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

10N. Review Panel
(1) The Secretary may appoint a panel of not more than 20 persons (the Review Panel

10O. Review Board
(1) On receipt of a notification under section 10M(8), the Secretary shall—
(a) compile a list of the names of members whom he intends to appoint to constitute the Review Board to review the Chief Engineer’s decision under section 10M(5);
(b) serve a notice on the members mentioned in paragraph (a) requiring them to make a declaration as to whether they have or do not have any direct or indirect interest in the review concerned within 7 days from the date of service of the notice; and
(c) serve a notice on the permittee concerned notifying him the names of the members mentioned in paragraph (a) and his right to raise any objection on the appointment of any member on the ground that the member has direct or indirect interest in the review within 7 days from the date of service of the notice.
(2) The objection in subsection (1)(c) shall be in writing and shall be accompanied by all written statements and other documentary evidence relied upon by the permittee concerned in support of the objection.
(3) After the expiry of the period allowed for the declaration of interest and the raising of objection under subsection (1)(b) and (c), the Secretary shall, subject to subsections (5) and (6), finalize the composition of the Review Board by appointing 3 or 5 persons (excluding the Chairman) from the list compiled under subsection (1) to constitute the Review Board after taking into consideration the declaration of interest of the members and the objection raised by the permittee concerned.
(4) The Director of Highways shall be the Chairman of the Review Board.
(5) For the purpose of subsection (3), the Secretary shall appoint—
(a) at least one public officer of the rank of Government Engineer or above or a public officer of equivalent rank with engineering qualifications relevant to the excavation concerned from the Highways Department;
(b) at least one member from the Review Panel; and
(c) 1 or 3 other persons as he thinks fit.
(6) The majority of the persons constituting a Review Board, excluding the Chairman, shall be persons other than public officers.
(7) If at any time during the review proceedings, it is discovered that any member of the Review Board has a direct or indirect interest in the review concerned, the Chairman may adjourn the proceedings and inform the Secretary.
(8) The Secretary shall terminate the appointment of the member and appoint another member by applying the procedures in subsections (1), (2) and (3) with necessary modification as he thinks fit.
(9) After the appointment of a new member under subsection (8), the Review Board may rehear the application wholly or in part if it is satisfied that it is just to do so.

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

10P. Proceedings of Review Board
(1) The Review Board shall not proceed to hear an application for a review of the Chief Engineer’s decision under section 10M(5) at a hearing other than to adjourn unless all the members appointed under section 10O(3) are present.
(2) All the matters for determination at a hearing of the Review Board shall be decided by a majority of vote of the members present.
(3) The Chairman shall not vote at the hearing of the Review Board.
(4) In case there is an equality of votes, the Chairman shall discharge the Review Board and notify the Secretary.
(5) On receipt of the notification under subsection (4), the Secretary shall apply the procedures in section 10O(1), (2) and (3) with necessary modification to appoint another Review Board to hear the review concerned.
(6) In case there is an equality of votes at a hearing of the Review Board appointed under subsection (5), then—
(a) where section 10M(7)(b) is applicable, the result of the permittee’s assessment shall be taken to be the decision of the Review Board; or
(b) in any other case, the decision made by the Chief Engineer under section 10M(5) on the subject matter of the application shall be taken to be the decision of the Review Board,
and the Review Board may, in accordance with the decision, exercise any of the powers conferred on it under section 10M(13).

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

10Q. Reinstatement of unleased land after excavation made under an excavation permit
(1) A permittee of an excavation permit or emergency excavation permit shall, before the expiry or termination of the permit, reinstate and make good the land as required by any condition of the permit.
(2) If any unleased land is not reinstated and made good in accordance with subsection (1)—
(a) before the expiry or termination of the permit; or
(b) as required by any condition of the permit,
the Authority may carry out such work as he considers necessary to reinstate and make good the land, and any other land the reinstatement and making good of which is, in his opinion, necessary in consequence of the excavation, notwithstanding that the work for the carrying out of which the excavation was made have not been completed.
(3) The Authority may recover from the permittee—
(a) the cost of any work carried out by the Authority under subsection (2); and
(b) the cost of any work carried out by the Authority to reinstate and make good any unleased land if the necessity for such work—
(i) arises within 12 months after the completion of work for the reinstatement and making good of the land under this section; and
(ii) is attributable to any fault on the part of such permittee or his servants or agents.
(4) For the avoidance of doubt, it is declared that any work carried out under subsection (2) shall not be regarded as an excavation for the purpose of this Ordinance.

10R. Reinstatement of unleased land after excavation made under a lease, licence, etc.
(1) Any person who makes or maintains an excavation under and in accordance with a lease, licence, deed of appropriation, memorandum of appropriation or an engineering conditions for land allocation issued by the Director of Lands shall reinstate and make good the land as required by any condition of the lease, licence, deed of appropriation, memorandum of appropriation or engineering conditions for land allocation, as the case may be.
(2) If any unleased land is not reinstated and made good in accordance with subsection (1), the Director of Lands may carry out such work as he considers necessary to reinstate and make good the land, and any other land the reinstatement and making good of which is, in his opinion, necessary in consequence of the excavation, notwithstanding that the works for the carrying out of which the excavation was made have not been completed.
(3) The Director of Lands may recover from the person mentioned in subsection (1) the cost of any work carried out by the Director under subsection (2).
(4) For the avoidance of doubt, it is declared that any work carried out under subsection (2) shall not be regarded as excavation for the purpose of this Ordinance.

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

10S. Provision of safety facilities in connection with excavation
If any condition of an excavation permit or emergency excavation permit requiring the provision of facilities for the safety or convenience of the public is contravened, the Authority may provide such facilities and recover the cost thereof from the permittee of the permit.