### Land Drainage Ordinance 《土地排水條例》

25. Delegation by the Drainage Authority
(1) The Drainage Authority may delegate in writing to any public officer or class of public officer the exercise or performance of any of the powers, duties or functions conferred or imposed upon him under this Ordinance.
(2) Where a delegation is made under subsection (1), the delegate may, on such delegation taking effect, exercise or perform the delegated powers, duties or functions in the same manner and shall be subject to the same liabilities as if those powers, duties or functions were exercised or performed by the Drainage Authority.

26. Obstructions in watercourses
(1) No person shall, without the consent in writing of the Drainage Authority, carry out any engineering work or filling or erect any dam, weir, culvert or other like obstruction in any main watercourse impeding its flow.
(2) An application shall be made to the Drainage Authority for his consent under this section and if the Drainage Authority fails within 4 months after the receipt of the application to notify the applicant in writing of his determination with respect to the application, the Drainage Authority shall be deemed to have consented thereto.
(3) If the Drainage Authority refuses to give his consent required under this section, the Drainage Authority shall give the reasons for such refusal to the applicant.
(4) If any person carries out any work or erects any obstruction in contravention of this section, the Drainage Authority, his agent, or any independent contractor employed and authorized by the Drainage Authority for the purpose may remove, alter or pull down the work or obstruction and recover from that person the expenses, including supervision charges, reasonably incurred in doing so.
(5) A consent required under this section may be given subject to any reasonable condition as to the time at which and the manner in which any work is to be carried out.
(6) Any consent given or deemed to have been given by the Drainage Authority under this section shall not entitle any person or any works or proposed works not to comply with the provisions of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127), the Buildings Ordinance (Cap. 123), the Town Planning Ordinance (Cap. 131) or of any other enactment.

### Land Drainage Ordinance 《土地排水條例》

27. Structures in watercourses, etc.
(1) No person shall erect any structure in, over or under any main watercourse except with the consent of and in accordance with plans approved by the Drainage Authority, and no person shall, without the consent of the Drainage Authority, carry out any work of repair on any structure in, over or under such a watercourse if the repair work is likely to affect the flow of water in the watercourse.
(2) No person shall erect any structure designed to contain or direct water from any main watercourse within a Drainage Authority Area except with the consent of and in accordance with plans approved by the Drainage Authority.
(3) An application shall be made to the Drainage Authority for his consent or approval under this section and a consent or approval required under this section may be given subject to any reasonable condition as to the time at which and the manner in which any work is to be carried out, and any such consent or approval shall, if neither given nor refused within 4 months after application therefor is made, be deemed to have been given.
(4) If the Drainage Authority refuses to give his consent or approval required under this section, the Drainage Authority shall give the reasons for such refusal to the applicant.
(5) If any person carries out any work in contravention of this section, the Drainage Authority, his agent, or any independent contractor employed and authorized for the purpose by the Drainage Authority may remove, alter or pull down the work and recover from that person the expenses, including supervision charges, reasonably incurred in doing so.
(6) Any consent or approval given or deemed to have been given by the Drainage Authority under this section shall not entitle any person or any works or proposed works not to comply with the provisions of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127), the Buildings Ordinance (Cap. 123), the Town Planning Ordinance (Cap. 131) or of any other enactment.

### Land Drainage Ordinance 《土地排水條例》

29. Appointment of Drainage Appeal Board Panel
(1) The Chief Executive may appoint a panel of persons to be the Drainage Appeal Board Panel whom he considers suitable to sit as members of a Drainage Appeal Board.
(2) The Chief Executive shall not appoint a public officer to the Panel.
(3) The Chief Executive may appoint a member of the Panel as Chairman of the Panel and may appoint another such member as Deputy Chairman of the Panel as he thinks fit.
(4) The Chief Executive may appoint a public officer to be the secretary to the Panel.
(5) Members of the Panel shall be appointed for 3 years but shall be eligible for reappointment.
(6) Members of the Panel may resign at any time by notice in writing given to the Chief Executive.
(Amended 61 of 1999 s. 3)

### Land Drainage Ordinance 《土地排水條例》

30. Constitution of a Drainage Appeal Board
(1) On receipt of an application for a review under section 8(1) or a notice of appeal under section 28(1), the secretary to the Panel shall notify the Chairman of the Panel who, subject to subsections (2), (3), (6) and (7), shall nominate a Board.
(2) The Chairman of the Panel shall not nominate a Board to review any decision of the Drainage Authority in question or hear an appeal or act as its chairman if he has a direct or indirect interest in the outcome of the review or the appeal.
(3) Subject to subsection (7), the Deputy Chairman of the Panel shall, in the absence of the Chairman of the Panel or if the Chairman of the Panel has a direct or indirect interest in the outcome of a review or an appeal, nominate a Board to proceed with the review or to hear the appeal.
(4) Subsection (2) shall apply to the Deputy Chairman of the Panel as it applies to the Chairman of the Panel.
(5) Subject to subsections (2), (4), (6) and (7), the Chairman or Deputy Chairman of the Panel shall act as chairman of a Board.
(6) If the Chairman and Deputy Chairman of the Panel have a direct or indirect interest in the outcome of a review or an appeal, the Chief Executive may appoint another member of the Panel, who does not have a direct or indirect interest in the review or the appeal, to nominate a Board to proceed with the review or to hear the appeal and to act as chairman of the Board. (Amended 61 of 1999 s. 3)
(7) If the Chairman and Deputy Chairman of the Panel are precluded by illness or absence from Hong Kong from exercising their functions, the Chief Executive may appoint another member of the Panel to act as chairman of the Board. (Amended 61 of 1999 s. 3)
(8) A solicitor or barrister may be present at any proceedings of a Board to advise the chairman on any matter of law.
(9) A member of a Board, other than a person who is in full-time employment in any office of remuneration under the Government, may be remunerated at such rate as the Financial Secretary may determine from time to time or in any particular case. (Amended 61 of 1999 s. 3)