Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 7

Objections

(1) Any person aggrieved by a draft plan notified in the Gazette under
section 5(1) may, by a written statement of objection delivered to the
Drainage Authority not later than the 60 days referred to in section  5 (3),
object to the draft plan.

(2) Any person aggrieved by an amended draft plan notified in the Gazette
under section 5(5) may, by a written statement of objection delivered to the
Drainage Authority not later than the 30 days referred to in that subsection,
object to the amended draft plan.

(3) a written statement under subsection (1) or (2) shall set out-

   (a)  the nature of and reasons for the objection; and

   (b)  if the objection would be removed by an alteration of the draft  plan,
        any alteration proposed.

(4) Upon receipt of a written statement of objection under subsection (1) or
(2), the Drainage Authority may-

   (a)  reject the objection and shall inform the objector of such rejection;
        or

   (b)  propose alterations to the draft plan to meet the objection.

(5) If the Drainage Authority proposes to make any alterations to the
draft plan pursuant to subsection (4), he shall-

   (a)  publish a notice of the proposal to alter the draft plan in the same
        manner as set out in section 5(1) and the notice shall-

        (i)    contain particulars of the proposed alterations; and

        (ii)   specify that any person aggrieved by the proposed alterations
               may, by a written statement of objection delivered to the
               Drainage  Authority not later than 30 days from the date of
               first publication of the notice in the Gazette, object to the
               proposed alterations and the written statement shall set out
               the nature of and reasons for the objection; and

   (b)  give notice of the proposed alterations in writing to the objector by
        registered post and request the objector to inform the
        Drainage Authority in writing within 30 days from the date of the
        notice in a registered letter addressed to the Drainage Authority
        whether he agrees or objects to the proposed alterations.

(6) Any person aggrieved by the proposed alterations as contained in the
notice published under subsection (5)(a) may, by a written statement of
objection delivered to the Drainage Authority not later than 30 days from the
date of first publication of the notice in the Gazette, object to the proposed
alterations and the written statement shall set out the nature of and reasons
for the objection.

(7) If no written objection to the proposed alterations is delivered to the
Drainage Authority within the time specified in the notice under subsection
(5)(a) and the original objector-

   (a)  does not inform the Drainage Authority under subsection (5)(b) whether
        he agrees or objects to the proposed alterations; or

   (b)  has informed the Drainage Authority under subsection (5)(b) that he
        objects to the proposed alterations, the Drainage Authority shall,
        save and except in the event that the original objector notifies the
        Drainage Authority in writing before the meeting as hereinafter
        provided that he agrees to the proposed alterations, consider the
        objection to the draft plan at a meeting of which the original
        objector is given at least 14 days' notice and he or his authorized
        representative may attend such meeting and if he or his authorized
        representative so desires shall be heard.

(8) If a written objection to the proposed alterations is delivered to the
Drainage Authority within the time specified in the notice under subsection
(5)(a), the Drainage Authority shall consider the objection to the draft plan
and the objection to the proposed alterations at a meeting of which the
objectors in question are given at least 14 days' notice and all objectors or
their authorized representatives may attend such meeting and if they or their
representatives so desire shall be heard.

(9) Upon consideration of objection under subsection (7) or objections under
subsection (8) the Drainage Authority may-

   (a)  reject the objection or objections; or

   (b)  make alterations to the draft plan to meet such objection or
        objections, and in either case, the Drainage Authority shall inform
        the objectors of such decision. (Enacted 1994)