### Tai Lam Tunnel and Yuen Long Approach Road Ordinance 《大欖隧道及元朗引道條例》

61. Non-derogation from Government’s rights
(1) Nothing in this Ordinance or the project agreement shall affect any rights of the Government or any servant or agent thereof to enter any land affected by the construction works or do anything thereon which he might have done if those works had not been undertaken except to the extent that the exercise of such rights is limited by any express provision of this Ordinance or that agreement or by necessary implication from their provisions.
(2) Subsection (1) shall not enable the Government, its servants or agents to exercise any such rights as are referred to in that subsection in a manner which would derogate from any rights granted to the Company under this Ordinance.

62. Payment or reimbursement of moneys owing to the Government
(1) Where, under this Ordinance, a person becomes liable to pay to the Government an amount of money or reimburse it for any amount paid by it, the amount shall be paid or reimbursed, subject to the presentation of receipts or other appropriate evidence in support, within 30 days of a demand in writing being made in respect thereof.
(2) Where a person who has made a payment or reimbursed the Government under subsection (1) wishes to dispute that the whole or any part of the amount was properly incurred or paid by the Government, that person may give notice to the Government as regards the amount in dispute and if no agreement can be reached between such person and the Government within 30 days beginning on the date the notice is given, the question whether the amount was properly incurred or paid by the Government shall be referred to arbitration.

63. Limitation of liability
(1) No liability shall be imposed upon the Government or any public officer—
(a) by reason of the fact that—
(i) the construction works are carried out in accordance with this Ordinance or the project agreement; or
(ii) the construction works or the designs, structural details, calculations, method and programme of construction or conditions of contract relating thereto are under this Ordinance or the project agreement subject to inspection or approval by a public officer; or
(b) in respect of the maintenance or operation of the Tai Lam Tunnel and Yuen Long Approach Road by the Company.
(2) Except where this Ordinance or the project agreement otherwise requires, nothing in this Ordinance or the project agreement shall be construed as making it obligatory for the Director or the Commissioner to inspect the construction works, or after the operating date, the Tai Lam Tunnel and Yuen Long Approach Road, to ascertain that the provisions of this Ordinance or the project agreement are complied with or that any designs, structural details, calculations or other documents, certificates and notices submitted to him are accurate.

### Tai Lam Tunnel and Yuen Long Approach Road Ordinance 《大欖隧道及元朗引道條例》

64. Secretary, Director and Commissioner to give effect to the project agreement
Where this Ordinance confers a discretion or authority upon the Secretary, the Director or the Commissioner, he shall, in addition to taking into consideration any matters which he is by this Ordinance required or permitted to take into consideration and other matters which he considers proper, exercise that discretion or authority so as to give effect to the terms of the project agreement.

65. (Omitted as spent—E.R. 4 of 2023)

### Land Survey Ordinance 《土地測量條例》

1. Short title
(Amended E.R. 4 of 2023)(1) This Ordinance may be cited as the Land Survey Ordinance.
(2) (Omitted as spent—E.R. 4 of 2023)

### Land Survey Ordinance 《土地測量條例》

3. Land Survey Authority
The Director of Lands shall be the Land Survey Authority.

4. Functions of the Authority
The functions of the Authority are—
(a) to maintain land boundary records;
(b) to advise the Secretary regarding alleged commission of disciplinary offences by authorized land surveyors; and
(c) such other functions as are imposed or conferred on him by or under this Ordinance or any other enactment.

5. Delegation by the Authority
The Authority may delegate all or any of his functions under this Ordinance to such public officers or class of public officers specified by him for the purpose of this section by notice in the Gazette and different functions may be so delegated to different public officers or classes of public officers.

6. Appointment of Land Surveyors Registration Committee
(1) The Secretary shall appoint a committee to be known as the Land Surveyors Registration Committee consisting of—
(a) the Authority as the chairman;
(b) 2 public officers from the Lands Department who—
(i) have at least 5 years land boundary survey experience in Hong Kong; and
(ii) are nominated by the Authority;
(c) subject to subsection (2), 3 persons, not being public officers, who—
(i) have at least 5 years land boundary survey experience in Hong Kong; and
(ii) are nominated by the Institute.
(2) The persons to be appointed under subsection (1)(c), other than the persons to be appointed to form the first Committee, shall, in addition to fulfilling the requirements set out in that subsection, be authorized land surveyors.
(3) The Registrar shall, as soon as it is practicable after the first Committee is appointed under subsection (1), enter in the register the names of the members of the first Committee who were appointed under subsection (1)(c).
(4) For the avoidance of doubt, it is declared that upon the entry in the register of the names of the members of the first Committee who were appointed under subsection (1)(c), such members become authorized land surveyors and shall pay to the Registrar the prescribed fee for registration.

### Land Survey Ordinance 《土地測量條例》

7. Tenure of office
(1) A member (other than the chairman) of the Committee—
(a) shall be appointed for such period not exceeding 2 years as may be specified in the terms of his appointment;
(b) (other than a public officer) may resign by giving notice in writing to the Secretary; and
(c) may be reappointed.
(2) If a member of the Committee—
(a) has become bankrupt or has entered into a composition or scheme of arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap. 6);
(b) has become so incapacitated by physical or mental illness as to be unable to perform his function as such member;
(c) has been sentenced to imprisonment, whether suspended or not, by any court or magistrate in Hong Kong or elsewhere;
(d) has been absent from the meetings of the Committee for a continuous period of 6 months; or
(e) has committed a disciplinary offence,
the Secretary may by notice in writing remove him from his office.
(3) If any vacancy occurs by reason of the death, resignation or removal of a member of the Committee or otherwise, the Secretary shall, as soon as it is practicable, appoint a person who is of the same category under section 6(1) as that member to fill the vacancy and every person so appointed shall hold office for the residue of the term for which his predecessor was appointed.
(4) Where any member of the Committee is precluded from performing his function as a member for any period by reason of temporary absence from Hong Kong or temporary incapacity, the Secretary may appoint another person who is of the same category under section 6(1) as that member to hold office in place of that member for the period of the absence.
(5) The functions of the Committee are not affected by any vacancy in its membership.

8. Functions of the Committee
The functions of the Committee are—
(a) to establish and maintain a register of authorized land surveyors;
(b) to receive, examine, consider, accept or reject applications for registration, renewal of registration and reinstatement of names in the register;
(c) to examine and verify the qualifications of persons who apply for registration, renewal of registration and such reinstatement; and
(d) such other functions as are imposed or conferred on the Committee by or under this Ordinance.

9. Proceedings of the Committee
(1) Subject to this Ordinance, the Committee may regulate its own procedure.
(2) The quorum at a meeting of the Committee is the chairman and 3 other members.
(3) Questions shall be decided by a majority of votes of the chairman of the Committee and the members of the Committee present and, in case of an equality of votes, the chairman has a casting vote.