### Antiquities and Monuments Ordinance 《古物及古蹟條例》

3. Declaration of monuments and plans thereof
(1) Subject to section 4, the Authority may, after consultation with the Board and with the approval of the Chief Executive, by notice in the Gazette, declare any place, building, site or structure, which the Authority considers to be of public interest by reason of its historical, archaeological or palaeontological significance, to be a monument, historical building or archaeological or palaeontological site or structure. (Amended 38 of 1982 s. 4. 59 of 2000 s. 3)
(2) A declaration under subsection (1) may include as part of a monument any land adjoining the place, building, site or structure required for fencing, covering or protecting the monument or for providing or facilitating access thereto.
(3) A notice under subsection (1) shall include a reference to the appropriate plan deposited under subsection (4).
(4) The Authority shall, before publication of a declaration under subsection (1)—
(a) sign and deposit in the Land Registry a plan clearly showing the situation of the place, building, site or structure intended by the Authority to be declared to be a monument; and (Amended 38 of 1982 s. 4; 20 of 2002 s. 5)
(b) if the declaration relates to a monument within private land, register the declaration in the Land Registry. (Amended 8 of 1993 s. 2)
(5) The Authority shall—
(a) keep available at his office, for public inspection at all reasonable times, a copy of every plan deposited under subsection (4); and
(b) at the request of the owner or a lawful occupier of a monument which is shown on a plan so deposited, deliver a copy of the plan free of charge to the owner or occupier.

### Antiquities and Monuments Ordinance 《古物及古蹟條例》

4. Objection to declaration of monument within private land
(1) If a place, building, site or structure intended by the Authority to be declared a monument is within private land, then, prior to the making of the declaration, the provisions of this section shall have effect.
(2) The Authority shall serve on the owner and any lawful occupier of the private land a notice in writing of his intention to declare a monument therein, together with a plan clearly showing the situation of the intended monument.
(2A) The Authority shall fix to the private land a copy of the notice and plan served under subsection (2). (Added 38 of 1982 s. 5)
(3) Within 1 month, or such longer period as may be allowed by the Chief Executive in any particular case, after the service of a notice under subsection (2), the owner or a lawful occupier may object by petition to the Chief Executive to the intended declaration.
(4) The Chief Executive, upon considering an objection made under subsection (3), may direct that—
(a) the intended declaration shall not be made; or
(b) the objection be referred to the Chief Executive in Council.
(5) The Chief Executive in Council, upon considering an objection referred to him under subsection (4), may direct that—
(a) the intended declaration be made by the Authority in accordance with section 3;
(b) the intended declaration be so made, subject to such variations or conditions as he thinks fit; or
(c) the intended declaration shall not be made.
(6) A direction of the Chief Executive under subsection (4)(a) or of the Chief Executive in Council under subsection (5) shall be final.
(Amended 38 of 1982 s. 5; 59 of 2000 s. 3)

### Antiquities and Monuments Ordinance 《古物及古蹟條例》

5. Control of monuments generally
(1) Subject to this section, the Authority, and any designated person authorized by him in writing, may, for the purposes of this Ordinance, at all reasonable times—
(a) enter and inspect any proposed monument or monument;
(b) with the prior approval of the Chief Executive— (Amended 59 of 2000 s. 3)
(i) fence, repair, maintain, preserve or restore any proposed monument or monument;
(ii) excavate or search for relics in any proposed monument or monument and remove any relics hitherto undiscovered. (Amended 38 of 1982 s. 6)
(2) Neither the Authority nor a designated person authorized by him may enter any residential premises, in the exercise of the powers conferred by subsection (1), unless—
(a) he first obtains the consent in writing of the lawful occupier of such premises; or
(b) he has given to the lawful occupier thereof not less than 48 hours’ notice in writing of his intention to enter.(Amended E.R. 6 of 2019)
(3) Nothing in this section shall authorize—
(a) the exclusion from any part of a proposed monument or monument of—
(i) the owner or lawful occupier of the proposed monument or monument;
(ii) a person beneficially interested in the proposed monument or monument; or
(iii) a person authorized by such owner, occupier or person beneficially interested in the proposed monument or monument; or
(b) the excavation of a proposed monument or monument or the search for relics in residential premises, without the consent of the owner and the lawful occupier of the residential premises. (Amended 38 of 1982 s. 6)

### Antiquities and Monuments Ordinance 《古物及古蹟條例》

6. Acts prohibited in relation to certain monuments except under permit
(1) Subject to subsection (4), no person shall—
(a) excavate, carry on building or other works, plant or fell trees or deposit earth or refuse on or in a proposed monument or monument; or
(b) demolish, remove, obstruct, deface or interfere with a proposed monument or monument,
except in accordance with a permit granted by the Authority. (Amended 38 of 1982 s. 7)
(2) A person aggrieved by the refusal of the Authority to grant him a permit may, within 14 days after the date of such refusal, appeal by way of petition to the Chief Executive who may confirm, vary or reverse the refusal.
(3) The decision of the Chief Executive on the appeal shall be final.
(4) The Authority may, after consultation with the Board and with the approval of the Chief Executive, by notice in the Gazette, declare any proposed monument or monument to be exempt from this section. (Amended 38 of 1982 s. 7)
(Amended 59 of 2000 s. 3)

7. Grant of sums for preservation, etc., of monuments
The Authority may, with the prior approval of the Chief Executive, grant to a person who proposes to carry out work for the maintenance, preservation or restoration of a monument such sum as the Authority thinks fit for the purpose of assisting the person to carry out the work.
(Amended 59 of 2000 s. 3)

8. Compensation
(1) Subject to this section, the Authority may, with the prior approval of the Chief Executive, pay to the owner or lawful occupier of a proposed monument or monument compensation in respect of financial loss suffered or likely to be suffered by him by reason of— (Amended 59 of 2000 s. 3)
(a) the exercise by the Authority, or by a designated person authorized by him, of the powers specified in section 5(1); or
(b) a refusal to grant a permit or any conditions imposed in a permit.
(2) The compensation shall be such amount as may be—
(a) agreed between the Authority and the owner or lawful occupier of the proposed monument or monument; or
(b) assessed by the District Court under section 9.
(3) No compensation shall be awarded under this section in respect of financial loss which has been or may be suffered in connexion with a contract made or anything done by the owner or lawful occupier of the proposed monument or monument after the service of a notice under section 2A(4) or section 4(2).
(Amended 38 of 1982 s. 8)