### Mines (Safety) Regulations 《礦場(安全)規例》

103. Obligation to remedy any dangerous practice
(1) Where in exercise of the powers conferred by section 44 of the Ordinance, a mines officer considers any mine or any matter, thing or practice in or connected with a mine to be dangerous or defective so as, in his opinion, to threaten or tend to the bodily injury of any person, he may give notice in writing thereof to the manager with a copy to the holder of the licence or lessee or his agent and shall state in such notice the particulars in which he considers such mine, matter, thing or practice to be dangerous or defective, and shall require the same to be remedied, either forthwith or within such time as he may specify, and may order work to be suspended until the danger is removed to his satisfaction.
(2) On receipt of the notice issued under paragraph (1), the manager shall comply therewith, or, if he intends to object thereto, he shall cease to use the said mine, or part thereof or thing or practice, as to which notice has been given, and shall forthwith withdraw all men from the danger indicated in such notice until such time as the matter is determined by the Superintendent of Mines:
Provided that if, in the opinion of the officer who made the order, there is no immediate danger, he may allow work to proceed during such period, under such restrictions and upon such conditions as he may specify in writing in order to ensure the safety of the workmen.
(3) (a) When the manager is aggrieved by the provisions of any notice given under paragraphs (1) and (2), he may within 7 days after the receipt thereof, state his objection in writing to the Superintendent of Mines and thereupon the matter shall be determined by the Superintendent of Mines or by such officer as he may appoint on that behalf.
(b) The Superintendent of Mines, or such officer, when considering the objection may take cognizance of any reports bearing on the mine, thing or practice considered dangerous or defective and the degree of skill of those to be employed in the mine.
(4) Any manager aggrieved by a decision made under the provisions of paragraph (3) may, within 15 days of the notification to him of that decision, appeal to the Commissioner.

104. Dangerous occurrences
For the purposes of Part VIII of the Ordinance, a dangerous occurrence means any occurrence specified in the Second Schedule.
(L.N. 156 of 1963)

### Mines (Safety) Regulations 《礦場(安全)規例》

105. Offences and penalties
Any person who contravenes the provisions of regulation 3, 4, 5, 8 to 14, 15(2), 17 to 21, 22(1), 22(7), 22(8), 22(9), 23 to 28, 30, 31, 32, 34, 35(1), 36 , 37(1) or (2), 38 to 54, 55(1) or (3), 57, 58, 59, 60(1), 61 to 79, 80(1) or (3), 81 to 86, 88(1), 91, 93, 96, 97(1), 98, 102, or 103(2) shall be guilty of an offence and liable to a fine at level 1 and to imprisonment for 6 months.
(E.R. 1 of 2021) 

### Mining (Declaration of Closed Area) (Consolidation) Notice 《礦務(關閉地區的宣布)(綜合)公告》

1. Citation
This Notice may be cited as the Mining (Declaration of Closed Area) (Consolidation) Notice.
(E.R. 4 of 2022)

2. Areas closed to prospecting or mining
The following areas are declared closed to prospecting or mining, namely—
(a) the area of land comprising 172,800 square metres or thereabouts at Needle Hill near the Jubilee Reservoir New Territories as is shown coloured red on a plan deposited at the Land Registry; (G.N. 2468 of 1970; L.N. 87 of 1986; 8 of 1993 s. 30)
(b) the whole of Sha Chau Island in the New Territories; (L.N. 78 of 1979)
(c) those areas at Wong Chuk Yeung, Sha Tin, New Territories which are delineated and coloured pink on Plan No. STM 5339A deposited in the District Office Sha Tin. (L.N. 221 of 1979)

### Misrepresentation Ordinance 《失實陳述條例》

1. Short title
This Ordinance may be cited as the Misrepresentation Ordinance.

2. Removal of certain bars to rescission for innocent misrepresentation
Where a person has entered into a contract after a misrepresentation has been made to him, and—
(a) the misrepresentation has become a term of the contract; or
(b) the contract has been performed,
or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he shall be so entitled, subject to the provisions of this Ordinance, notwithstanding the matters mentioned in paragraphs (a) and (b).
[cf. 1967 c. 7 s. 1 U.K.]

3. Damages for misrepresentation
(1) Where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result thereof he has suffered loss, then, if the person making the misrepresentation would be liable to damages in respect thereof had the misrepresentation been made fraudulently, that person shall be so liable notwithstanding that the misrepresentation was not made fraudulently, unless he proves that he had reasonable grounds to believe and did believe up to the time the contract was made that the facts represented were true.
(2) Where a person has entered into a contract after a misrepresentation has been made to him otherwise than fraudulently, and he would be entitled, by reason of the misrepresentation, to rescind the contract, then, if it is claimed, in any proceedings arising out of the contract, that the contract ought to be or has been rescinded the court or arbitrator may declare the contract subsisting and award damages in lieu of rescission, if of opinion that it would be equitable to do so, having regard to the nature of the misrepresentation and the loss that would be caused by it if the contract were upheld, as well as to the loss that rescission would cause to the other party.
(3) Damages may be awarded against a person under subsection (2) whether or not he is liable to damages under subsection (1), but where he is so liable any award under subsection (2) shall be taken into account in assessing his liability under subsection (1).
[cf. 1967 c. 7 s. 2 U.K.]

### Misrepresentation Ordinance 《失實陳述條例》

4. Avoidance of provision excluding liability for misrepresentation
If a contract contains a term which would exclude or restrict—
(a) any liability to which a party to a contract may be subject by reason of any misrepresentation made by him before the contract was made; or
(b) any remedy available to another party to the contract by reason of such a misrepresentation,
that term shall be of no effect except in so far as it satisfies the requirement of reasonableness as stated in section 3(1) of the Control of Exemption Clauses Ordinance (Cap. 71); and it is for the person claiming that the term satisfies that requirement to show that it does.
(Replaced 59 of 1989 s. 20)

6. Saving for past transactions
Nothing in this Ordinance shall apply in relation to any misrepresentation or contract of sale which is made before the commencement of this Ordinance.
[cf. 1967 c. 7 s. 5 U.K.]

7. Application to Crown
This Ordinance binds the Crown.

### Housing Ordinance 《房屋條例》

1. Short title
This Ordinance may be cited as the Housing Ordinance.