Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 2

Interpretation

(Past version on 12/02/2005).
(Past version on 19/07/2002).
(Past version on 01/07/2002).
(Past version on 01/01/2000).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution. In this Ordinance, unless the context otherwise
requires-

"approved plan" (獲批准圖則) means a finalised draft plan approved by the
Chief Executive in Council under section 11(1)(a); (Amended 61 of 1999 s. 3)

"bank" (堤岸) means any bank, wall or embankment, adjoining, confining or
constructed for the purpose of, or in connection with, any watercourse, and-

   (a)  in the case of a watercourse within which tidal waters flow, includes
        all land between the bank of the watercourse and low water mark of
        mean spring tides; and

   (b)  in the case of any other watercourse, includes all land between the
        bank of the watercourse and the water in the watercourse;

"barrister" (大律師) has the meaning assigned to it in section 2 of the
Legal  Practitioners Ordinance ( Cap 159);

"Board" (上訴委員會) means a Drainage Appeal Board constituted under
section 30;

"compensatable interest" (可獲補償權益) means the estate or interest of-

   (a)  a person having an unexpired term in land (including any further term
        which could be obtained as of right) of not less than one month or a
        tenancy or subtenancy terminable (whether by virtue of an Ordinance or
        otherwise) by either party by not less than one month's notice;

   (b)  a mortgagee in possession;

   (c)  the holder of a valid and subsisting option to purchase an estate or
        interest referred to in paragraph (a) or (b);

   (d)  a purchaser under an agreement for sale and purchase to whom the
        benefit of an estate or interest referred to in paragraph (a) or (b)
        has already passed;

"domestic premises" (住宅) means any premises which are constructed or
intended to be used for habitation;

"draft plan" (草圖) or "draft Drainage Authority Area plan"
(排水監管區草圖) means a draft plan notified in the Gazette under
section 5;

"Drainage Authority" (排水事務監督) means the Director of Drainage
Services;

"Drainage Authority Area" (排水監管區) means the Drainage Authority Area
shown in a draft Drainage Authority Area plan notified in the Gazette under
section 5 or an approved plan notified in the Gazette under section 11;

"drainage works" (排水工程) includes-

   (a)  the cleansing, scouring, dredging or desilting of any main 
        watercourse;

   (b)  the removal of any natural or artificial obstruction in any
        main watercourse;

   (c)  the repair, strengthening, alteration or removal of any embankment for
        the purpose of defence against water; and

   (d)  any works for the prevention or abatement of injury or damage which
        might be caused by the carrying out of any of the operations referred
        to in paragraph (a), (b) or (c);

"emergency" (緊急情況) means the existence of a substantial risk of injury
to any person or damage to any property caused by or consequential upon
flooding;

"land" (土地) includes-

   (a)  land covered by water; and

   (b)  the whole or part of any building or other erection or fixture on
        land;

"Land Registry" (土地註冊處) means the Land Registry established under
the Land  Registration Ordinance ( Cap 128); (Amended 20 of 2002 s. 5)

"main watercourse" (主要水道) means any main watercourse designated in a
draft  Drainage Authority Area plan notified in the Gazette under section 5 or
an approved plan notified in the Gazette under section 11;

"mortgage" (按揭) means a mortgage or charge registrable in the Land 
Registry;

"obstruction" (障礙物) in Parts III and IV includes earth, stone, timber
and material of all kinds artificially placed in any main watercourse;

"occupier" (佔用人) includes a tenant of an owner of land whether or not he
pays rent and a person who resides in a building;

"owner" (擁有人), in relation to land, means the person holding that land-

   (a)  directly under a Government lease; or

   (b)  under another title directly from the Government registered in the
        Land Registry; (Amended 29 of 1998 s. 105)

"Panel" (上訴委員備選小組) means the panel of persons appointed to be
the Drainage Appeal Board Panel under section 29(1);

"registered professional engineer" (註冊專業工程師) has the meaning
assigned to it in section 2 of the Engineers Registration Ordinance (
Cap 409);

"Secretary" (局長) means the Secretary for Development; (Amended 61 of 1999
s. 3; L.N. 330 of 1999; L.N. 106 of 2002; 23 of 2002 s. 126; L.N. 130 of 2007)

"solicitor" (律師) has the meaning assigned to it in section 2 of the Legal 
Practitioners Ordinance ( Cap 159);

"structure" (構築物) in Parts III and IV, subject to section 21(3),
includes a bridge, fence, barrier, post, culvert or pipe crossing;

"watercourse" (水道) includes-

   (a)  any river, stream, ditch, channel, drain, pipe, cut, culvert, tunnel,
        nullah, dyke, weir, sluice, flood storage pond, flood pumping station,
        and other passage used wholly or partly for the conveyance or storage
        of stormwater or surface water but does not include-

        (i)    any pipe or channel intended primarily for sewage or industrial
               discharges; and

        (ii)   any drain and sewer as defined by section 2 of the Buildings 
               Ordinance ( Cap 123); and

   (b)  the bank, channel or bed of any watercourse which is wet normally but
        may be, from time to time, dry. (Enacted 1994)

"approved plan" (獲批准圖則)

"bank" (堤岸)

"barrister" (大律師)

"Board" (上訴委員會)

"compensatable interest" (可獲補償權益)

"domestic premises" (住宅)

"draft plan" (草圖) or "draft Drainage Authority Area plan"
(排水監管區草圖)

"Drainage Authority" (排水事務監督)

"Drainage Authority Area" (排水監管區)

"drainage works" (排水工程)

"emergency" (緊急情況)

"land" (土地)

"Land Registry" (土地註冊處)

"main watercourse" (主要水道)

"mortgage" (按揭)

"obstruction" (障礙物)

"occupier" (佔用人)

"owner" (擁有人)

"Panel" (上訴委員備選小組)

"registered professional engineer" (註冊專業工程師)

"Secretary" (局長)

"solicitor" (律師)

"structure" (構築物)

"watercourse" (水道)