### Mining Ordinance 《礦務條例》

52. Penalty for contraventions of section 8, 15, 27 or 28
Any person who contravenes the provisions of section 8, 15, 27 or 28 shall be guilty of an offence and shall be liable to a fine at level 1 and to imprisonment for 12 months. 
(Amended E.R. 6 of 2019)

53. Offences and penalties in relation to possession and purchase of minerals
Any person who contravenes the provisions of section 35, 36, 38, 39 or 40 shall be guilty of an offence and shall be liable to a fine at level 2 and to imprisonment for 12 months.
(Amended E.R. 6 of 2019)

54. Fraud by applicant for prospecting licence or mining licence
(1) Any person who falsely represents that he has obtained the grant of a prospecting or mining licence or mining lease, and thereby induces or attempts to induce any person to invest capital in connexion therewith before he has obtained the grant of such prospecting or mining licence or mining lease, shall be liable to forfeit any claim to the grant of such prospecting or mining licence or mining lease.
(2) Nothing in this section shall relieve any person from liability to civil action or criminal prosecution in respect of the said representation.

55. Wilfully or recklessly giving false information or withholding information, and contravention of section 66(8)
Any person who—
(a) wilfully or recklessly gives false information, or who withholds information, as to any of the matters in respect of which information is required to be given under this Ordinance or the regulations made thereunder; or
(b) contravenes the provisions of section 66(8),
shall be guilty of an offence and shall be liable to a fine at level 1 and to imprisonment for 6 months.
(Replaced 33 of 1960 s. 22. Amended E.R. 6 of 2019)

56. Interfering with mining, prospecting or the exercise of any right conferred by this Ordinance
Any person who—
(a) interferes with any mining or prospecting operations authorized by or under this Ordinance;
(b) obstructs any person in the exercise of any right conferred by or under this Ordinance;
(c) interferes with any machinery, plant, works or property established on, in, under or over any land in exercise of a right conferred by or under this Ordinance,
shall be guilty of an offence and shall be liable to a fine at level 1 and to imprisonment for 12 months. (Amended E.R. 6 of 2019)

### Mining Ordinance 《礦務條例》

57. Salting
Any person who places or deposits, or is an accessory to the placing or depositing of, any metal, ore or mineral in any place with intent to mislead any person as to the nature, quality or quantity of the mineral naturally occurring at such place, or who mingles or causes to be mingled with any sample of metal, mineral or ore, any valuable metal or any substance whatsoever which will increase or decrease the value or in any way change the nature of the said metal, mineral or ore, with intent to defraud any person, shall be guilty of an offence triable upon indictment and shall be liable to a fine at level 3 and to imprisonment for 5 years.
(Amended 50 of 1991 s. 4; E.R. 6 of 2019)

58. Liability of employer for offences committed by his employees
Whenever it is proved to the satisfaction of any court having jurisdiction that an offence against this Ordinance or the regulations has been committed by any employee of the holder of any licence or lease granted under this Ordinance, the employer shall be held to be liable for such offence and to the penalty provided therefor, unless he proves to the satisfaction of such court that the offence was committed without his knowledge or consent and that he had exercised all due diligence to prevent the commission of the offence:
Provided that nothing in this section shall be deemed to exempt the employee from the penalties provided for the offence committed by him.

59. Forfeiture
(1) It shall be lawful for a magistrate to order to be forfeited to the Government any minerals with respect to which any offence against section 35, 36, 38, 39 or 51 has been committed, whether any person has been convicted of such offence or not, and upon the making of such order for forfeiture the said minerals shall be deemed to be the property of the Government. (Amended 33 of 1960 s. 23)
(2) Before making any such order, the magistrate shall give to any person claiming or appearing to the magistrate to be the owner of or otherwise interested in such minerals an opportunity of being heard.
(3) It shall be lawful for the Chief Executive in his absolute discretion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds.
(Amended 57 of 1999 s. 3)

### Mining Ordinance 《礦務條例》

60. Service of documents
Save as is otherwise expressly provided, any notice or other document required or authorized to be served under this Ordinance or the regulations may be served either—
(a) by delivering it to the person on whom it is to be served; or
(b) by leaving it at the usual or last known place of abode or business of that person; or
(c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode or business; or
(d) in the case of an incorporated company, by delivering it to the secretary of the company at its registered or principal office or sending it in a prepaid registered letter addressed to the secretary of the company at that office.

61. Right of the Chief Executive to take materials
The grant of any licence or lease under this Ordinance shall not limit the power of the Chief Executive to take from the land the subject of the licence or lease any materials required for the construction of railways, roads, buildings or other public works, and such other materials as are not included in the licence or lease, but so that such taking shall not interfere with or hinder any mining operations carried on under such licence or lease.
(Amended 57 of 1999 s. 3)

62. Government servants prohibited from acquiring rights
No person while in the service of the Government shall, directly or indirectly, acquire or hold for his own benefit any right or interest under any prospecting or mining licence or mining lease, and any licence or lease or other document or transaction purporting to confer any such right or interest on any such person shall be null and void.
(Amended 57 of 1999 s. 3)

63. Officers empowered to conduct prosecutions
Notwithstanding the provisions of any other enactment, any mines officer authorized in writing by the Commissioner, either generally or in any particular case, may conduct the prosecution of any offence against this Ordinance or the regulations.

64. Lateral limits
The lateral limits of the area in respect of which a prospecting or mining licence or mining lease is granted, shall be vertical planes passing through the surface boundaries of such area.