
private
                street
(
私家街道
) means a street or part of a street on
            leased land;
Review
                Board
(
覆核委員會
) means the Review Board constituted under
section 10O
;
(Added
17 of 2003 s. 2
)
structure
(
構築物
) includes a stilt, platform, fence and any
            other thing erected on or over land;
unleased
                land
(
未批租土地
) means land which is not leased
            land;
urban
                area
(
市區
) means Hong Kong Island, Kowloon and New
            Kowloon.