### Mining Ordinance 《礦務條例》

65. Resumption of land required for public purposes
(1) Whenever the Chief Executive in Council decides that the resumption of any Government land within the area of a mining lease is required for a public purpose, the Chief Executive may call upon the lessee thereof to surrender his rights and interests in such land under his lease, and the lessee shall, within 2 months after the date upon which such decision is communicated to him, execute an instrument of surrender thereof in such form as may be approved by the Director of Lands. (Amended 8 of 1993 s. 3; L.N. 291 of 1993; 29 of 1998 s. 105; 57 of 1999 s. 3; E.R. 6 of 2019)
(2) The reference to the resumption of the land for a public purpose in subsection (1) is to be construed in accordance with section 2(2) of the Lands Resumption Ordinance (Cap. 124), but that Ordinance does not otherwise apply to a resumption under subsection (1). (Replaced 25 of 2023 s. 110)
(3) If the lessee fails to execute an instrument of surrender within due time as provided in subsection (1), the Chief Executive may revoke the mining lease, and thereupon the lease and the rights of the parties thereunder shall absolutely determine but without prejudice to the rights and remedies of the parties in respect of any antecedent breach, non-observance or non-performance of the provisions thereof. (Amended 57 of 1999 s. 3)
(4) Compensation shall be paid by the Government to the lessee for disturbance, and also for the loss of reasonable expectation of profits from proved minerals in, under or upon any land resumed under this section.
(5) Any dispute as to what are proved minerals in, under or upon any land resumed as aforesaid, and any dispute as to whether any compensation is payable or as to the amount of such compensation, shall, in default of agreement, be determined by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap. 609). (Amended 17 of 2010 s. 112)

### Mining (General) Regulations 《礦務(一般)規例》

1. Citation
These regulations may be cited as the Mining (General) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
“temporary marker” (臨時標記) means a concrete post not less than 75 millimetres square or 75 millimetres in diameter projecting in an upright position not less than 600 millimetres above the surface of the ground: (L.N. 87 of 1986)
Provided that where cement is not available, timber may be used.

3. Manner and forms of applications and amendments thereof
(1) Any person who desires to obtain a prospecting licence, a mining licence or a mining lease, shall apply to the Superintendent of Mines in duplicate on the appropriate form prescribed in the First Schedule.
(2) A plan, in duplicate, of the area applied for, drawn to the scale of 1:20,000, shall accompany every such application and shall show—
(a) all important local objects, landmarks, streams and buildings within the area applied for; and
(b) the topographical features, including the courses and names, if any, of streams within or adjacent to the area applied for, as shown on the 1:20,000 topographical sheet in the map series HM20C covering the district in which the area lies. (L.N. 92 of 1971; L.N. 87 of 1986)
(3) When no question of priority of application arises, the Superintendent of Mines may permit amendment of any application in the case of clerical or minor errors in the plan, and the date of any application so amended shall remain the original date of its first acceptance, which shall have been endorsed thereon at the time of acceptance.
(L.N. 155 of 1963)

4. Applicants to give notice to owners, etc. of land within area applied for
Not less than four weeks and not more than six weeks after the making of any application pursuant to the provisions of regulation 3, the applicant shall, unless his application has been refused, give written notice of the particulars of such application to the owner and any lawful occupier of any private land situated within the area to which such application relates, and shall give or send by registered post to the Superintendent of Mines a copy of each such notice.
(L.N. 155 of 1963)

### Mining (General) Regulations 《礦務(一般)規例》

5. Marking and inspection of land
At any time after the expiration of fourteen days from the date on which the notice or, where more than one such notice is required, the last of such notices was given pursuant to regulation 4, the Superintendent of Mines, subject to notice having been given to the owner or occupier, if any, of any private land in question, may inspect, or cause to be inspected, the area to which the application relates, and for the purposes of any such inspection may require the applicant, subject to the consent of such owner or occupier, to erect temporary markers indicating on the ground the boundaries of the area to which the application relates.
(L.N. 155 of 1963)

6. Withdrawal of application
(1) Any applicant who withdraws his application for a prospecting licence, a mining licence or a mining lease shall pay to the Treasury the appropriate prescribed fee.
(2) An application for a prospecting licence shall not be withdrawn after the applicant has marked out within the prospecting area an area in respect of which a mining licence or a mining lease has been applied for.

7. Refusal of application on failure to furnish financial security or for want of working capital
(1) An application shall be refused if the applicant fails to furnish any financial security which may be required of him for any purposes for which security is required under the Ordinance or these regulations.
(2) Notwithstanding that no financial security is required of an applicant as aforesaid, the Commissioner may refuse to grant an application for a prospecting licence or a mining licence unless he is satisfied that the applicant commands sufficient working capital to ensure adequate prospecting of, or, as the case may be, proper working of, the area applied for. (L.N. 155 of 1963)
(L.N. 155 of 1963)

8. Fees and payments
The applicant shall within fourteen days after demand pay to the Treasury any payments which may have been demanded, and in the event of the applicant failing so to do the Commissioner may refuse his application.

9. Maintenance of boundary markers
All markers indicating the area in respect of which a prospecting licence, a mining licence or a mining lease has been issued shall at all times be kept in good condition and repair by the licensee or lessee.

10. Prospecting licence
A prospecting licence shall be in the form prescribed in the First Schedule. (See Form IV)