Hong Kong Ordinances

LAND (MISCELLANEOUS PROVISIONS) ORDINANCE - SECT 12

Demolition of unlawful structures

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 29 of 1998 ss. 12 & 14; 3 of
2000 s. 3

(1) If-

   (a)  a structure is being or has been erected or placed on leased  land, or
        on land occupied under a licence, or on any building on such land, in
        breach of a Government lease or licence; or (Amended 29 of 1998 s. 14)

   (b)  a structure on leased land or land occupied under a licence, being a
        structure which by virtue of a covenant, condition or stipulation in a
        Government lease or licence can be used only for agricultural
        purposes- (Amended 29 of 1998 s. 14)

        (i)    is being used for any other purpose in breach of that covenant,
               condition or stipulation; and

        (ii)   the use for that other purpose is not authorized by any
               permission granted, or does not appear in any survey or record
               made, by the Authority before the date on which the Crown Land
               (Amendment) Ordinance 1979 (56 of 1979) came into operation,
               the Authority may, by notice in writing served on the lessee or
               licensee, require him-

        (i)    in a case to which paragraph (a) applies, to demolish the
               structure;

        (ii)   in a case to which paragraph (b) applies, to discontinue such
               use and, if the Authority thinks it appropriate, to restore the
               structure so that it may be used for agricultural purposes,
               before such date as may be specified in the notice. (Replaced
               56 of 1979 s. 5)

(2) If a lessee or licensee does not comply with a notice served on him under
subsection (1), any public officer, or other person, acting on the direction
of the Authority may, with the assistance of such other public officers or
other persons as may be necessary, enter on the land and-

   (a)  in a case to which subsection (1)(a) applies, demolish the structure;

   (b)  in a case to which subsection (1)(b) applies, demolish the structure
        or, if the Authority thinks fit, carry out such works as may be
        necessary to restore the structure so that it may be used for
        agricultural purposes. (Amended 56 of 1979 s. 5)

(3) A lessee or licensee (for the purpose of complying with a notice under
subsection (1)) and (for the purpose of subsection (2)) any authorized person
may-

   (a)  remove from the structure any person or property therein; and

   (b)  take possession of such property and of any property resulting from
        the demolition of the structure.

(4) Any property of which possession is taken under subsection

(3)(b) by an authorized person shall become the property of the Government
free from the rights of any person and, subject to subsection (5), may be
dealt with as the Authority thinks fit. (Amended 29 of 1998 s. 14)

(5) The Chief Executive may order that- (Amended 3 of 2000 s. 3)

   (a)  the whole or a part of any property which has become the property of
        the Government under subsection (4); or (Amended 29 of 1998 s. 14)

   (b)  the whole or a part of the value of any such property, shall be
        delivered or paid to any person who appears to him to have a moral
        claim thereto.

(6) The Authority may recover from the lessee or licensee any cost incurred in
or arising out of the demolition of a structure under subsection (2) and of
the exercise of the powers conferred by subsection

(3).

(7) A notice under subsection (1) may be served by-

   (a)  delivering it to the lessee or licensee;

   (b)  posting it to him by registered post addressed to his last place of
        business or residence known to the Authority; or

   (c)  posting the notice in or on the land or structure to which the notice
        relates.

(8) The powers conferred by this section are in addition to and not in
derogation from the powers conferred on the Government by the
Government Rights (Re-entry and Vesting Remedies) Ordinance ( Cap 126). (Added
56 of 1979 s. 5. Amended 29 of 1998 s. 14)