### Land (Miscellaneous Provisions) Ordinance 《土地(雜項條文)條例》

16B. Evidence by certificate
In any proceedings for an offence under this Ordinance, a certificate having attached thereto a map relating to any land in respect of which the offence is alleged to have been committed and purporting to be signed by an Estate Surveyor and certifying that—
(a) the land as shown on the map is unleased land; and (Amended E.R. 5 of 2020)
(b) (i) no licence, deed or memorandum of appropriation has been granted authorizing erection of a structure on the land; or
(ii) no removal permit has been granted authorizing the extraction and removal of earth, turf or stone from the land; or
(iii) no excavation licence has been granted authorizing the making or maintaining of any excavation in the land,
shall be admitted in evidence on its production without further proof and—
(A) until the contrary is proved it shall be presumed that the certificate was signed by an Estate Surveyor; and
(B) the certificate and the map attached thereto shall be prima facie evidence of the facts contained therein.
(Added 46 of 1982 s. 4)

16C. Certificate of record of information produced from Authority’s computer systems
(1) In any proceedings under this Ordinance before a court or magistrate, a document purporting—
(a) to be a copy of a record of any information produced from any of the computer systems of the Authority; and
(b) to be certified by the Authority as being such a copy,
shall be admitted in evidence on its production without further proof.
(2) Where a document is admitted in evidence under subsection (1)—
(a) the court or magistrate before which it is produced shall, until the contrary is proved, presume that—
(i) the document is a true copy of the record of information referred to in subsection (1)(a);
(ii) it was properly certified by the Authority for the purposes of subsection (1)(b); and
(iii) the record was duly made at the time (if any) referred to in the document as that at which it was made; and
(b) the document is prima facie evidence of the contents of the information referred to in subsection (1)(a).
(3) Where a document is admitted in evidence under subsection (1), the court or magistrate before which or whom it is produced may, if it or he thinks fit, on its or his own motion or on the application of any party to the proceedings in question, summon the person who purports to have certified the document for the purpose of subsection (1)(b) and examine him as to its subject matter.
(Added 17 of 2003 s. 5)

### Land (Miscellaneous Provisions) Ordinance 《土地(雜項條文)條例》

17. Use of force
An authorized person may use such force as may be necessary for the exercise of any power, the performance of any duty, or the carrying out of any function, under this Ordinance.

18. No claim to lie against Government, Authority or Secretary for Development
(Amended L.N. 130 of 2007)(1) Neither the Government nor the Authority shall be liable for any loss or damage suffered by any person in consequence of anything done under section 6, 10, 10A, 10B, 10C, 10D, 10E, 10F, 10J, 10K, 10L, 10M, 10O, 10P, 10Q, 10R, 10S, 10U, 12 or 18C by the Authority. (Amended 17 of 2003 s. 6)
(1A) Neither the Government nor the Secretary for Development shall be liable for any loss or damage suffered by any person in consequence of anything done under section 10N, 10O or 10P. (Added 17 of 2003 s. 6. Amended L.N. 130 of 2007)
(2) In this section, Authority (當局) includes any authorized person.

18A. Delegation
An Authority under this Ordinance may delegate any of its powers and functions to any public officer or class of public officer.
(Added 23 of 1973 s. 36)

18B. Appeals against decision
(1) A person who is aggrieved by a decision of the Review Board made in respect of him under section 10M(13) relating to an assessment made under section 10M(1)(d), (g), (h) or (i) may appeal to the Administrative Appeals Board.
(2) An appeal made under subsection (1) shall be made within 28 days from the date of service of a notice of the decision on the aggrieved person.
(3) Any prescribed fee determined to be refunded to an aggrieved person pursuant to a decision of the Administrative Appeals Board shall be paid by the Director of Highways and without interest.
(Added 17 of 2003 s. 7)

### Land (Miscellaneous Provisions) Ordinance 《土地(雜項條文)條例》

18C. Authority’s power to specify time limit and newly constructed street
(1) The Authority may, by notice published in the Gazette, specify—
(a) the time limit for the submission of an application for—
(i) the issue of an excavation permit or emergency excavation permit in relation to an excavation or any class of excavation; or
(ii) the extension of the period for which an excavation permit is valid in relation to an excavation or any class of excavation;
(b) a street or any class of streets as a newly constructed street or a class of newly constructed streets and the duration for which and the extent to which such street or such class of streets, as the case may be, shall not be used for any excavation.
(2) For the avoidance of doubt, it is declared that a notice published under subsection (1) is not subsidiary legislation.
(Added 17 of 2003 s. 7)

19. Regulations
(1) The Chief Executive in Council may make regulations for all or any of the following purposes— (Amended 3 of 2000 s. 3; 17 of 2003 s. 8)
(a) prescribing anything which is to be or may be prescribed under this Ordinance;
(b) providing for applications for licences or copies of licences;
(c) fixing fees for the issue of copies of licences;
(d) empowering any public officer to determine whether land occupied or to be occupied under a licence is being or will be occupied for non-profit making, charitable or welfare purposes;
(e) generally, for the better carrying out of this Ordinance.
(2) Any fees prescribed by regulations made under this section may—
(a) be fixed at a level which provides for the recovery of—
(i) expenditure incurred or likely to be incurred by the Government in relation generally to the administration, regulation and control of matters to which this Ordinance relates; and
(ii) economic costs of traffic delay in a carriageway caused or likely to be caused by excavations on streets;
(b) provide for the payment of different fees in respect of matters or cases or streets of different classes or descriptions; and
(c) provide for the payment of fees to be calculated in any manner specified in the regulations. (Added 17 of 2003 s. 8)

20. Saving
Nothing in this Ordinance shall affect the rights or powers of the Government or any public officer under any other law.
(Amended 3 of 2000 s. 3)