### Mining Ordinance 《礦務條例》

7. Holder of mining title not resident in Hong Kong to appoint attorney resident in Hong Kong
(1) When not resident in Hong Kong every holder of a prospecting or mining licence and every lessee of a mining lease shall at all times have a duly authorized attorney, approved by the Director of Lands, resident in Hong Kong, with full power to represent the holder or lessee in all matters relating to his licence or lease, and shall, within 1 month after appointing such attorney or making any change in such appointment, produce to the Director of Lands the original of the power of attorney or of the document whereby such power of attorney is altered, and supply a copy thereof for his retention. (Amended 57 of 1999 s. 3)
(2) If the holder of a prospecting or mining licence or the lessee of a mining lease fails to comply with any of the provisions of subsection (1), the Director of Lands may, by a notice published in the Gazette, prohibit the continuance of operations in the area the subject of the licence or lease.
(3) If any such default continues for 3 months after the publication of the notice mentioned in subsection (2), the Director of Lands may, by a further notice published in the Gazette, revoke the licence or lease.
(Amended 8 of 1993 s. 3; L.N. 291 of 1993; E.R. 6 of 2019)

8. Plans of prospecting and mining operations
(1) Every holder of a prospecting or mining licence and every lessee of a mining lease shall, at all times, keep correct plans of all prospecting or mining done, and correct records of all minerals found and ore reserves calculated on the area the subject of his licence or lease, and shall supply to the Commissioner, on request, copies of such plans and records. (Amended 33 of 1960 s. 26)
(2) The plans required to be kept by subsection (1) shall be on the on the prescribed scale.

### Mining Ordinance 《礦務條例》

9. Lands excluded from prospecting and mining
(1) No prospecting licence, mining licence or mining lease granted under this Ordinance shall be deemed to authorize prospecting or mining on or in, or the occupation of, any of the following lands— (Amended 11 of 2007 s. 36)
(a) land set apart for, or used for or appropriated or dedicated to, any public purpose (other than mining), except with the prior consent in writing of the Director of Lands and subject to such conditions as he may impose; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)
(b) land appropriated for any railway or situate within 100 metres of any railway, except with the prior consent in writing of the Kowloon-Canton Railway Corporation and subject to such conditions as it may impose; (See G.N. 67 of 1960) (Amended L.N. 87 of 1986; 11 of 2007 s. 36)
(c) land which is the site of, or is within 100 metres of, any Government or public building, the limits of any reservoir or catchment area, or any road in use by vehicular traffic, or any land which is the site of or forms part of any thoroughfare, except with the prior consent in writing of the Director of Lands and subject to such conditions as he may impose; (Amended L.N. 76 of 1982; L.N. 87 of 1986; L.N. 94 of 1986; L.N. 291 of 1993)
(d) land actually under cultivation, except with the prior consent in writing of the owner and any lawful occupier of the land;
(e) land which is the site of, or is within 100 metres of, any building, except with the prior consent in writing of all persons having any estate or interest in such land or building. (Amended L.N. 87 of 1986)
(2) During the Concession Period within the meaning of section 2(1) of the Mass Transit Railway Ordinance (Cap. 556), in subsection (1)(b)—
(a) railway (鐵路) means KCRC Railway

### Mining Ordinance 《礦務條例》

10. Royalties
There shall be paid in respect of all minerals obtained in the course of prospecting or mining operations such royalties as may be prescribed:
Provided that no royalty shall be payable on any mineral sample certified by the Commissioner as being required solely for the purpose of assay or experiment or as a scientific specimen and not being of a greater quantity than in his opinion is necessary for such purpose. (Amended 33 of 1960 s. 26)

11. Chief Executive may close areas to prospecting or mining
(1) The Chief Executive may, by notice in the Gazette, declare any area to be closed to prospecting or mining, either generally or for any specified mineral and for such period as may be specified in such notice or without period assigned, and thereupon a prospecting licence, mining licence or mining lease, whether granted before or after publication of such notice, shall not be taken to authorize the holder or lessee to prospect or mine, as the case may be, in contravention of the terms of such notice.
(2) The Chief Executive may grant authority on such terms as he may think fit to any person (including the holder of any existing licence or lease) to prospect or mine in, under or upon any land which has been declared to be closed to prospecting or mining.
(Amended 57 of 1999 s. 3)

12. Compensation where action is taken under section 11
(1) Where any area has been closed to prospecting or mining under section 11 compensation shall be paid by the Chief Executive out of the general revenue to the holder of a prospecting or mining licence or the lessee of a mining lease who is adversely affected by such closure. (Replaced 33 of 1960 s. 4. Amended 57 of 1999 s. 3)
(2) Compensation shall be payable in the case of a prospecting licence in respect of disturbance and for the expenses incurred in prospecting the area and in the case of a mining licence or lease in respect of disturbance and for the loss of reasonable expectation of profits from proved minerals in, under or upon any land within the area in respect of which the mining licence or lease is held. (Replaced 33 of 1960 s. 4)
(3) Any dispute as to what are proved minerals in, under or upon any land to which this section relates, and any dispute as to whether any compensation is payable or as to the amount of such compensation, shall, in default of agreement, be determined by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap. 609). (Amended 17 of 2010 s. 112)
(Amended 33 of 1960 s. 4)