### Trustee Ordinance 《受託人條例》

109. Indemnity
This Ordinance, and every order purporting to be made under this Ordinance, shall be a complete indemnity to any bank and to all persons for any acts done pursuant thereto, and it shall not be necessary for any bank or person to inquire concerning the propriety of the order, or whether the court by which the order was made had jurisdiction to make it.
[cf. 1925 c. 19 s. 66 U.K.]

110. Transitional and savings for the purpose of 2013 amending Ordinance
The transitional and saving provisions as set out in Schedule 4 have effect.
(Added 13 of 2013 s. 39. Amended E.R. 2 of 2014)

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

1. Short title
This Ordinance may be cited as the Land (Miscellaneous Provisions) Ordinance.
(Amended 29 of 1998 s. 12)

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

2A. Application to Government
(1) Subject to this section, Part III binds the Government so far as it relates to an excavation in unleased land which is a street maintained by the Highways Department.
(2) Part III does not have effect to permit proceedings to be taken against, or to impose any criminal liability on, the Government or a person doing anything in the course of carrying out his duties as a public officer in the service of the Government.
(3) If the Authority considers that a public officer, in carrying out his duties in the service of the Government, has done an act or made an omission in contravention of Part III, the Authority shall—
(a) report the matter to the Secretary for Development; and
(b) in the report, advise him, that the act or omission has, as the case may be—
(i) been terminated to the Authority’s satisfaction; or
(ii) not been terminated to the Authority’s satisfaction.
(4) On receiving a report under subsection (3) where paragraph (b)(ii) of that subsection is applicable, the Secretary for Development shall investigate the matter to which the report relates and ascertain if the public officer concerned is continuing to contravene Part III or has stopped the contravention.
(5) If an investigation under subsection (4) shows that the public officer concerned is continuing to contravene Part III, the Secretary for Development shall ensure that the best practicable steps are taken to— (Amended L.N. 130 of 2007)
(a) stop the contravention; and
(b) avoid the recurrence of any like contravention if he considers that the public officer concerned or any other public officer, is likely to commit the like contravention.
(6) If—
(a) either—
(i) a report under subsection (3) is received where paragraph (b)(i) of that subsection is applicable; or
(ii) an investigation under subsection (4) shows that the public officer concerned has stopped the contravention; but
(b) the Secretary for Development considers that the public officer concerned or any other public officer, is likely to commit a like contravention,
then the Secretary for Development shall ensure that the best practicable steps are taken to avoid the recurrence of the like contravention.
(Added 17 of 2003 s. 3. Amended L.N. 130 of 2007)

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

3. Designation of Authorities
(1) For the purpose of the provisions of this Ordinance specified in the first column of the Schedule the Authority shall, in the areas specified in the second column of that Schedule, be the person or public officer specified in respect thereof in the third column of that Schedule. (Amended 23 of 1973 s. 36)
(2) The Chief Executive may by notice in the Gazette amend the Schedule. (Amended 3 of 2000 s. 3)

4. Occupation of unleased land
Unleased land shall not be occupied except under a licence or a deed or memorandum of appropriation.

5. Issue and validity of licences
(1) The Authority may, on payment of the appropriate prescribed fee, issue a licence to occupy unleased land.
(2) Subject to subsection (3), a licence shall be valid for the period specified therein and may be renewed for such period as the licensing authority thinks fit.
(3) A licence may be terminated by the licensing authority by giving such notice as may be specified in the licence.

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

6A. Presumption
In any proceedings for an offence under paragraph (a) or (b) of section 6(4A) in respect of any structure, any person who is proved to have done any act specified in paragraph (a) or (b) of that section shall, until the contrary is proved, be presumed to have done so for the purpose of disposing of that structure for gain.
(Added 46 of 1982 s. 3)

7. Prohibition of removal of earth, turf or stone from unleased land
(1) No person shall extract or remove earth, turf or stone from unleased land except under and in accordance with a removal permit issued under this section.
(2) The Authority may issue a removal permit authorizing the extraction and removal of earth, turf or stone from unleased land.
(3) A removal permit shall be valid for the period specified therein, but the Authority may extend the period for which the permit is valid.
(4) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $250,000 and to imprisonment for 6 months. (Amended 3 of 2015 s. 4)

8. Interpretation
(1) For the purpose of this Part and the Schedule—
carriageway (車路) means a street or part of a street over which the public has a right of way for the passage of motor vehicles;
initial period (首段期間) means the initial period mentioned in section 10C(3);
Secretary (局長) means the Secretary for Development; (Amended L.N. 130 of 2007)
street (街道) includes any slope not used or frequented by the public or to which the public do not have access or are not permitted to have access;
street maintained by the Highways Department (由路政署維修的街道) includes any road defined under section 2 of the Tramway Ordinance (Cap. 107) which is not reserved exclusively for use by trams.
(2) Any reference in this Part or the Schedule to a street (街道) shall be construed as a street in unleased land and maintained by the Highways Department. (Amended E.R. 5 of 2020)

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

9. Application of certain provisions
(1) Sections 10C, 10D, 10E(2), 10F, 10L, 10M, 10N, 10O, 10P, 10U, 18B and 18C only apply in the case of an excavation in a street.
(2) Sections 10B and 10R only apply in the case of an excavation in unleased land, other than streets.