### Mining Ordinance 《礦務條例》

20. Mining licences
(1)  The Commissioner may grant to any person applying therefor in the prescribed manner and on payment of the prescribed fee a mining licence: (Amended 33 of 1960 s. 10)
Provided that the person, if any, who is carrying on under licence adequate prospecting operations on the area shall be preferred. (Added 33 of 1960 s. 10) 
(2) A mining licence shall be in the prescribed form, shall specify the area and the minerals in respect of which it is granted, and shall be subject to such rentals, fees, royalties, premiums and other payments as may be prescribed and to such terms and conditions as the Commissioner may determine.
(3) A mining licence shall not be transferable and any right or interest conferred thereby shall not be assignable except with the prior consent in writing of the Commissioner.
(4)  A mining licence shall remain in force for 6 months from the date thereof, unless previously cancelled under the provisions of this Ordinance, but a licence not so cancelled may be renewed by the Commissioner for further terms of 6 months each: (Amended E.R. 6 of 2019)
Provided that the total period of the original licence together with all renewals thereof shall not, save with the consent of the Chief Executive, exceed 5 years. (Replaced 33 of 1960 s. 10. Amended 57 of 1999 s. 3; E.R. 6 of 2019) 

21. Cancellation of mining licence
The Commissioner may, by notice in writing, cancel a mining licence—
(a) if the holder thereof or any attorney, partner, agent or servant of such holder is convicted of any offence against this Ordinance or the regulations made thereunder; (Replaced 33 of 1960 s. 11)
(b) if the holder commits any breach of the provisions of this Ordinance, or of the regulations made thereunder, or of the terms or conditions whether express or implied of his licence, not amounting to an offence against this Ordinance or the regulations made thereunder, and if, on being called upon by the Commissioner to show cause within a time specified why his licence should not be revoked, he fails to comply with such order or if the cause shown is in the opinion of the Commissioner inadequate; (Replaced 33 of 1939 s. 11)
(c) if, without the consent in writing of the Commissioner, the holder wholly or substantially discontinues mining operations. (Amended 33 of 1960 s. 11)
(Amended 33 of 1960 s. 11)

### Mining Ordinance 《礦務條例》

22. Mining leases
(1)  The Director of Lands may grant a mining lease to any person applying therefor in the prescribed manner, if the Commissioner is satisfied that the mineral-bearing qualities and quantities of the land in the area applied for are such as to justify the grant of a mining lease: (Amended 33 of 1960 s. 12)
Provided that— (a) the person, if any, who is carrying on or has carried on under licence adequate prospecting or mining operations on the area shall be preferred; and
(b) if a person having a prior claim to a mining lease is unable to obtain the same on the ground that he does not command sufficient working capital to ensure the proper development and working of the area applied for, the person who obtains a mining lease in respect of the area, if he has not himself adequately prospected or mined the same under licence, shall compensate such other person in such an amount as shall be determined by the Director of Lands.

(2) Any amount so determined may be recovered by the person entitled thereto by civil action, and in such action a certificate under the hand of the Director of Lands specifying the amount of compensation so determined shall, without further proof, be received as conclusive evidence of the amount thereof.
(3) A mining lease shall specify the area and the minerals in respect of which it is granted, and shall be subject to such rentals, fees, royalties, premiums and other payments as may be prescribed, and shall contain such covenants and conditions and shall be in such form, as the Director of Lands may determine.
(Amended 8 of 1993 s. 3; L.N. 291 of 1993)

23. Requirements as to capital
(1) An applicant for a mining lease shall satisfy the Director of Lands that he commands sufficient working capital to ensure the proper development and working of the area applied for, and the Director of Lands may require the applicant to furnish a guarantee of a bank or person approved by the Director of Lands, for such amount and in such form as he may determine.
(2) In the event of the applicant failing to satisfy him as aforesaid or, when so required, to furnish a guarantee to the satisfaction of the Director of Lands, the Director of Lands may refuse the application, but the applicant may make a fresh application at any time.
(Amended 8 of 1993 s. 3; L.N. 291 of 1993)

### Mining Ordinance 《礦務條例》

24. Duration and renewal of mining lease
(1) A mining lease may be granted for such term not being more than 21 years as the Director of Lands may determine. (Amended 33 of 1960 s. 13; L.N. 291 of 1993)
(2) If, during the term originally granted or any renewal thereof—
(a) the lessee has carried on work in a normal and businesslike manner;
(b) the lessee has in all respects performed and observed all the terms and conditions of the lease; and
(c) the lessee has given to the Director of Lands not less than 6 months’ prior notice in writing of his desire to obtain renewal of the lease,
the lessee may be granted, on payment of the prescribed fee and subject to the provisions of this section, a renewal of the lease for such term as may be approved by the Director of Lands, not exceeding 21 years, upon the conditions and subject to such rentals, fees, royalties, premiums and other payments as are then applicable to new leases and subject to such covenants and conditions as the Director of Lands may determine. (Amended L.N. 291 of 1993)
(3) The Chief Executive in Council may authorize the grant or renewal of a mining lease for a term of more than 21 years. (Added 33 of 1960 s. 13. Amended 57 of 1999 s. 3)
(Amended 8 of 1993 s. 3; E.R. 6 of 2019)

25. Rights under a mining licence or mining lease
A mining licence or mining lease shall be deemed to confer on the holder or lessee the following rights—
(a) to carry out mining operations below the surface of the area in respect of which the licence or lease is granted;
(b) to enter upon, use and carry out mining operations on the surface of any Government land within the said area; and (Amended 29 of 1998 s. 105)
(c) with the prior consent in writing of the owner and any lawful occupier of any private land within the said area, to enter upon, use and carry out mining operations on the surface thereof.

26. Assignment, etc. of mining rights
The lessee of a mining lease shall not assign, mortgage, charge, underlet or otherwise alienate or dispose of any of his rights under the lease, or enter into any agreement so to do, without the prior consent in writing of the Director of Lands.
(Amended 8 of 1993 s. 3; L.N. 291 of 1993)