Land (Miscellaneous Provisions) Ordinance

(1)
Subject to subsection (2A), if unleased land is occupied, otherwise than under a
                licence or a deed or memorandum of appropriation, the Authority may cause a notice,
                requiring the occupation of the land to cease before such date as may be specified
                in the notice, to be posted in one or more
places—
(Amended
56 of 1979 s. 3
)
(a)
on or near the land; or
(b)
on any property or structure on the land.
(2)
If the occupation of unleased land does not cease as required by a notice 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—
(a)
remove from the land the persons (if any) thereon; and
(b)
take possession of any property or structure on the land.
(2A)
Notwithstanding subsection (1),
where—
(a)
a structure is being erected on or over unleased land, otherwise than under
                    a licence or a deed or memorandum of appropriation; or
(b)
a structure has been erected on unleased land, otherwise than under a
                    licence or a deed or memorandum of appropriation, and the Authority is
                    reasonably satisfied that the structure is not being habitually and bona fide
                    used,
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, and without giving any
notice—
(i)
remove from the structure any person or property therein;
(ii)
demolish the structure; and
(iii)
take possession of such property and of any property resulting from the
                    demolition of the structure.
(Added
56 of 1979 s. 3
)
(3)
Any property or structure of which possession is taken under subsection
(2
)(
b)
or
(2A
)(
iii)
shall become the property of the Government free from the rights of any person and
                may be demolished or otherwise dealt with as the Authority thinks fit.
(Amended
56 of 1979 s. 3
;
29 of 1998 s. 105
;
E.R. 5 of 2020
)
(4)
Any person occupying unleased land, otherwise than under a licence or a deed or
                memorandum of appropriation, who without reasonable excuse does not cease to occupy
                the same as required by a notice under subsection (1) shall be guilty of an offence.
(Amended
3 of 2015 s. 3
)
(4AA)
A person who is guilty of an offence under subsection (4) is
liable—
(a)
on the first occasion on which the person is convicted of the offence, to a
                    fine of $500,000 and to imprisonment for 6 months and, in the case of a
                    continuing offence, to a further fine of $50,000 for each day during which the
                    offence continues; and
(b)
on each subsequent occasion on which the person is convicted of the
                    offence, to a fine of $1,000,000 and to imprisonment for 6 months and, in the
                    case of a continuing offence, to a further fine of $100,000 for each day during
                    which the offence continues.
(Added
3 of 2015 s. 3
)
(4A)
Any person
who—
(a)
is engaged in any way in the erection of a structure on unleased land;
                    or
(b)
arranges or directs the erection of a structure on unleased land,
being a structure being erected otherwise than under a licence or a deed or
                memorandum of appropriation, shall be guilty of an offence.
(Added
56 of 1979 s. 3
. Amended
46 of 1982 s. 2
;
3 of 2015 s. 3
)
(4B)
A person who is guilty of an offence under subsection (4A) is
liable—
(a)
on the first occasion on which the person is convicted of the
offence—
(i)
if the contravening act is done for the purpose of
                        disposing of the structure for the gain of the person or another
                                (
gainful
                                purpose
)—to
                        a fine of $2,500,000 and to imprisonment for 1 year; or
(ii)
if the contravening act is done for any other purpose—to a fine of
                        $500,000 and to imprisonment for 6 months; and
(b)
on each subsequent occasion on which the person is convicted of the
offence—
(i)
if the contravening act is done for a gainful purpose—to a fine of
                        $5,000,000 and to imprisonment for 1 year; or
(ii)
if the contravening act is done for any other purpose—to a fine of
                        $1,000,000 and to imprisonment for 6 months.
(Added
3 of 2015 s. 3
)
(5)
The Authority may recover from any person convicted of an offence under
                subsection (4) or (4A) any cost incurred in or arising out of the demolition of any
                property or structure under subsection (2A) or (3) and the exercise of the powers
                conferred by this section.
(Amended
56 of 1979 s. 3
)
(6)
In any court proceedings for an offence under subsection (4) or (4A), the court
                may, on application by the Authority or on the court’s own initiative, order the
                person convicted of the offence to pay the cost mentioned in subsection (5).
(Added
3 of 2015 s. 3
)
(7)
The cost mentioned in subsection (5) may be recovered from or ordered against a
                person in addition to any penalty imposed on the person under subsections (4AA) and
                (4B) for the offence.
(Added
3 of 2015 s. 3
)
(8)
Subsections (1), (2) and (3) have effect subject to
section 110
of
                the Private Columbaria Ordinance (
Cap. 630
).
(Added
8 of 2017 s. 115
and
E.R. 4 of 2017
)