### Land Survey Ordinance 《土地測量條例》

27. Appeals from decisions or orders of the Disciplinary Board
(1) Any party to an inquiry by a Disciplinary Board under this Part who is dissatisfied with the decision or order of the Disciplinary Board in relation to the inquiry may appeal to the Court of Appeal, and Order 59 of the Rules of the High Court (Cap. 4 sub. leg. A) applies to the appeal. (Amended 25 of 1998 s. 2; 10 of 2005 ss. 104 & 108)
(2) The Court of Appeal may affirm, reverse or vary the decision or order of the Disciplinary Board appealed against. (Amended 10 of 2005 s. 108)
(3) The hearing of an appeal under this section shall be in open court unless, and to the extent to which, the Court of Appeal otherwise directs.

28. Responsibilities of an authorized land surveyor
(1) An authorized land surveyor shall ensure that every land boundary survey or any part thereof undertaken by him is carried out, whether by himself or by other persons under his supervision or direction, in accordance with the requirements of any codes of practice approved under this Ordinance.
(2) An authorized land surveyor shall ensure that any field note, survey record plan or land boundary plan prepared by him or by other persons under his supervision or direction complies with the requirements of any codes of practice approved under this Ordinance, whether the land boundary survey from which such note or plan is produced is carried out—
(a) by him personally;
(b) by other persons under his supervision or direction; or
(c) partly by or under the supervision or direction of another authorized land surveyor.
(3) An authorized land surveyor shall sign and certify in the specified form all field notes, survey record plans and land boundary plans prepared by him or by other persons under his supervision or direction.
(4) An authorized land surveyor shall be personally responsible for the accuracy and completeness of every land boundary plan signed and certified by him and produced from a land boundary survey carried out by him personally or by other persons under his supervision or direction, or partly by or under the supervision or direction of another authorized land surveyor, and he shall be liable for any loss or damage suffered by any person as a result of any inaccuracy or incompleteness of any land boundary plan so signed and certified.

### Land Survey Ordinance 《土地測量條例》

29. Approval of codes of practice by the Authority
(1) For the purpose of providing practical instruction or guidance in respect of land boundary surveys and related matters, the Authority, after consultation with the Institute, may—
(a) approve and issue such codes of practice (whether prepared by him or not) as in his opinion are suitable for that purpose;
(b) approve such codes of practice issued or proposed to be issued otherwise than by him as in his opinion are suitable for that purpose.
(2) Where a code of practice is approved under subsection (1), the Authority shall, by notice in the Gazette, identify or publish the code of practice concerned and specify the date on which its approval is to take effect.
(3) The Authority may—
(a) from time to time revise any code of practice prepared by him in pursuance of this section; and
(b) approve any revision or proposed revision of any part of any code of practice for the time being approved under this section,
and the provisions of subsection (2), with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1).
(4) The Authority may at any time withdraw his approval of any code of practice approved under this section.
(5) Where under subsection (4) the Authority withdraws his approval of a code of practice approved under this section, he shall, by notice in the Gazette, identify the code of practice concerned and specify the date on which his approval of it is to cease to have effect.
(6) References in this Ordinance to an approved code of practice are references to that code of practice as it has effect for the time being by virtue of any revision of it approved under this section.
(7) The power of the Authority under subsection (1) to approve a code of practice issued or proposed to be issued otherwise than by him includes the power to approve a part of such a code and, accordingly, in this Ordinance code of practice may be read as including a part of such a code.
(8) Any code of practice approved under this section shall not be regarded as subsidiary legislation for the purpose of section 34 of the Interpretation and General Clauses Ordinance (Cap. 1).

### Land Survey Ordinance 《土地測量條例》

31. Inspection of land boundary record
The Authority may allow an authorized land surveyor or an employee of such surveyor authorized for the purpose to inspect, during office hours, any land boundary record subject to the payment of the prescribed fee and may supply such surveyor or employee with copies of any land boundary plan or survey record plan subject to the payment of the prescribed fee.

32. Preservation of boundary marks
(1) No person shall, without lawful authority or reasonable excuse, alter, move, interfere with, damage or destroy any boundary mark on any land.
(2) A person who proposes to carry out any work which is likely to interfere with a boundary mark—
(a) shall, at least 7 days before the proposed date of commencement of the work, notify the Authority of such likely interference;
(b) shall not commence the work unless he has taken all necessary steps to safeguard the mark to the satisfaction of the Authority.
(3) Where any boundary mark has been removed, displaced or destroyed in a land boundary survey, the authorized land surveyor who undertakes the land boundary survey shall within 3 months of the removal, displacement or destruction, at his own expense, cause the mark to be reinstated.
(4) A public officer authorized by the Authority for the purpose of this section may enter any land at any reasonable time for the purpose of ascertaining whether the requirements of this section have been complied with subject to the giving of reasonable advance notice to the occupants of the land.
(5) In exercising the power of entry under this section, the public officer authorized under this section shall, if so requested, produce written evidence of his identity and of his authorization.
(6) Any person who contravenes subsection (1) or (2)(a) or (b) commits an offence.
(7) An authorized land surveyor who contravenes subsection (3) commits an offence.
(8) In this section, boundary mark means a survey mark which demarcates the boundary of a parcel of land.