### Mining Ordinance 《礦務條例》

27. Diversion or pollution of waters prohibited
(1) The holder of a mining licence or mining lease shall not—
(a) divert the waters of any river, stream, spring, reservoir, filter-bed, well or watercourse, without the prior consent in writing of the Commissioner; or (Amended 33 of 1960 s. 26)
(b) pollute, or permit to become polluted, any water, or in any way render such water unfit for the purpose for which it is being used.
(2) Any holder of a mining licence or mining lease who contravenes any of the provisions of subsection (1) may, without prejudice to any other remedy therefor, be required by the Commissioner to take such action as may be directed to prevent a continuance or recurrence of such contravention and within such time as may be specified. (Amended 33 of 1960 s. 26)

28. Purification of water
Every person who uses water in connexion with mining operations, whether for the generation of power or for the removal of mineral substances or for concentrating, milling or otherwise, shall make such provision as will ensure that all water so used shall not contain any injurious substance in quantities likely to prove detrimental to human, animal or vegetable life when it leaves the mining area in which it has been so used.

28A. Discharges and deposits under Water Pollution Control Ordinance
No offence under section 27 or 28 is committed by a person who makes a discharge or deposit under and in accordance with a licence under the Water Pollution Control Ordinance (Cap. 358).
(Added 41 of 1980 s. 50. Amended 67 of 1990 s. 23)

29. Power of Commissioner to close mine
If at any time it is shown to the satisfaction of the Commissioner that a mine is in such condition as to render mining dangerous to the safety or health of persons employed in or about such mine, the Commissioner may order either that such mine be closed, and a notice to that effect be published in the Gazette, or that such works be executed as will enable mining to be carried out with due regard to the safety or health of persons employed in or about such mine.

30. Acceptance of rent not to operate as a waiver of right of re-entry or forfeiture
The acceptance by or on behalf of the Government of any rent shall not operate as a waiver by the Government of any right of re-entry accruing or of any forfeiture incurred by reason of the breach of any of the provisions of this Ordinance or the regulations or of any covenant or condition, express or implied, in any lease granted under this Ordinance.
(Amended 29 of 1998 s. 105)

### Mining Ordinance 《礦務條例》

32. Mining Compensation Board
(1) For the purpose of hearing appeals under section 33, a Mining Compensation Board (hereinafter referred to as the Board

### Mining Ordinance 《礦務條例》

34. Meaning of specified minerals for purposes of this Part
For the purposes of this Part, the term specified minerals (指明礦物) means any minerals, in their unmanufactured state, to which the Chief Executive may, by order, apply this Part.
(Replaced 33 of 1960 s. 18. Amended 57 of 1999 s. 3)

35. Possession of specified minerals
No person shall possess any specified minerals unless he is the lessee of a mining lease or the holder of a prospecting or mining licence, or the holder of a licence granted under section 37 or is the duly authorized employee of such a lessee or holder.
(Amended 33 of 1960 s. 19)

36. Purchase of specified minerals
No person shall purchase any specified minerals unless he is the holder of a licence granted under section 37.
(Amended 33 of 1960 s. 19)

37. Licence to purchase specified minerals
(1) The Commissioner may, on payment of the prescribed fee, issue an Authorized Buyer’s Licence in the prescribed form authorizing the person named therein to purchase specified minerals, and may attach to the licence such conditions as he may think fit. (Amended 33 of 1960 ss. 19 & 26)
(2) Every such licence shall continue in force for 1 year from the date thereof, unless previously cancelled, and shall not be transferable. (Amended E.R. 6 of 2019)

38. Duty of seller of specified minerals to satisfy himself that purchaser is licensed to buy
No person shall sell any specified minerals to a purchaser within Hong Kong, unless he has first satisfied himself that the purchaser is the holder of an Authorized Buyer’s Licence authorizing him to purchase such specified minerals.
(Amended 33 of 1960 s. 19; 57 of 1999 s. 3)

39. Holder of licence to satisfy himself that the seller is authorized to possess and dispose of specified minerals
The holder of an Authorized Buyer’s Licence shall not purchase any specified minerals unless he has first satisfied himself that the vendor is authorized to be in possession of such specified minerals and to dispose of the same.
(Amended 33 of 1960 s. 19)

### Mining Ordinance 《礦務條例》

40. Duty of licensee
The holder of an Authorized Buyer’s Licence shall—
(a) keep proper books showing—
(i) all purchases made by him and the nature and weight of the specified minerals purchased;
(ii) the date of each purchase;
(iii) the name of the seller and his title or authority to be in possession and to dispose of the specified minerals;
(iv) details of disposal of the specified minerals after purchase by him; and (Amended 33 of 1960 s. 19)
(b) produce such books for the inspection of any mines or police officer or member of the Customs and Excise Service established by the Customs and Excise Service Ordinance (Cap. 342) whenever required to do so. (Amended 46 of 1977 s. 18)

41. Cancellation of Authorized Buyer’s Licence
(1) In the event of any contravention by the holder of an Authorized Buyer’s Licence of any of the provisions of section 39 or 40 or of any of the conditions of his licence, the Commissioner may, by notice in writing served upon the holder either personally or by registered post, cancel the licence and such cancellation shall be in addition to any other penalty.
(2) The Commissioner shall, before serving notice under subsection (1), give to the holder notice of his intention to do so, adequately stating the grounds on which he intends to serve the notice and indicating that the holder may make written representations to him.
(Replaced 6 of 1994 s. 52)

41A. Appeals
(1) The holder of an Authorized Buyer’s Licence who is aggrieved by the service of a notice cancelling his licence under section 41 may, within 28 days from the date when he was informed of the decision, appeal to the Administrative Appeals Board.
(2) A notice that is appealed against under subsection (1) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Commissioner, be contrary to the public interest and the notice contains a statement to that effect. 
(Added 6 of 1994 s. 52)

42. Appointment of mines officers
The Chief Executive may, from time to time, appoint a Commissioner of Mines, a Deputy Commissioner of Mines, a Superintendent of Mines, Mining Engineers, Mines Inspectors and such other officers as he may consider necessary for carrying out the purposes of this Ordinance.
(Amended 57 of 1999 s. 3)