### Road Traffic (Traffic Control) Regulations 《道路交通(交通管制)規例》

22. Dangerous excavations
(1) If any excavation on or near a road is of such a nature or is in such a position that there is a danger that a pedestrian or vehicle may fall into it or be otherwise endangered, the person responsible shall provide sufficient fencing around the excavation as will be adequate and effective to prevent any pedestrian or vehicle from falling into the excavation or being otherwise endangered.
(2) The obligation to fence under subregulation (1) shall not apply where fencing around the excavation would obstruct the passage of trams but in that case instead of providing a fence the person responsible shall display conspicuously not less than 1 m above the ground, close to the excavation, such signs, approved by the Director, as are sufficient to give to any person adequate warning of the danger.

23. Additional lights and signs
(1) The Director or a police officer of the rank of sergeant or above may give notice in writing to the person responsible for road works or any obstruction or excavation on or near a road requiring him to erect as soon as practicable and operate lights or traffic signs at or near the road works, obstruction or excavation in addition to those required by regulations 20(1) and 21 and the person responsible shall as soon as practicable after such direction erect and thereafter operate such lights or traffic signs.
(2) The person responsible shall forthwith notify the Director in writing of the location of any lights or traffic signs erected in accordance with a notice given by a police officer under subregulation (1).

24. Rectification of deficiencies
(1) The Director or any police officer of the rank of sergeant or above may give notice either orally or in writing to the person responsible for road works or any obstruction or excavation on or near a road requiring him to rectify as soon as practicable any deficiency in the lanterns, signs or fencing required by regulation 20, 21, 22 or 23 and the person responsible shall as soon as practicable after such notice rectify any such deficiency.
(2) In the event of a failure to comply with a notice given under subregulation (1) the Director may rectify the deficiencies and the person responsible shall pay to the Director the cost of the rectification.
(3) Any costs incurred by the Director under subregulation (2) shall be recoverable as a civil debt.

### Road Traffic (Traffic Control) Regulations 《道路交通(交通管制)規例》

25. Removal of obstructions
(1) The Director or a police officer of the rank of sergeant or above may give notice either orally or in writing to the person responsible for any obstruction on or near a road which hinders or endangers any person to remove forthwith the obstruction and the person responsible shall as soon as practicable after such notice remove such obstruction.
(2) In the event of a failure to comply with a notice under subregulation (1) the Director may arrange for a removal of the obstruction and the person responsible shall pay to the Director the cost of the removal.
(3) Any costs incurred by the Director under subregulation (2) shall be recoverable as a civil debt.

26. Saving
Nothing in this Part shall relieve any person of any obligation imposed upon him to obtain any permit or consent which may be necessary before carrying out any road works or causing an obstruction or excavation or of any obligation to fence or otherwise render safe any road works.

### Road Traffic (Traffic Control) Regulations 《道路交通(交通管制)規例》

27. Closure of roads
(1) Where in the opinion of the Commissioner it is necessary to close a road or any part of it to all or any particular kind of traffic, he may close that road or part of it to such traffic for such period as he may think necessary.
(2) A closure under subregulation (1) shall be indicated by a sign of the type shown in Figure No. 149 in Schedule 1 and a notice of such closure shall be published by the Commissioner as soon as reasonably practicable in the Gazette or in one issue of at least one English newspaper and one Chinese newspaper circulating in Hong Kong. (L.N. 263 of 1984)
(3) The closure of a road under subregulation (1) shall not apply to—
(a) a vehicle which is being driven for any fire services, ambulance, police or customs and excise service purpose if compliance with the closure is likely to hinder the use of that vehicle for that purpose; (L.N. 16 of 2007)
(b) a vehicle in respect of which a closed road permit for the road is issued and is valid in accordance with the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E); or (L.N. 16 of 2007)
(c) any category of taxis in respect of which an exemption is granted by the Commissioner under subregulation (3A). (L.N. 16 of 2007)
(3A) The Commissioner may—
(a) grant an exemption to any category of taxis from any closure under subregulation (1)—
(i) for an indefinite period or a specified period;
(ii) on specified days, during specified hours in any day, or during specified hours in any specified days; and
(iii) on any other conditions as the Commissioner thinks fit;
(b) revoke or suspend such exemption; and
(c) revoke, vary or add to any condition referred to in paragraph (a). (L.N. 16 of 2007)
(3B) The Commissioner shall give notice of any exemption, revocation, suspension, variation or addition under subregulation (3A) in the Gazette. (L.N. 16 of 2007)
(4) Subject to subregulation (3), no person shall drive a vehicle on any road closed under subregulation (1).
(5) For the purposes of this regulation, “road” does not include a private road. (L.N. 22 of 1989)

### Road Traffic (Traffic Control) Regulations 《道路交通(交通管制)規例》

28. Diversion and temporary closure
(1) The Commissioner or the Commissioner of Police may—
(a) cause all traffic or any particular kind of traffic on a road to be diverted at any time; and
(b) without publication of a notice under regulation 27(2), close any road or part of it to all traffic or any particular kind of traffic for any period not exceeding 72 hours.
(2) Subregulation (1)(a) shall not apply to a vehicle which is being driven for any fire services, ambulance, police or customs and excise service purpose if diverting it is likely to hinder the use of that vehicle for that purpose.
(3) Subject to subregulation (2), no person shall drive a vehicle on any road in contravention of subregulation (1).

28A. Application
This Part shall not apply to an expressway (within the meaning of section 122 of the Ordinance).
(L.N. 248 of 1991)

29. Interpretation
(Adaptation amendments retroactively made - see 29 of 1998 s. 82)
In this Part—
“Pedestrian road” (行人道路) means a road, or any portion of a road, on unleased Government land which— (29 of 1998 s. 82)
(a) is not a surfaced road;
(b) is a surfaced road of less than 2 m in width at any point or
(c) is declared under regulation 41(5)(a) to be a pedestrian road;

“surfaced road” (鋪有路面的道路) means a road constructed with a surface suitable for the regular passage of motor vehicles;
“unleased Government land” (未批租政府土地) means land which is not—
(a) held under a Government lease or a tenancy granted by the Government or any agreement for such a lease or tenancy;
(b) vested in a person by an Ordinance; or
(c) occupied under—
(i) a licence issued under section 5 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28);
(ii) a licence or permit granted or issued under any other Ordinance; or
(iii) a deed or memorandum of appropriation made by the Chief Executive of the Hong Kong Special Administrative Region. (29 of 1998 s. 82)