### Marine Parks Ordinance 《海岸公園條例》

18. Exclusion
(1) This Ordinance shall not apply in respect of any land within a marine park or marine reserve—
(a) subject to subsection (3), held under a Government lease existing before the publication in the Gazette of a notice under section 8(1) in respect of that marine park or marine reserve, as the case may be, until the expiration of such lease; or (Amended 29 of 1998 s. 90)
(b) occupied under a licence or a deed or memorandum of appropriation issued under the Land (Miscellaneous Provisions) Ordinance (Cap. 28) before the publication in the Gazette of a notice under section 8(1) in respect of that marine park or marine reserve, as the case may be, until the expiration of the validity period of such licence or deed or memorandum of appropriation, (Amended 29 of 1998 s. 90)
and for the purpose of this subsection, a marine park or marine reserve includes a proposed marine park or proposed marine reserve, or a proposed area of extension of a marine park or marine reserve, as the case may be.
(2) For the avoidance of doubt, nothing in this Ordinance shall be construed to the prejudice of the Shipping and Port Control Ordinance (Cap. 313) and the Water Pollution Control Ordinance (Cap. 358).
(3) Nothing in subsection (1)(a) shall prevent an order from being made under section 17(1) for the resumption of any land referred to in subsection (1)(a) and this Ordinance shall apply to the land resumed in pursuance of such order.

19. Extinguishment of rights
(1) Upon the publication in the Gazette of an order under section 15 or 16(8)(a)(i), all rights existing under common law in relation to any land, the sea or any tidal water within the area of the marine park or marine reserve concerned shall be extinguished and cease to exist.
(2) No action, claim or proceedings shall lie or be brought against the Government or any other person to recover damages, compensation or costs for—
(a) damage or disturbance to or loss in the value of any land, trade or business;
(b) personal disturbance or inconvenience;
(c) extinguishment, modification or restriction of rights; or
(d) the costs of effecting or complying with any requirement,
which is authorized or imposed by or under this Ordinance or arises from any act or omission so authorized or for any other matters related to the designation of marine parks or marine reserves except in relation to a resumption ordered under section 17(1).

### Marine Parks Ordinance 《海岸公園條例》

20. Regulations
(1) The Secretary for Environment and Ecology may make regulations to provide for— (Amended 78 of 1999 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) the proper management and control of (including the specification of zones within and the closure or partial closure of) marine parks and marine reserves;
(b) prohibiting or controlling the following activities within a marine park or marine reserve—
(i) fishing and spear-fishing;
(ii) mariculture;
(iii) swimming and diving;
(iv) collection of marine life and resources;
(v) boating, including surfing, wind-surfing and water-skiing;
(vi) barbecuing and camping on beaches;
(vii) mooring;
(viii) hawking;
(ix) dumping and littering;
(x) advertising; and
(xi) any other activities incompatible with the carrying into effect of the provisions of this Ordinance or any regulation made under this section;
(c) prohibiting or controlling discharge of matter into a marine park or marine reserve by any person therein or from any vessel therein;
(d) prohibiting or restricting the killing, hunting, trapping, molesting or disturbance of any form of marine life within a marine park or marine reserve, the possession of equipment or implements used for hunting or fishing, the taking of, destruction of or interference with the marine life within a marine park or marine reserve;
(e) the seizure and disposal of any marine life, resources or other article or thing in respect of which any regulation made under this section is contravened;
(f) the preservation of good order and prevention of abuses and nuisances within marine parks and marine reserves;
(g) prohibiting or restricting the entry into, or movement within, marine parks and marine reserves of persons, vehicles, vessels and animals;
(h) the application for, and the grant and renewal of licences and permits, and the fees payable in respect thereof;
(i) the fees payable in connection with the use of any marine park or marine reserve or any part thereof, in connection with the use of any facility provided therein; and
(j) generally, the carrying into effect of the provisions of this Ordinance.
(2) Regulations made under this section may provide that a contravention or breach thereof shall be an offence punishable by a fine at level 4 and imprisonment for 1 year and, where the offence is a continuing offence, punishable by a further fine of $400 for each day during which it is proved to the satisfaction of the court that the offence has continued.

### Marine Parks Ordinance 《海岸公園條例》

21. Approval for inspection, repair works and new development
(1) Notwithstanding any provision of this Ordinance, the Authority may approve in writing the carrying out of any work for the purposes of inspecting or repairing any existing structure or facility within any marine park or marine reserve and may, after seeking the advice of the Board, approve the carrying out of any new development within any marine park or marine reserve, where he considers it to be in the public interest to do so, and may impose any conditions on granting the approval.
(2) Sections 10 and 11 shall, with necessary modifications, apply in respect of an application for approval to carry out any work or new development referred to in subsection (1) within a marine park or marine reserve.
(3) Where any work referred to in subsection (1) or any new development has been carried out or is being carried out within any marine park or marine reserve without the prior approval of the Authority or in breach of or without compliance with any condition imposed on the granting of approval by the Authority under that subsection, the Authority may by order in writing served on—
(a) the person carrying out such work or new development; or
(b) the person for whom such work or new development has been or is being carried out or his agent,
require—
(i) the carrying out of such work or new development to cease forthwith; and
(ii) where appropriate, remedial and restoration work to be carried out at that person’s expense within such time as may be specified in the order.
(4) If a person fails to comply with any requirement under subsection (3)(i) or (ii), the Authority may, without any further notice, carry out, or cause to be carried out, such work as may be necessary to ensure that the requirement is complied with.
(5) The cost of any work carried out, or caused to be carried out, by the Authority under subsection (4) shall be recoverable, as a civil debt due to the Government, from the person or persons referred to in subsection (3)(a) or (b) or both irrespective of on whom the order under subsection (3) has been served.
(6) Any person who—
(a) carries out any work referred to in subsection (1) or any new development within any marine park or marine reserve without the prior approval of the Authority; or
(b) fails to comply with an order served on him under subsection (3),
commits an offence and is liable on conviction—
(i) to a fine at level 5 and to imprisonment for 1 year; and
(ii) to a fine of $5,000 for each day during which it is proved to the satisfaction of the court that the offence has continued.