### Antiquities and Monuments Ordinance 《古物及古蹟條例》

9. Assessment of compensation by District Court
(1) In default of agreement under section 8(2)(a), the owner or lawful occupier may apply to the District Court to assess the amount of compensation payable under section 8.
(2) The District Court may, on such application, award to the applicant such compensation as it thinks reasonable in the circumstances.

10. Certain relics to be property of Government
(1) Subject to this Ordinance, the ownership of every relic discovered in Hong Kong after the commencement* of this Ordinance shall vest in the Government from the moment of discovery.
(2) The Authority may, on behalf of the Government, disclaim the ownership of a relic so discovered, and upon such disclaimer—(Amended E.R. 6 of 2019)
(a) the ownership of the Government in the relic shall be extinguished; and
(b) the ownership of the relic shall vest in the person, who, but for the enactment of this Ordinance, would otherwise have been the owner thereof.

11. Discovery of antiquities
(1) Any person who discovers, or knows of the discovery of an antiquity or supposed antiquity shall forthwith report the discovery to the Authority or to a designated person.
(2) A person who makes a report under subsection (1), shall, if so requested by the Authority or a designated person, identify to the Authority or to the designated person the antiquity or supposed antiquity in respect of which the report was made.
(3) A person who discovers an antiquity or supposed antiquity shall take all reasonable measures to protect it.
(4) The Authority may, with the prior approval of the Chief Executive, award to a person who makes a report under subsection (1) such sum by way of reward as the Authority thinks fit. (Amended 59 of 2000 s. 3)
(5) A designated person to whom a report is made under this section shall forthwith inform the Authority in writing of the report.
(6) Subject to subsection (7), the Authority, and any designated person authorized by him in writing, may enter upon and inspect the site of the discovery of an antiquity or supposed antiquity.
(7) Neither the Authority nor a designated person authorized by him may enter any residential premises, in the exercise of the powers conferred by subsection (6), unless—
(a) he first obtains the consent in writing of the lawful occupier of such premises; or
(b) he has given to the lawful occupier thereof not less than 48 hours’ notice in writing of his intention to enter.

### Antiquities and Monuments Ordinance 《古物及古蹟條例》

12. No excavation, etc., of antiquities, without licence
No person, other than the Authority and a designated person authorized by him, shall—
(a) excavate or search for antiquities except in accordance with a licence granted to him;
(aa) use a metal detector at any proposed monument or monument except in accordance with a licence granted to him to excavate and search for antiquities; (Added 38 of 1982 s. 9)
(b) remove any relic hitherto undiscovered from a proposed monument or monument, or collect or remove any object which he supposes to be a relic from the site of its discovery, otherwise than for the purposes of protecting the same or in accordance with a licence granted to him. (Amended 38 of 1982 s. 9)

13. Grant of licences
(1) Subject to this Ordinance, the Authority may grant to any person a licence to excavate and search for antiquities.
(2) A licence may not be granted to a person unless the Authority is satisfied that he—
(a) has had sufficient scientific training or experience to enable him to carry out the excavation and search satisfactorily;
(b) has at his disposal sufficient staff and financial or other resources to enable him to carry out the excavation and search satisfactorily; and
(c) is able to conduct, or arrange for, a proper scientific study of any antiquities discovered as a result of the excavation and search. (Amended 38 of 1982 s. 10)
(3) Subject to subsection (2), a licence may be granted or renewed for a period not exceeding 12 months.
(4) A licence shall be in the prescribed form and shall specify the area of land in respect of which it is granted.
(5) A licence shall not be transferable.
(6) The Authority may include such conditions in a licence as he considers appropriate, and in particular but without prejudice to the generality hereof, may include conditions as to the conduct of any excavation and search, the reporting, mapping and documenting thereof, the use of a metal detector, the preservation of materials discovered, their removal, examination and return, and the making and delivery of casts, rubbings, squeezes and other reproductions. (Amended 38 of 1982 s. 10; E.R. 6 of 2019)

### Antiquities and Monuments Ordinance 《古物及古蹟條例》

14. Rights of licensee
(1) The holder of a licence may, subject to the conditions thereof, enter upon and excavate and search for antiquities, in, on or under—
(a) any Government land within the area specified in the licence; and (Amended 29 of 1998 s. 105)
(b) subject to subsection (2), any private land within the area specified in the licence.
(2) The holder of a licence shall not be entitled to enter upon, or excavate or search for antiquities in, on or under private land unless he first obtains the consent in writing of the owner and any lawful occupier of the land.

15. Cancellation of licence
(1) Subject to subsection (2), the Authority may cancel any licence.
(2) A licence shall not be cancelled unless the holder of the licence has been given reasonable opportunity to make representations to the Authority as to why his licence should not be cancelled.
(3) As soon as possible after the cancellation of a licence, the Authority shall, by notice in writing, served either personally or by registered post, inform the person whose licence has been cancelled of the cancellation and of the reasons therefor.
(4) Failure to comply with subsection (3) shall not invalidate the cancellation of a licence.

16. Appeal against refusal of licence
(1) A person aggrieved by the refusal of the Authority to grant him a licence, or to renew his licence, or by the cancellation of his licence, may within 14 days after the date of such refusal or cancellation appeal by way of petition to the Chief Executive who may confirm, vary or reverse the refusal or cancellation.
(2) The decision of the Chief Executive on the appeal shall be final.
(Amended 59 of 2000 s. 3)

17. Establishment and meetings of Antiquities Advisory Board
(1) There is hereby established an Antiquities Advisory Board consisting of such members as the Chief Executive may appoint, one of whom shall be appointed by the Chief Executive to be Chairman. (Replaced 29 of 1986 s. 2. Amended 59 of 2000 s. 3)
(2) The Board shall meet at such times and places as the Chairman may direct.
(3) At any meeting of the Board the Chairman or, in his absence, a member elected by the members present at that meeting to act as Chairman shall preside. (Replaced 29 of 1986 s. 2)
(4) Not less than one-half of the number of members of the Board shall constitute a quorum at a meeting of the Board. (Amended 29 of 1986 s. 2)
(5) The procedure at a meeting of the Board shall be such as the Board may determine.