Land (Miscellaneous Provisions) Ordinance

(1)
Subject to this section, Part III binds the Government so far as it relates to
                an excavation in unleased land which is a street maintained by the Highways
                Department.
(2)
Part III does not have effect to permit proceedings to be taken against, or to
                impose any criminal liability on, the Government or a person doing anything in the
                course of carrying out his duties as a public officer in the service of the
                Government.
(3)
If the Authority considers that a public officer, in carrying out his duties in
                the service of the Government, has done an act or made an omission in contravention
                of Part III, the Authority
shall—
(a)
report the matter to the Secretary for Development; and
(b)
in the report, advise him, that the act or omission has, as the case may
be—
(i)
been terminated to the Authority’s satisfaction; or
(ii)
not been terminated to the Authority’s satisfaction.
(4)
On receiving a report under subsection (3) where paragraph
(b
)(
ii)
of that subsection is applicable, the Secretary for Development shall investigate
                the matter to which the report relates and ascertain if the public officer concerned
                is continuing to contravene Part III or has stopped the contravention.
(5)
If an investigation under subsection (4) shows that the public officer concerned
                is continuing to contravene Part III, the Secretary for Development shall ensure
                that the best practicable steps are taken
to—
(Amended
L.N. 130 of
                2007
)
(a)
stop the contravention; and
(b)
avoid the recurrence of any like contravention if he considers that the
                    public officer concerned or any other public officer, is likely to commit the
                    like contravention.
(6)
If—
(a)
either—
(i)
a report under subsection (3) is received where paragraph
(b
)(
i)
of that subsection is applicable; or
(ii)
an investigation under subsection (4) shows that the public officer
                        concerned has stopped the contravention; but
(b)
the Secretary for Development considers that the public officer concerned
                    or any other public officer, is likely to commit a like contravention,
then the Secretary for Development shall ensure that the best practicable
                steps are taken to avoid the recurrence of the like contravention.