【法规名称】
【法规编号】 61620 什么是编号？
【正 文】
第4页 CAP 577 TUNG CHUNG CABLE CAR ORDINANCE
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[接上页] Cap 577 s 11 New easements If the route projection area is varied pursuant to section 3(2), the easements referred to in section 10(1) are created in favour of the Company in respect of any additional land comprised in the route projection area as varied, and the provisions of section 10 apply to that land from the date of publication of a notice in the Gazette under section 3(3)(a). Cap 577 s 12 Notice of creation of easements (1) Once an easement is created in favour of the Company by section 10(1) or 11 the Secretary shall within 28 days- (a) cause the easement to be registered in the Land Registry under the Land Registration Ordinance (Cap 128); (b) give notice of the creation of the easement in accordance with this section.(2) The notice of the creation of an easement required by subsection (1)(b) shall be- (a) served on the person who was, at the date of the creation of the easement, the owner of the land to which the easement relates- (i) by being affixed in a conspicuous position on the land; (ii) by delivery to the owner; or (iii) by registered post to the owner's last known postal address;(b) published- (i) in Chinese and English in one issue of the Gazette; (ii) in one issue of a Chinese language daily newspaper circulating in Hong Kong; and (iii) in one issue of an English language daily newspaper circulating in Hong Kong; and(c) made available for inspection by the public free of charge, during normal opening hours, at such offices of the Government as the Secretary specifies.(3) A notice of the creation of an easement shall- (a) describe the land and the easement and state that the easement has been created by this Ordinance; (b) state when the easement was created in favour of the Company; (c) state where and at what times a plan of the land may be inspected; (d) state the date on which and the manner in which service of the notice was effected; (e) state that claims for compensation may be submitted in writing to the Director not later than 12 months after the creation of the easement; and (f) state that if the parties fail to agree, claims for compensation will be determined by the Lands Tribunal.(4) In this section, "land" (土地) does not include unleased land as defined in section 2 of the Land (Miscellaneous Provisions) Ordinance (Cap 28). Cap 577 s 13 Compensation (1) When an easement over land is created by virtue of section 10(1) or 11, the Government becomes liable to pay compensation to the person who at the date of creation of the easement is the owner of the land, in respect of any diminution of the value of the owner's estate, right or interest in the land as a result of the easement. (2) A person who wishes to claim compensation under this section shall send written particulars of the claim to the Director, not later than 12 months after the creation of the easement, or within such longer period as the Director may in any particular case allow, setting out- (a) the name of the claimant and an address for service of notices; (b) the nature of the claimant's interest in the land; (c) the loss or damage sustained; (d) the amount of the claim; and (e) how the amount is calculated.(3) The Director may request the claimant to provide further particulars of and in support of the claim or any item of it. If such particulars are not provided within one month of the request, or within any further period the Director allows in writing, the claim or the item of the claim, as the case may be, must be rejected and subsection (4) will not apply to it. (4) The Director shall, within 6 months after receiving a claim under subsection (2), or, if the Director has requested further particulars under subsection (3), within 6 months after receiving the particulars, notify the claimant in writing that the Director- (a) admits the whole claim; (b) rejects the whole claim, with brief reasons for the rejection; or (c) admits a specified part of the claim and rejects the remainder, with brief reasons for the rejection.(5) If the Director rejects a claim or any part of it, the Director may- (a) offer in writing to the claimant a sum the Government is willing to pay in full and final settlement of the claim or any part of it, with costs to be agreed; or (b) if an offer under paragraph (a) is not made, or is not accepted within one month of being made, commence proceedings in the Lands Tribunal to have the claim, or so much of it as is then in dispute, determined in accordance with this Ordinance.(6) If the claimant and the Director fail to reach agreement on compensation within 7 months after receipt by the Director of the claim under subsection (2), or of any further particulars requested under subsection (3), either the claimant or the Director may submit the claim to the Lands Tribunal for determination in accordance with this Ordinance. (7) The Lands Tribunal has jurisdiction to determine the amount of any compensation payable and, subject to subsection (8), to apply the provisions of the Lands Tribunal Ordinance (Cap 17) in the determination of the claim. |
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