### Land Drainage Ordinance 《土地排水條例》

21. Power to require removal of structures from main watercourse
(1) Where in the opinion of the Drainage Authority, a structure that has been or is being erected or set up in, over or under any main watercourse blocks that main watercourse or impedes its free flow or is likely to cause damage to any property or life in a Drainage Authority Area, the Drainage Authority may by notice require—
(a) the occupier and owner of the land on which the structure is situated; or
(b) the person having control or possession or causing the erection or setting up of the structure,
to remove it within such time as may be specified in the notice.
(2) If a structure in respect of which a notice is served under subsection (1) is not removed within the time specified in the notice, the Drainage Authority, his agent or any independent contractor employed and authorized for the purpose by the Drainage Authority may, subject to section 22, remove the structure and the Drainage Authority may recover the expenses, including supervision charges, reasonably incurred in doing so from the person on whom the notice has been served and in the case of the occupier and owner who have both been served with the notice under subsection (1)(a), they shall be jointly and severally liable to the Drainage Authority for such expenses and such expenses may be waived by the Drainage Authority if the structure was erected, or set up, and maintained without the contravention of any Ordinance, Government lease or other instrument under which the land, where the structure was erected, or set up, and maintained, is held. (Amended 29 of 1998 s. 105)
(3) For the purpose of this section, structure (構築物) means a bridge, fence, barrier, pillar, post, culvert, pipe crossing, pier, wall, stair, shed or other similar structure.

### Land Drainage Ordinance 《土地排水條例》

22. Power of entry for purpose of executing works, etc.
(1) Where the Drainage Authority has a power or a right under this Part or Part IV—
(a) to execute any drainage works;
(b) to execute any temporary works; or
(c) to remove any obstruction or structure,
then if for the purpose of exercising that power or that right it is necessary for a person to enter on any land, a person duly authorized in writing by the Drainage Authority may at any reasonable time enter on any land within a Drainage Authority Area for that purpose.
(2) The power to enter on land under subsection (1) includes—
(a) the power to authorize the entry or passage of such other persons, and such vehicles, plant, apparatus, machinery, supplies or materials as may be necessary;
(b) the power to carry out works for the purpose of facilitating their passage;
(c) the power to place and leave on or in the land and to remove therefrom such vehicles, plant, apparatus, machinery, supplies or materials.
(3) No person shall, in the exercise of any power of entry under this section, enter on any land which is occupied without giving to the occupier at least 7 days’ notice of his intention to do so unless it appears to the Drainage Authority that an emergency exists which necessitates immediate entry and the decision of the Drainage Authority that the particular case is one of emergency shall be final and binding on all persons.
(4) A person shall not, in the exercise of a power conferred by subsection (2)(c), place or leave on or in any land or remove therefrom any vehicles, plant, apparatus, machinery, supplies or materials unless notice of his intention to do so has been included in the notice required by subsection (3).
(5) A person shall not execute any works authorized by subsection (2)(b) unless a notice of his intention to do so has been included in the notice required by subsection (3).
(6) Any person who, in the exercise of any power of entry authorized under this section, enters on any land shall, if required to do so by any person, produce evidence of such authority.
(7) Nothing in this section shall be construed to authorize the Drainage Authority or any person to enter domestic premises.

### Land Drainage Ordinance 《土地排水條例》

23. Power of entry for purpose of inspection, etc.
(1) A person duly authorized in writing by the Drainage Authority may at any reasonable time enter on any land for the purpose of—
(a) inspecting any main watercourse;
(b) preparing any draft Drainage Authority Area plans; and
(c) surveying that or any other land in connection with the exercise by the Drainage Authority of any of his powers or rights under this Ordinance.
(2) Section 22(2), (3), (4), (5) and (6) has effect in relation to a person authorized under this section to enter on any land as it has effect in relation to a person authorized under section 22 to enter on any land.
(3) Nothing in this section shall be construed to authorize the Drainage Authority or any person to enter domestic premises.

24. Disposal of spoil
(1) The Drainage Authority, his agent or any independent contractor employed and authorized by the Drainage Authority for the purpose of executing any drainage works or works under this Part or Part IV may, without making payment for it, appropriate and dispose of any matter removed in the course of the execution of such drainage works or works provided that if the Drainage Authority is of the opinion that there may be a claim for such matter, the Drainage Authority may take possession of such matter.
(2) The Drainage Authority shall post, on or near the land where he has taken possession of any matter under subsection (1), a notice setting out details of such matter and shall, in such notice, call upon any claimant to submit his claim to the matter within such time as is specified in the notice, being not less than 14 days after the day on which the notice was posted.
(3) The Drainage Authority may refuse to return any matter of which he has taken possession under subsection (1) unless he is satisfied that the claimant is the owner of the matter.
(4) The Drainage Authority may recover from a claimant to whom any matter, of which the Drainage Authority has taken possession under subsection (1), is returned any expenses incurred by him in the removal and storage of such matter.
(5) Any matter of which the Drainage Authority has taken possession under subsection (1), which is not claimed within the time referred to in subsection (2) or which the Drainage Authority refuses to return under subsection (3) to any person, shall become the property of the Drainage Authority free from the rights of any person and may be disposed of by the Drainage Authority.