Cap. 53activeordinance

Antiquities and Monuments Ordinance

古物及古蹟條例

Full legislation

s.5

Control of monuments generally

(1)
Subject to this section, the Authority, and any designated person authorized by
                him in writing, may, for the purposes of this Ordinance, at all reasonable
times—
(a)
enter and inspect any proposed monument or monument;
(b)
with the prior approval of the Chief
Executive—
(Amended
59 of 2000 s. 3
)
(i)
fence, repair, maintain, preserve or restore any proposed monument or
                        monument;
(ii)
excavate or search for relics in any proposed monument or monument and
                        remove any relics hitherto undiscovered.
(Amended
38 of 1982 s. 6
)
(2)
Neither the Authority nor a designated person authorized by him may enter any
                residential premises, in the exercise of the powers conferred by subsection (1),
unless—
(a)
he first obtains the consent in writing of the lawful occupier of such
                    premises; or
(b)
he has given to the lawful occupier thereof not less than 48
                    hours’
                    notice in writing of his intention to
                        enter.
(Amended
E.R. 6 of
                            2019
)
(3)
Nothing in this section shall
authorize—
(a)
the exclusion from any part of a proposed monument or monument
of—
(i)
the owner or lawful occupier of the proposed monument or
                        monument;
(ii)
a person beneficially interested in the proposed monument or monument;
                        or
(iii)
a person authorized by such owner, occupier or person beneficially
                        interested in the proposed monument or monument; or
(b)
the excavation of a proposed monument or monument or the search for relics
                    in residential premises, without the consent of the owner and the lawful
                    occupier of the residential premises.
(Amended
38 of 1982 s. 6
)