### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

6. Inspection and survey
(1) For the purposes of preparing a plan and scheme mentioned in section 5 or any amendment or any substitute plan or scheme and failing agreement with any person affected as to the grant of the powers required by the Secretary, the Secretary may, subject to subsection (2), enter any land or building at all reasonable times and may there—
(a) make any inspection, site investigation or test, including drilling, excavating and the installation or removal of instruments;
(b) survey and take levels;
(c) set out any line of works.
(2) The Secretary shall give at least 28 days’ notice of his intention to exercise the powers mentioned in subsection (1) and that notice— (Amended E.R. 1 of 2021)
(a) shall describe the purpose of the entry; and
(b) shall be served on the owner and occupier of the land or building.
(3) Compensation shall be payable in respect of the exercise of the power mentioned in subsection (1) as it is payable under item 7 of Part II of the Schedule in respect of the exercise, of the power mentioned in section 19.

7. Amendment of plan and scheme
Any plan or scheme prepared for the purposes of section 5 and any marking or endorsement on any such plan may be amended and any plan or scheme may be replaced by a substitute plan or scheme but the Secretary shall as soon as practicable cause to be likewise amended, or replaced with the substitute, every copy referred to in section 8.

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

8. Deposit and publication
(1) A copy of the plan and scheme prepared for the purposes of section 5 or 7, signed by the Secretary, shall be deposited in the Land Registry and shall be available for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during the hours when those offices are normally open to the public. (Amended 8 of 1993 s. 2)
(2) The Secretary shall within 21 days of the deposit of a copy of a plan and scheme in the Land Registry or of any amendment to such copy or the deposit of a substitute plan and scheme cause a notice of such deposit or amendment to be published containing— (Amended 8 of 1993 s. 2)
(a) a description of the general nature of the works or of the nature and extent of the amendment to the works; and
(b) particulars of the places and times at which a copy of the plan and scheme, or details of the amendment or a copy of the substitute plan and scheme may be inspected by the public in conformity with subsection (1).
(3) The notice mentioned in subsection (2) must be published— (Amended 25 of 2023 s. 76)
(a) in 2 issues of the Gazette in both the Chinese and English languages;
(ab) on the website specified by the Secretary; (Added 25 of 2023 s. 76)
(b) in 2 issues of a Chinese language newspaper;
(c) in 2 issues of an English language newspaper; and
(d) by affixing copies in the Chinese and English languages in such prominent positions within the works area as may be appropriate for the purpose drawing the notice to the attention of the public.
(4) The Secretary must, by notice in writing, advise the District Council of the District in which the works are to be situated of the deposit of the plan and scheme under subsection (1) and, at the same time, supply that District Council with a copy of the plan and scheme. (Amended 25 of 2023 s. 76)
(5) A copy of the plan and scheme shall be supplied to any person on application and payment of the reasonable cost of producing that copy.

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

9. Decision not to execute works
Where the Secretary decides not to execute the works in respect of which a copy of a plan has been deposited under section 8, he shall, as soon as practicable, cause a notice to that effect to be published in the manner mentioned in section 8(3); and, upon that publication, the powers mentioned in section 6(1), 11(7), 13(1), 15(1), 17(1), 19(1), 20(1), 21(1), 22 or 23(1) shall cease to be exercisable in relation to those works:
Provided that this section shall not affect anything lawfully done under this Ordinance before that publication or any rights (including rights to compensation) then accrued under this Ordinance in respect of the exercise of any of those powers.

10. Objections
(1) Any person may, by notice in writing delivered to the Secretary not later than 60 days after the first publication of the notice mentioned in section 8(2), object to the works or the use or both. (Amended 25 of 2023 s. 77)
(2) A notice of objection shall describe the interest of the objector and the manner in which he alleges he will be affected by the works or the use.
(3) An objection lodged on a ground relating to any compensation (whether monetary or non-monetary) or any financial or other assistance (compensation or assistance

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

12. Exercise of powers
Where the Secretary proceeds with the works under section 11(1) or the Chief Executive in Council authorizes the works under section 11(2), 11(4) or 11(5), then, subject to the terms of the scheme considered or amended by the Chief Executive in Council and to any subsisting modification or condition imposed by the Chief Executive in Council, the powers mentioned in section 11(7), 13(1), 15(1), 17(1), 19(1), 20(1), 21(1), 22 or 23(1) may be exercised for the purposes of or incidental to the works or the use.
(Amended 25 of 2023 s. 92)