### Electricity Networks (Statutory Easements) Ordinance 《供電網絡(法定地役權)條例》

1. Short title
This Ordinance may be cited as the Electricity Networks (Statutory Easements) Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
approved scheme

3. Provisions of Ordinance to apply to power company by order of Chief Executive in Council
(1) Where the Chief Executive in Council is satisfied that a power company is carrying out or is about to carry out any works relating to an electricity network across any land in Hong Kong in accordance with the terms of a scheme approved by the Secretary for Development for the purposes of this section, the Chief Executive in Council may, at the request of the company made in writing to the Secretary for Development, order that the provisions of this Ordinance shall apply to the company for the purpose of enabling the company to carry out such works in accordance with the approved scheme. (Amended L.N. 245 of 1981; L.N. 244 of 1989; 61 of 1999 s. 3; L.N. 330 of 1999; L.N. 106 of 2002; L.N. 130 of 2007)
(2) Before an order is made under this section in respect of an electricity network, the approved scheme relating thereto shall be deposited in the Land Registry.(Amended 8 of 1993 s.2)
(3) It shall be sufficient for the purposes of an order made under this section to refer therein to an approved scheme by the description and date assigned thereto in the Land Registry for the purposes of subsection (2). (Amended 8 of 1993 s. 2)

### Electricity Networks (Statutory Easements) Ordinance 《供電網絡(法定地役權)條例》

4. Statutory easements
(1) Subject to this Ordinance, a power company specified in an order made under section 3 may, in accordance with the terms of the approved scheme relating to the electricity network in respect of which the order is made, exercise from time to time all or any of the following rights in or over land situated on the route of such electricity network—
(a) the right to place and retain any electric line above or below ground across such land; and
(b) the right to carry out any works required for the purposes of paragraph (a) on such land, including the right to excavate, drain, remove or cover over any part of the soil of such land, and to lop, cut or remove any trees, shrubs, growing crops or vegetation of any kind on such land which obstruct or interfere with any electric line; and
(c) the right to enter on and pass over or under such land with such persons, animals, vehicles and equipment and to do all such acts thereon as may be necessary for or incidental to the exercise of any right conferred by this section,
but nothing in this section shall authorize the power company to place, construct, erect or retain any permanent structure, pole, mast or pylon on such land.
(2) In this section land

5. Easements not to have effect until order registered
(1) The rights conferred by section 4 shall not be exercisable in or over any land by virtue of an order made under section 3 unless the order is registered under the Land Registration Ordinance (Cap. 128).
(2) It shall be the duty of the power company specified in an order made under section 3 to register the order under the Land Registration Ordinance (Cap. 128) not later than 14 days after the date of publication of the order in the Gazette.

### Electricity Networks (Statutory Easements) Ordinance 《供電網絡(法定地役權)條例》

6. Registration of order to be advertised in press
(1) Where an order made under section 3 is registered under the Land Registration Ordinance (Cap. 128), the power company specified in the order shall, once in each of 2 consecutive weeks, publish in 2 Chinese language newspapers and an English language newspaper an advertisement containing the matters specified in subsection (2) in respect of such order:
Provided that—
(a) such period of 2 consecutive weeks shall, for the purposes of this section, be deemed to commence on the date of publication of the first such advertisement;
(b) the first such advertisement shall be so published not later than 14 days after the date of registration of such order.

(2) An advertisement published under this section shall contain—
(a) a statement of the fact that an order made under section 3 has been registered under the Land Registration Ordinance (Cap. 128);
(b) the number and date of the order, the date of registration and the number of the memorial thereof;
(c) particulars of the land affected by the order;
(d) a statement of the rights exercisable in or over such land under this Ordinance;
(e) the name and business address of the power company specified in the order; and
(f) a statement that claims for compensation under section 10 may be submitted in writing to the company at that address not later than 12 months after the date of registration of the order and, if the parties fail to agree, to the Lands Tribunal for final determination.

### Electricity Networks (Statutory Easements) Ordinance 《供電網絡(法定地役權)條例》

7. Rectification etc. of approved scheme
(1) The Chief Executive may, at the request in writing (addressed to the Secretary for Development) of a power company specified in an order made under section 3, direct that the terms of the approved scheme in respect of which the order is made shall be rectified, modified or varied in such manner and to such extent as may be agreed in writing by the company and the Secretary for Development, and any such agreement shall be deposited in the Land Registry and annexed to the copy of the scheme deposited therein under section 3(2). (Amended L.N. 245 of 1981; L.N. 244 of 1989; 8 of 1993 s. 2; 61 of 1999 s. 3; L.N. 330 of 1999; L.N. 106 of 2002; L.N. 130 of 2007)
(2) Where an agreement for the rectification, modification or variation of the terms of an approved scheme is deposited in the Land Registry under subsection (1), the Chief Executive may by order declare that, subject to subsection (3), the approved scheme shall have effect subject to such rectification, modification or variation, as the case may be; and any reference in this Ordinance or any order thereunder to an approved scheme shall be construed as including a reference to an approved scheme as so rectified, modified or varied. (Amended 8 of 1993 s. 2; 61 of 1999 s. 3)
(3) Where the terms of an approved scheme are rectified, modified or varied by an order made under subsection (2) in such manner or to such extent that—
(a) any part of the route of the electricity network comprised in the scheme is altered; or
(b) any reference therein to land is added or substituted,
the rights conferred by section 4 shall not be exercisable in or over any land affected by the part of the route which is so altered or in respect of which such reference is so added or substituted unless the order is registered under the Land Registration Ordinance (Cap. 128).
(4) Sections 5(2) and 6 shall apply in relation to the registration of an order made under subsection (2) as they apply in relation to the registration of an order made under section 3.

### Electricity Networks (Statutory Easements) Ordinance 《供電網絡(法定地役權)條例》

8. Right of access over other land
(1) Subject to this Ordinance, where—
(a) a power company specified in an order made under section 3 intends to carry out any works relating to the electricity network in respect of which the order is made; and
(b) it is necessary for that purpose for the company’s officers, servants or agents or other persons authorized by the company to enter on and cross over any land in order to gain access to the site of such works,
the company, its officers, servants or agents or other persons authorized by the company in that behalf may enter on and cross over such land to and from such site with such persons, animals, vehicles and equipment as may be necessary for or incidental to the carrying out of such works.
(2) Nothing in this section shall apply to unleased land within the meaning of the Land (Miscellaneous Provisions) Ordinance (Cap. 28) which is not occupied under Part II of that Ordinance. (Amended 29 of 1998 s. 70)