Hong Kong Regulations

WATER POLLUTION CONTROL (SEWERAGE) REGULATION - SCHEDULE 2

Caution: This is a past version. See the current version here.

(sections 1 & 26)

APPLICATION OF THE ROADS (WORKS, USE AND COMPENSATION) ORDINANCE

PART I

PROVISIONS OF THE ROADS (WORKS, USE AND COMPENSATION) ORDINANCE APPLIED

Sections 2, 3, 5 to 24 and 36 to 38.

PART II

General Modifications and Additions

1. (1) In sections 3, 5, 6, 7, 8, 9, 10, 11, 12, 14 (except 14(2)(e) and (f)),
15, 16 (except 16(2)(f)), 18 (except 18(2)(e)), 19, 20, 21 (except 21(3)(d)),
22 and 36, repeal "Secretary" wherever it occurs and substitute "Authority".

(2) In section 13(5), repeal "The Secretary" and substitute "The Authority".

(3) In section 20(3), repeal "Secretary's" and substitute "Authority's". 2. In
sections 14(2)(f), 16(2)(f), 18(2)(e) and 21(3)(d), repeal everything after
"under" and substitute- "the Water Pollution Control (Sewerage) Regulation
(Cap. 358 sub. leg.) may serve a written claim upon the Secretary.". 3. A
reference in any section specified in Part I-

   (a)  to another provision of the Roads (Works, Use and Compensation) 
        Ordinance ( Cap. 370) shall be read as a reference to the other
        provision in that Ordinance;

   (b)  to "this Ordinance" shall be read as a reference to the Roads 
        (Works, Use and Compensation) Ordinance ( Cap. 370).

Particular Modifications and Additions

Section applied Modification or addition

2 (a) In subsection (1)-

        (i)    add- ""Authority" (監督) has the same meaning as in the
               Water Pollution Control  Ordinance ( Cap. 358);";

        (ii)   in the definition of "claim", repeal "section 29" and
               substitute "the Water Pollution Control (Sewerage) Regulation
               (Cap. 358 sub. leg.)";

        (iii)  in the definition of "Secretary", repeal "Transport" and
               substitute "Planning, Environment and Lands";

        (iv)   in the definition of "use", repeal "road" where it twice occurs
               and substitute "sewerage";

        (v)    repeal the definition of "works" and substitute- "" works"
               (工程) means any thing which may be done by the Authority or
               may be required by the Authority to be done under or pursuant
               to Part II, III or IV of the
               Water Pollution Control (Sewerage) Regulation ( Cap. 358 sub.
               leg.);".

   (b)  Repeal subsections (2) to (4).

5 (a) Repeal "works, other than under section 4" and substitute "works in
respect of which he seeks the excercise of powers conferred under
section 6(1), 11(7), 13(1), 15(1), 17(1), 19(1), 20(1), 21(1), 22 or 23(1)".

   (b)  In paragraph (b)(i), repeal "and the use to which he intends the road
        will be put". 10 In subsection (1), repeal everything after "both" and
        substitute a full stop. 15 Repeal subsection (5) and substitute- "(5)
        No person shall, in the exercise of any power of entry referred to in
        subsection (3), enter upon any land which is occupied without giving
        to the occupier at least 28 days' notice of his intention to do so
        unless-

   (a)  the Authority is of the opinion that an emergency exists which
        necessitates immediate entry; or

   (b)  the entry is required for the purpose of inspecting any works,
        structure or apparatus or carrying out any routine maintenance on
        them.". 24 Repeal "$5000 an substitute $10000". 36 (a) In paragraph
        (b), repeal "or" at the end.

   (b)  Repeal paragraph (c). 38 (a) In paragraph (a), repeal "nor to any
        claim for or determination, award or payment of compensation for such
        resumption;" and substitute "; and".

   (b)  In paragraph (b), repeal "; and" at the end and substitute a full
        stop.

   (c)  Repeal paragraph (c). (Enacted 1994) "Authority" (監督) "works"
        (工程)