Hong Kong Regulations

TOWN PLANNING (TAKING POSSESSION AND DISPOSAL OF PROPERTY) REGULATION,TOWN PLANNING (TAKING POSSESSION AND DISPOSAL OF PROPERTY) REGULATION - SECT 2

Removal notice

(Past version on 30/06/1997).

(1) Before exercising his power pursuant to section 23(7A) of the Ordinance to
take possession of, remove, detain and dispose of property that is on the land
to which a notice under section 23(1), (2) or (3) of
the Ordinance relates ("initial notice"), the Authority shall serve a
further notice ("removal notice") on the person served with the initial 
notice requiring him to remove, or cause to be removed, the property from that
land.

(2) Subject to subsection (3), the removal notice shall-

   (a)  contain a description of the property;

   (b)  specify the land on which the property is located;

   (c)  specify the date, which shall be not less than 14 days from the date
        of service of the removal notice, by which the property shall be
        removed from that land; and

   (d)  state that if the property is not removed by the specified date, the
        Authority may take possession of, remove, detain and dispose of the
        property.

(3) Where any part of the property is perishable, or is a live animal, bird or
fish, or in the opinion of the Authority constitutes or is
likely to constitute a health or safety hazard ("perishable or hazardous
property"), the removal notice shall, as regards the perishable or 
hazardous property-

   (a)  instead of specifying the date under subsection (2)(c), specify an
        earlier date by which the perishable or hazardous property shall be
        removed from that land; and

   (b)  state that if the perishable or hazardous property is not removed by
        the specified date, the Authority may cause immediate disposal of the
        perishable or hazardous property by sale or otherwise as the Authority
        thinks fit.

(4) Where the Authority is satisfied that the property required by the
removal notice to be removed has been removed as so required, he shall serve
on the person on whom the removal notice has been served a further notice
specifying the matters in respect of which he is so satisfied. (25 of 2004 s.
22) (Enacted 1994)