### Mining Ordinance 《礦務條例》

43. Functions of the Superintendent of Mines
In addition to any other functions prescribed by this Ordinance, the Superintendent shall—
(a) subject to the control and directions of the Commissioner, exercise general supervision over all mining and prospecting operations;
(b) prepare and render such records, reports and returns as may be prescribed by the regulations or as may be required by the Commissioner or the Chief Executive; and
(c) take into his custody any minerals declared by any court to be forfeited to the Government, and dispose of such minerals by sale, and after such sale, pay the proceeds to the Treasury.
(Amended 57 of 1999 s. 3)

44. Powers of mines officers
Any mines officer may—
(a) by notice in writing, require the holder of a prospecting or mining licence or the lessee under a mining lease or any person employed by such holder or lessee to appear before him at any reasonable time and place and give such information regarding prospecting or mining operations in or about the area the subject of the prospecting or mining licence or mining lease as he may possess, and every such holder or lessee or person shall comply with such notice and give such information;
(b) by order in writing, suspend work in the area, or any part thereof, the subject of any prospecting or mining licence or mining lease, until such arrangements have been made as are, in his opinion, necessary to prevent danger to life or property;
(c) cancel or vary the terms of any such notice or order; and
(d) exercise all the powers conferred upon labour inspectors by the Factories and Industrial Undertakings Ordinance (Cap. 59) in so far as they are applicable to prospecting or mining operations. (Replaced 34 of 1955 s. 15)

45. Power to enter upon land and inspect, etc.
A mines officer may—
(a) enter upon any land on which prospecting or mining is being carried out or in respect of which a prospecting or mining licence or a mining lease exists, and inspect such land and any works thereon;
(b) inspect and take copies of any registers, books, documents and plans connected with such prospecting or mining;
(c) take samples, make surveys and do any other act or thing necessary for the purpose of discharging his functions under this Ordinance or the regulations.

46. Public officers may be authorized to discharge functions of mines officer
The Commissioner may, by writing under his hand, authorize any public officer to discharge all or any of the functions of a mines officer under this Ordinance and the regulations, and where the authority is not general, it shall specify the functions which the public officer may discharge.

### Mining Ordinance 《礦務條例》

47. Accidents to be reported
(1) If in any mine, or in connexion with mining or prospecting operations, any accident causing loss of life occurs, the lessee or the holder of the licence shall within 24 hours of its occurrence report the accident to a mines officer and to the nearest police station.
(2) Any other accident occurring within the area of the lease or licence and resulting in disablement of any employee of the lessee or the holder of the licence so as to cause him to be incapable of performing his ordinary work for one day or more shall be reported to a mines officer by the lessee or the holder of the licence within 48 hours of its occurrence.
(3) If, in any mine, or in connexion with mining or prospecting operations, any dangerous occurrence, as specified in the regulations made under the Ordinance, takes place, whether any personal injury has been caused or not, the lessee or the holder of the licence shall within 24 hours report such occurrence to a mines officer, and in the case of such an occurrence in the New Territories to the appropriate District Officer.
(4) If any accident causing disablement is reported under subsection (2) and the person disabled subsequently dies as a result of the accident, notice in writing of the death shall be given within 24 hours thereof to a mines officer and to the police station nearest to the place where the accident occurred.
(5) Every report made under subsection (1) or (2) shall state the names of every person suffering death or disablement, the nature and extent of the injuries to every such person, and the circumstances in which the accident occurred, and may be made by telephone, orally or in writing.
(6) Every report made under subsection (3) shall be in writing, and in addition to any report required under subsection (1) or (2), and shall include particulars of the time of the occurrence of the accident, any damage to the building in which the accident occurred or to the machinery or plant therein, and the circumstances in which the accident occurred.
(Replaced 33 of 1960 s. 20. Amended E.R. 6 of 2019)

48. Commissioner of Mines to decide if inquiry by Superintendent shall be held in certain cases
If after receiving a report of the happening of an accident or of any dangerous occurrence and after such investigation, if any, as he may think necessary, the Commissioner is of the opinion that an inquiry into the cause of the accident or dangerous occurrence should be held, he shall instruct the Superintendent to hold such inquiry.

### Mining Ordinance 《礦務條例》

49. Procedure if inquiry conducted by Commissioner
(1) If, upon the holding of any inquiry by the Superintendent, the proceedings are frustrated or delayed owing to the unwillingness of any witness to attend before the Superintendent or to produce books or records or to answer any question, or if such frustration or delay is brought about by any other cause, the Superintendent shall remit the inquiry to the Commissioner, who for the purposes of making further inquiry shall have all the powers of a magistrate to summon witnesses, to call for the production of books and documents and examine witnesses and parties concerned on oath.
(2) Any person summoned to attend before the Commissioner or to produce books or documents as aforesaid who fails to do so, or who refuses to answer any question put to him by or with the concurrence of the Commissioner, shall be guilty of an offence and shall be liable to a fine at level 1: (Amended E.R. 6 of 2019)
Provided that no person shall be bound to incriminate himself, and every witness shall, in respect of any evidence given by him at such inquiry, be entitled to the same privileges as those to which he would have been entitled if giving evidence before a court.

50. Saving
Any inquiry held by virtue of the provisions of this Part shall not derogate in any way from the powers or jurisdiction exercisable by coroners under the Coroners Ordinance (Cap. 504).
(Amended 57 of 1967 Schedule; 27 of 1997 s. 78)

51. Unlawful prospecting and mining
Any person who—
(a) prospects, save under the authority of, and in accordance with the terms and conditions of, a valid prospecting licence;
(b) mines, save under the authority of, and in accordance with the terms and conditions of, a valid mining licence or mining lease;
(c) prospects or mines on any of the lands mentioned in section 9 without the requisite authority;
(d) prospects or mines in contravention of a declaration under section 11; or (Amended 33 of 1960 s. 21; 57 of 1999 s. 3)
(e) fails to comply with any order of the Commissioner under section 29,
shall be guilty of an offence and shall be liable to a fine at level 2 and to imprisonment for 2 years. (Amended E.R. 6 of 2019)