Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 22

Power of entry for purpose of executing works, etc.

(1) Where the Drainage Authority has a power or a right under this Part or
Part IV-

   (a)  to execute any drainage works;

   (b)  to execute any temporary works; or

   (c)  to remove any obstruction or structure, then if for the purpose of
        exercising that power or that right it is necessary for a person to
        enter on any land, a person duly authorized in writing by the
        Drainage Authority may at any reasonable time enter on any land within
        a Drainage Authority Area for that purpose.

(2) The power to enter on land under subsection (1) includes-

   (a)  the power to authorize the entry or passage of such other persons, and
        such vehicles, plant, apparatus, machinery, supplies or materials as
        may be necessary;

   (b)  the power to carry out works for the purpose of facilitating their
        passage;

   (c)  the power to place and leave on or in the land and to remove therefrom
        such vehicles, plant, apparatus, machinery, supplies or materials.

(3) No person shall, in the exercise of any power of entry under this section,
enter on any land which is occupied without giving to the occupier at least 7
days' notice of his intention to do so unless it appears to the
Drainage Authority that an emergency exists which necessitates immediate entry
and the decision of the Drainage Authority that the particular case is one of
emergency shall be final and binding on all persons.

(4) A person shall not, in the exercise of a power conferred by subsection
(2)(c), place or leave on or in any land or remove therefrom any vehicles,
plant, apparatus, machinery, supplies or materials unless notice of his
intention to do so has been included in the notice required by subsection (3).

(5) A person shall not execute any works authorized by subsection

(2)(b) unless a notice of his intention to do so has been included in the
notice required by subsection (3).

(6) Any person who, in the exercise of any power of entry authorized under
this section, enters on any land shall, if required to do so by any person,
produce evidence of such authority.

(7) Nothing in this section shall be construed to authorize the
Drainage Authority or any person to enter domestic premises. (Enacted 1994)