### Land Drainage Ordinance 《土地排水條例》

11. Powers of Chief Executive in Council upon submission
(1) Upon submission of the finalised draft plan under section 10, the Chief Executive in Council may— (Amended 61 of 1999 s. 3)
(a) approve it;
(b) refuse to approve it; or
(c) refer it to the Secretary for further consideration and amendment.
(2) The Chief Executive in Council may by notice in the Gazette correct any omission from or error in an approved plan.(Amended 61 of 1999 s. 3)
(3) On such approval being given, the Secretary shall, as soon as practicable, cause to be published in the Gazette in Chinese and English and in one issue of 2 Chinese language newspapers and one English language newspaper a notice—
(a) of such approval; and
(b) giving particulars of the place and times at which a copy of the approved plan may be inspected by the public.

12. Effect of publication of notice under section 11(3)
Upon the publication of a notice in the Gazette by the Secretary under section 11(3), this Ordinance shall apply with respect to the Drainage Authority Area and main watercourses designated in the approved plan and the draft plan notified under section 5 is thereby repealed provided that such repeal shall not affect anything lawfully done or any right to compensation under this Ordinance which has accrued prior to such repeal.

### Land Drainage Ordinance 《土地排水條例》

13. Refusal to approve plan
(1) If the Chief Executive in Council refuses to approve a finalised draft plan under section 11(1)(b), the Secretary shall, as soon as practicable, cause to be published in the Gazette in Chinese and English and in one issue of 2 Chinese language newspapers and one English language newspaper a notice of such refusal; and any such refusal shall be without prejudice to the preparation of a new draft plan in respect of the same Drainage Authority Area and the submission of the same to the Chief Executive in Council under this Ordinance. (Amended 61 of 1999 s. 3)
(2) Upon publication of a notice of refusal under subsection (1), the draft plan notified in the Gazette under section 5 is thereby repealed provided that such repeal shall not affect anything lawfully done or any right to compensation under this Ordinance which has accrued prior to such repeal.

14. Reference to amend a plan under section 11(1)(c)
(1) Upon a reference under section 11(1)(c), the Secretary shall, as soon as practicable, cause to be published in the Gazette in Chinese and English and in one issue of 2 Chinese language newspapers and one English language newspaper a notice of such reference.
(2) Upon the publication of a notice in the Gazette under subsection (1), this Ordinance shall continue to apply with respect to the Drainage Authority Area shown and the main watercourses designated in the draft plan notified in the Gazette under section 5 until the publication of a notice of the draft Drainage Authority Area plan prepared under subsection (4).
(3) Upon a reference under section 11(1)(c), the Secretary may direct the Drainage Authority to prepare a new draft Drainage Authority Area plan incorporating such amendments as the Secretary thinks fit to replace the plan referred, or a plan showing such amendments as the Secretary thinks fit.
(4) Upon the direction given under subsection (3), the Drainage Authority shall prepare a new draft Drainage Authority Area plan or a plan showing such amendments and publish it in accordance with section 5(1) or (5), as the case may be, and such plan shall be deposited in accordance with section 5(7).

15. Deposit of copies of approved plan
A copy of the approved plan, certified as such by the Secretary, shall be deposited in the Land Registry and shall be available for inspection by any person without payment of any fee.

16. Availability of Drainage Authority Area plans
The Drainage Authority shall, after a finalised draft plan has been approved under section 11(1)(a), secure that printed copies of the approved plan are available at his office, on payment of such fee as he may determine, for purchase.

### Land Drainage Ordinance 《土地排水條例》

17. Revocation and replacement of approved plans
(1) The Chief Executive in Council may— (Amended 61 of 1999 s. 3)
(a) revoke in whole or in part any approved plan; or
(b) refer any approved plan to the Secretary for replacement by a new draft plan.
(2) Notification of any revocation or reference under subsection (1) shall be published as soon as practicable in the Gazette and in one issue of 2 Chinese language newspapers and one English language newspaper, and noted by the Land Registrar on the copy of the approved plan deposited under section 15.
(3) Upon any reference under subsection (1)(b), a new draft plan intended to replace the approved plan referred to shall be prepared, exhibited, submitted and deposited in accordance with this Ordinance in like manner as the plan it is intended to replace.
(4) Upon publication of a notice of revocation, the approved plan is thereby repealed provided that such repeal shall not affect anything lawfully done or any right to compensation under this Ordinance which has accrued prior to such repeal.

### Land Drainage Ordinance 《土地排水條例》

19. Temporary works
(1) In addition to executing any drainage works under section 18, the Drainage Authority, his agent, or any independent contractor employed and authorized for the purpose by the Drainage Authority may, subject to section 22, construct, lay, erect, remove and maintain any temporary works, that is to say, any dams, flumes, diversion channels, culverts, fences, stores, offices or any other works or things required for the purpose of or connected with such drainage works.
(2) Where the Drainage Authority, his agent, or any independent contractor employed and authorized for the purpose by the Drainage Authority intends to execute or maintain such temporary works as are authorized under subsection (1), the Drainage Authority shall give at least 7 days’ notice of such intention to the occupier and owner of any land affected by the proposed temporary works and inform such occupier and owner of their right to compensation under section 36 unless it appears to the Drainage Authority that an emergency exists which necessitates immediate temporary works and the decision of the Drainage Authority that the particular case is one of emergency shall be final and binding on all persons.
(3) In cases of emergency the Drainage Authority shall, as soon as practicable after the commencement of the temporary works, serve a notice on the occupier and owner of any land upon or within which the works are executed informing them of their right to claim compensation under section 36.
(4) A person shall not, without lawful excuse, interfere with, remove or damage any temporary works.

### Land Drainage Ordinance 《土地排水條例》

20. Power to require removal of obstruction from main watercourse
(1) Where in the opinion of the Drainage Authority, obstructions block any main watercourse or impede its free flow or are 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 obstructions are situated; or
(b) any person causing the obstructions,
to remove such obstructions within such time as may be specified in the notice.
(2) If an obstruction in respect of which a notice has been 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 obstruction 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.
(3) In cases of emergency the Drainage Authority, his agent, or any independent contractor employed and authorized for the purpose by the Drainage Authority may execute such works to remove any obstruction as may appear to him to be necessary without notice to the occupier, owner or person referred to in subsection (1) and the Drainage Authority may recover the expenses, including supervision charges, reasonably incurred in doing so from any such occupier, owner or person and the decision of the Drainage Authority that the particular case is one of emergency shall be final and binding on all persons.