Hong Kong Regulations

WATER POLLUTION CONTROL (SEWERAGE) REGULATION - SCHEDULE 2

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

(Past version on 01/01/2000).
(Past version on 17/07/1998).
(Past version on 30/06/1997).

[sections 1 & 26]

PART I

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

Sections 2 to 24 and 36 to 38.

PART II

General Modifications and Additions

1. (1) In sections 3, 4, 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 (except section 4) 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        (iii)  (Repealed L.N. 106 of 2002)

        (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).

4 (a) Repeal subsection (1)(a).

   (b)  In subsection (3), repeal "this Ordinance" and substitute "the
        Water Pollution Control (Sewerage) Regulation ( Cap 358 sub. leg.)".
        (L.N. 281 of 1998)

5 (a) (Repealed L.N. 281 of 1998)

   (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) (Repealed L.N. 281 of 1998)

   (b)  Repeal paragraph (c)(i).

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. L.N. 281 of 1998) "Authority"
        (監督) "works" (工程)