### Sewage Tunnels (Statutory Easements) Ordinance 《污水隧道(法定地役權)條例》

4. Publication of plans
(1) Upon completion of the preparation of a plan under section 3, the Secretary shall cause to be published in the Gazette in both the Chinese and English languages a notice of the plan containing the particulars specified in subsection (2).
(2) A notice of a plan shall—
(a) either be published together with a copy of the plan to which it relates, or state where and at what times the plan may be inspected;
(b) describe the land situated on the route of the proposed tunnel;
(c) state the proposed minimum depth below the surface of the land at which the tunnel will lie;
(d) contain a statement to the effect that any person having an estate or interest evidenced in an instrument registered in the Land Registry in any land situated on the route of the proposed tunnel may object to the proposal under section 5 by lodging a notice in writing of his objection with the Director of Drainage Services within a period specified in the notice of the plan, being a period of not less than 2 months beginning on the date of publication of the notice of the plan;
(e) indicate that certain easements and other rights may be created in favour of the Government over such land on the expiry of the period specified for the purpose of paragraph (d) if no objection has been lodged before that expiry. (Amended 29 of 1998 s. 105)

5. Objections
(1) Subject to this section, any person who has an estate or interest evidenced in an instrument registered in the Land Registry in any land situated on the route of a proposed tunnel may object to the route or depth or both of the proposed tunnel.
(2) An objection under this section shall be made by notice in writing delivered to the Director of Drainage Services at any time during the period beginning on the publication of the notice of the plan of the proposed tunnel and ending with the expiry of the time specified in that notice for the purpose of section 4(2)(d).
(3) A notice of objection shall—
(a) describe the estate or interest of the objector in the land; and
(b) state the reasons for his objection.
(4) A notice of objection delivered pursuant to subsection (2) may be amended or withdrawn in writing at any time before an order is made under section 6 or 7, and if withdrawn shall be treated for the purposes of those sections as not having been delivered.

### Sewage Tunnels (Statutory Easements) Ordinance 《污水隧道(法定地役權)條例》

6. Procedure if no objection made
(1) Where the time for the making of an objection under section 5 has expired and no objection has been delivered to the Director of Drainage Services, the Secretary may order that section 10 shall apply in respect of any land identified in a plan prepared for the purposes of section 3 and described in the notice of the plan published under section 4.
(2) The Secretary shall publish in the Gazette notice of any order made by him under this section, and such notice shall describe the land to which the order applies.

7. Procedure if objection made
(1) Where at the expiry of the time for the making of an objection under section 5 an objection has been delivered under that section, the Chief Executive in Council shall consider such objection and may if he thinks fit order that section 10 shall apply in respect of any land identified in a plan prepared for the purposes of section 3 and described in the notice of the plan published under section 4.
(2) Where an order is made under subsection (1), the plan relating to the proposed tunnel shall be subject to such amendment as the Chief Executive in Council thinks fit.
(3) Notice of an order made by the Chief Executive in Council under this section shall be published in the Gazette and shall describe the land to which the order applies.
(4) Where a plan is amended by the Chief Executive in Council pursuant to subsection (2) such that the route of the proposed tunnel passes through land not previously identified in the plan as land situated on the route of the proposed tunnel, sections 3 to 6 and this section shall apply in respect of such amended part of the plan. 
(Amended 61 of 1999 s. 3)

8. Orders under section 6 or 7
(1) Notice of an order made under section 6 or 7 and published in the Gazette pursuant to those sections shall include a statement to the effect that claims for compensation under section 12 for loss or damage resulting from the creation or exercise of rights under this Ordinance may be submitted in writing to the Director of Lands within the period specified in that section and, if the Director of Lands rejects such claims in whole or in part, to the Lands Tribunal for final determination.
(2) An order made under section 6 or 7 and of which notice has been published in the Gazette pursuant to those sections shall take effect on the expiration of 14 days after the date of such publication.
(3) For the purposes of section 2 of the Land Registration Ordinance (Cap. 128), an order made under section 6 or 7 and applying in respect of any land shall be deemed to be an instrument by which such land may be affected, and shall be capable of being entered and registered as such in the Land Registry.

### Sewage Tunnels (Statutory Easements) Ordinance 《污水隧道(法定地役權)條例》

9. Deposit of plan and registration of order
Following the making of an order under section 6 or 7, the Secretary shall—
(a) deposit in the Land Registry a copy of the plan to which the order refers;
(b) as soon as practicable, and in any event not later than 14 days after the making of the order, deliver the order or a certified copy of the order to the Land Registry for registration under the Land Registration Ordinance (Cap. 128).

10. Statutory easements
(1) Subject to this Ordinance, the Government may exercise from time to time all or any of the following rights over any land identified in an order made under section 6 or 7, that is to say the right—
(a) to place and keep any sewage tunnel under such land and to transfer sewage through such tunnel; and
(b) to carry out tunnel works required for the purposes of paragraph (a).
(2) Rights shall only be exercisable under subsection (1) where there is a cover to the sewage tunnel or tunnel works, as the case may be, of not less than 30 metres of bedrock.
(3) The rights conferred by this section on the Government may be exercised by any employee, servant or agent of the Government authorized for the purpose or by any other person authorized on the Government’s behalf for the purpose.
(Amended 29 of 1998 s. 105)

### Sewage Tunnels (Statutory Easements) Ordinance 《污水隧道(法定地役權)條例》

11. Rectification of plan
(1) The Chief Executive may, at the request in writing of the Secretary, direct that any plan referred to in an order made under section 6 or 7 shall be rectified so as to accord with the route of a tunnel as constructed, and any such direction together with any document or material containing the rectification shall be deposited in the Land Registry and annexed to the copy of the plan deposited under section 9. (Amended 61 of 1999 s. 3)
(2) Where any document or material evidencing the rectification of a plan is deposited in the Land Registry under subsection (1), the Secretary may by notice published in the Gazette order that any reference in this Ordinance or any order under this Ordinance to a plan shall be construed as including a reference to a plan as so rectified.
(3) Section 9 shall apply in relation to the delivery for registration of an order made under subsection (2) as it applies in relation to the delivery for registration of an order made under section 6 or 7.
(4) Where a direction made by the Chief Executive under subsection (1) for the rectification of any plan identifies land situated on the route of a tunnel as constructed, being land not previously identified in the plan for the purposes of section 3, the Secretary may by notice published in the Gazette order that any reference in this Ordinance to land identified in an order made under section 6 or 7 shall be construed as including a reference to land so identified in the direction. (Amended 61 of 1999 s. 3)
(5) Subject to section 12, where an order has been made under subsection (4), no action shall lie in respect of any act done by the Government prior to the making of the order in the purported exercise of rights conferred under section 10 which would, if done subsequent to the making of the order, be lawfully and validly done. (Amended 29 of 1998 s. 105)