Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 24

Disposal of spoil

(1) The Drainage Authority, his agent or any independent contractor employed
and authorized by the Drainage Authority for the purpose of executing any
drainage works or works under this Part or Part IV may, without making payment
for it, appropriate and dispose of any matter removed in the course of the
execution of such drainage works or works provided that if the
Drainage Authority is of the opinion that there may be a claim for such
matter, the Drainage Authority may take possession of such matter.

(2) The Drainage Authority shall post, on or near the land where he has taken
possession of any matter under subsection (1), a notice setting out details of
such matter and shall, in such notice, call upon any claimant to submit his
claim to the matter within such time as is specified in the notice, being not
less than 14 days after the day on which the notice was posted.

(3) The Drainage Authority may refuse to return any matter of which he has
taken possession under subsection (1) unless he is satisfied that the claimant
is the owner of the matter.

(4) The Drainage Authority may recover from a claimant to whom any matter, of
which the Drainage Authority has taken possession under subsection (1), is
returned any expenses incurred by him in the removal and storage of such
matter.

(5) Any matter of which the Drainage Authority has taken possession under
subsection (1), which is not claimed within the time referred to in subsection
(2) or which the Drainage Authority refuses to return under subsection (3) to
any person, shall become the property of the Drainage  Authority free from the
rights of any person and may be disposed of by the Drainage Authority.
(Enacted 1994)