### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

18. Notices of orders made under section 17
(1) Subject to subsection (3), notice of an order made under section 17(1) in respect of any road, foreshore or sea-bed must be— (Amended 81 of 1988 s. 4; 25 of 2023 s. 81)
(a) served on every person known to the Secretary as having any estate, right, share or interest in the land mentioned in the order;
(b) published—
(i) in one issue of the Gazette in both the Chinese and English languages;
(ia) on the website specified by the Secretary; (Added 25 of 2023 s. 81)
(ii) in one issue of a Chinese language newspaper;
(iii) in one issue of an English language newspaper; and
(iv) by affixing a copy in the Chinese and English languages in a prominent position on or near the land mentioned in the order; and
(c) made available for inspection by the public free of charge at such offices of the Government, as the Secretary may direct during the hours when those offices are normally open to the public.
(2) The notice referred to in subsection (1) shall—
(a) state that an order has been made under section 17(1) and describe the area of the road, foreshore or sea-bed affected thereby and the manner in which it will be affected;
(b) describe briefly any works to be carried out;
(c) state where and at what times a copy of the order and a plan of the affected area of the road, foreshore or sea-bed may be inspected pursuant to subsection (1)(c);
(d) state the day on which the notice was affixed on or near the land; and
(e) state that any person having a compensatable interest under this Ordinance may serve a written claim upon the Secretary.
(3) Where an order has been made under section 17(1) in respect of a road, subsection (1)(a) of this section shall not apply. (Added 81 of 1988 s. 4)

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

19. Inspection and preventive and remedial works on land and buildings
(1) Failing agreement with any person affected as to the grant of the powers required by the Secretary, the Secretary may enter any land or building described in the scheme mentioned in section 5 and situate wholly or partly within the works area or wholly or partly within 70 metres thereof for the purpose of—
(a) making any inspection, valuation, site investigation or test, including drilling, excavation or the installation or removal of instruments;
(b) surveying or taking levels;
(c) setting out any line of works,
in connexion with the works, the use, an assessment of the value of any land, building or other property or in order to ascertain the condition of the land or building; and the Secretary may also enter any such land or building and carry out, at the cost of the Government, all reasonably necessary operations of a preventive or remedial nature. (Amended 25 of 2023 s. 90)
(2) No person shall, for the purposes of subsection (1), enter any land or building which is occupied without giving at least 28 days’ notice of his intention so to do, unless the Secretary is of the opinion that an emergency exists which necessitates immediate entry.
(3) A notice of entry referred to in subsection (2)—
(a) shall describe the purpose of the entry and the nature of any operations to be carried out; and
(b) shall be served on the owner and the occupier of the land or building.
(4) In subsection (1) operations of a preventive or remedial nature (屬預防或補救性質的作業) means the underpinning or strengthening of any land or building and other work thereon intended to render it reasonably safe or to repair or detect damage caused by the works or the use.
(5) The decision of the Secretary that any operations are of a preventive or remedial nature or that such operations are reasonably necessary shall be final.
(6) The Secretary may, as occasion may require, enter any land or building in respect of which any of the powers contained in subsection (1) have been exercised and may in relation to that land or building exercise such powers, subject to subsection (2), as often as occasion may require.

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

20. Utility services
(1) The Secretary may give notice to the owner of any gas, electricity, water or telecommunications service apparatus situated on any unleased Government land requiring him, at his own expense (subject to any contract between that owner and the Government), to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post or other apparatus the nature of which was described in the scheme mentioned in section 5 and which belongs to or is maintained by that owner and to repair any road surface thereby disturbed if in the opinion of the Secretary such alteration and repair is required for the purposes of or incidental to the works or the use. (Amended 36 of 2000 s. 28)
(2) A notice under subsection (1) shall—
(a) specify the nature of apparatus to which the notice applies and set out the Secretary’s requirements as to the alteration of its course or position and the repair of any road surface;
(b) stipulate the period within which such work shall be carried out; and
(c) be served upon the owner not later than 1 month before the commencement of that period.
(3) The period mentioned in subsection (2)(b) shall be a period which is reasonably necessary for the carrying out of the Secretary’s requirements as mentioned in subsection (2)(a) and, before stipulating a period, the Secretary shall consult the owner of the apparatus to which the notice applies.
(4) If the owner does not comply with the notice given to him under subsection (1), the Secretary may carry out the operations mentioned in that notice and, subject to any contract between that owner and the Government, recover the cost thereof from the person to whom the notice was given.
(Amended 29 of 1998 s. 105)

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

21. Removal of projections or obstructions
(1) The Secretary may give notice to the owner of any land or building described in the scheme mentioned in section 5 requiring him to remove any object or structure described in the notice which is attached to or projects from the land or building if in the opinion of the Secretary the removal of the object or structure is necessary for the purposes of or incidental to the works or the use.
(2) A copy of the notice under subsection (1) shall be given to any occupier of the land or building known to the Secretary.
(3) A notice under subsection (1) shall—
(a) describe the object or structure to be removed;
(b) stipulate the period within which the work of removal shall be carried out;
(c) be given to the owner and occupier of the land or building not later than 28 days before the commencement of that period; and
(d) state that any person having a compensatable interest under this Ordinance may serve a written claim upon the Secretary.
(4) If the owner of the land or building does not comply with a notice given to him under subsection (1), the Secretary may enter the land or building, together with such other persons as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons at the expense of the Government. (Amended 25 of 2023 s. 90)
(5) An object or structure removed under subsection (4), whether or not it was erected or maintained in contravention of any Ordinance or Government lease or other instrument under which the land is held, may be disposed of as the Secretary thinks fit. (Amended 29 of 1998 s. 105)