Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 21

Power to require removal of structures from main watercourse

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 29 of 1998 s. 105

(1) Where in the opinion of the Drainage Authority, a structure that has been
or is being erected or set up in, over or under any main  watercourse blocks
that main watercourse or impedes its free flow or is likely to cause damage to
any property or life in a Drainage Authority  Area, the Drainage Authority may
by notice require-

   (a)  the occupier and owner of the land on which the structure is situated;
        or

   (b)  the person having control or possession or causing the erection or
        setting up of the structure, to remove it within such time as may be
        specified in the notice.

(2) If a structure in respect of which a notice is served under subsection (1)
is not removed within the time specified in the notice, the
Drainage Authority, his agent or any independent contractor employed and
authorized for the purpose by the Drainage Authority may, subject to
section 22, remove the structure and the Drainage Authority may recover the
expenses, including supervision charges, reasonably incurred in doing so from
the person on whom the notice has been served and in the case of the occupier
and owner who have both been served with the notice under subsection (1)(a),
they shall be jointly and severally liable to the Drainage Authority for such
expenses and such expenses may be waived by the Drainage Authority if the
structure was erected, or set up, and maintained without the contravention of
any Ordinance, Government lease or other instrument under which the land,
where the structure was erected, or set up, and maintained, is held. (Amended
29 of 1998 s. 105)

(3) For the purpose of this section, "structure" (構築物) means a bridge,
fence, barrier, pillar, post, culvert, pipe crossing, pier, wall, stair, shed
or other similar structure. (Enacted 1994)

"structure" (構築物)