Mining Ordinance

This Ordinance may be cited as the Mining Ordinance.

In this Ordinance, unless the context otherwise requires—

Commissioner ( 處長 ) means the Commissioner of Mines appointed under the provisions of section 42 and also the Deputy Commissioner of Mines appointed under that section;

functions ( 職能 ) includes powers and duties;

Government land ( 政府土地 ) means all land other than private land;

mine ( 礦場 ) includes any place, excavation or working whereon, wherein or whereby an operation in connexion with mining is carried on;

mineral ( 礦物 ) includes—

1. metalliferous ores and other substances in their natural state which are obtainable only by mining or in the course of prospecting operations;
2. metalliferous ores and other substances in their natural state mined or obtained in the course of prospecting operations;
3. the valuable parts of such ores or other substances when unmanufactured;
4. the product of treating or dressing such ores or other substances for marketing or export; and
5. kaolin,

1. any clay other than kaolin;
2. granite, porphyry, limestone and sand; and
3. any common mineral substance which the Chief Executive by notice in the Gazette declares not to be a mineral for the purposes of the provisions of this Ordinance other than section 3, (Amended 57 of 1999 s. 3)

mineral oil ( 礦物油 ) includes pitch, asphalt and natural gas;

mines officer ( 礦務人員 ) means any officer appointed under the provisions of section 42 ;

owner ( 業主 ), in its application to land, means the person entitled to the land under Government Lease or agreement for lease or other form of valid title from the Government;

pollute ( 污染 ) includes any contamination with any chemical or any other substance in such a quantity as to be injurious to human, animal or vegetable life;

private land ( 私人土地 ) means land held under lease, agreement for lease, tenancy agreement, licence, permit, deed of appropriation, or other valid title from the Government, and also land occupied by the Hong Kong Garrison under lease, licence, permit, requisition or other permanent or temporary title;

prospect and prospecting ( 勘探 、 探礦 ) mean to search for minerals and also such working as is reasonably necessary to enable the prospector to test the mineral-bearing qualities of the land;

regulations ( 規例 ) means any regulations for the time being in force, made under the provisions of this Ordinance;

Superintendent ( 總監 ) means the Superintendent of Mines appointed under the provisions of section 42 ;

tailings ( 尾礦 ) means all gravel, sand, slime or other substance which is the residue of mining operations;

to mine ( 採礦 、 開採 ) means intentionally to win minerals and includes any operation necessary for the purpose.

It is hereby declared that the entire property in and control of all minerals and mineral oils in, under or upon any lands or under any waters within Hong Kong is vested in the Government, save in so far as such property and control may be limited by any express grant by the Government.

Save as provided in this Ordinance, no person shall prospect or mine in, under or upon any lands or under any waters within Hong Kong.

Nothing in this Ordinance shall be construed so as to confer any right to prospect for or to win any mineral oil.

1. Nothing in this Ordinance shall be construed so as to sanction prospecting or mining in, under or upon any area held to be sacred or to sanction the injury or destruction of any tree or other thing which is the object of veneration.
2. If any question arises under this section as to whether any area is held to be sacred or whether any tree of other thing is the object of veneration, such question shall be referred to the Director of Home Affairs, whose decision shall be final. (Amended L.N. 18 of 1983; L.N. 262 of 1989; L.N. 621 of 1994)

1. When not resident in Hong Kong every holder of a prospecting or mining licence and every lessee of a mining lease shall at all times have a duly authorized attorney, approved by the Director of Lands, resident in Hong Kong, with full power to represent the holder or lessee in all matters relating to his licence or lease, and shall, within 1 month after appointing such attorney or making any change in such appointment, produce to the Director of Lands the original of the power of attorney or of the document whereby such power of attorney is altered, and supply a copy thereof for his retention. (Amended 57 of 1999 s. 3)
2. If the holder of a prospecting or mining licence or the lessee of a...