【法规名称】
【法规编号】 61620 什么是编号？
【正 文】
第5页 CAP 577 TUNG CHUNG CABLE CAR ORDINANCE
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[接上页] (8) In determining the amount of the compensation, no account is to be taken of- (a) any expectation or probability of the grant, renewal or continuance by the Government or any person of any licence, permission, lease or permit of any kind; (b) any use of the land which is not in accordance with the terms of the Government lease under which the land is held.(9) No action, claim or proceeding lies or may be brought against the Government, the Company or any other person to recover compensation in respect of any loss or damage arising out of the creation of an easement by section 10(1) or 11, or the exercise of any rights pursuant to such an easement, except as provided for by this section. (10) Compensation and costs payable by the Government under this section are payable out of the general revenue. (11) In this section, "value" (价值) means the open market value of the land, assessed as at the date of the creation of the easement. Cap 577 s 14 Entry on land in emergency (1) If an emergency arises or is reasonably apprehended in connection with the Cable Car System, the Company may enter on any land in order to prevent the emergency, or to mitigate the effects of the emergency, and may do all such things and take on the land all such persons, vehicles and equipment as are necessary for the purpose. (2) If the Company intends to enter on any land pursuant to subsection (1) it shall, before the intended entry- (a) give to the owner of the land a notice of its intention and of the right to compensation under subsection (4); and (b) fix a copy of the notice in a conspicuous position on the land.(3) If it is not practicable for the Company to comply with subsection (2) before entering on the land, the Company shall, as soon as practicable after entry has been made- (a) give to the owner of the land a notice that entry has been made and of the right to compensation under subsection (4); and (b) fix a copy of the notice in a conspicuous position on the land.(4) Any owner of land who suffers any loss or damage to the land as a direct result of entry on the land by the Company pursuant to subsection (1) may claim from the Company compensation for loss or damage arising as a direct and reasonably foreseeable result of the entry. (5) Subsections (2) to (7) of section 13 govern the procedure for a claim against the Company under this section, except that- (a) references in those subsections to "the Director" are to be read as references to "the Company"; (b) the reference in that subsection (5)(a) to "the Government" is to be read as a reference to "the Company"; (c) the reference in that subsection (2) to "the creation of the easement" is to be read as a reference to "the entry on the land".(6) In the application of the Lands Tribunal Ordinance (Cap 17) to a claim under this section, section 11(1) of that Ordinance shall have effect as if for paragraphs (a) and (b) thereof there were substituted the words "the amount of compensation payable under section 14 of the Tung Chung Cable Car Ordinance (Cap 577)". (7) In this section, "land" (土地) does not include unleased land as defined in section 2 of the Land (Miscellaneous Provisions) Ordinance (Cap 28), unless it is occupied under Part II of that Ordinance. Cap 577 s 15 Resumption of land Any resumption of land by the Government for the Cable Car System is deemed to be resumption for a public purpose within the meaning of section 2 of the Lands Resumption Ordinance (Cap 124). Cap 577 s 16 Royalty payments PART 5 FINANCIAL PROVISIONS (1) The Company shall pay to the Government, in respect of the operation of the Cable Car System, a royalty at a rate, at times, and for a period as specified in the Schedule. (2) If- (a) the franchise is assigned under section 5 to any person other than a wholly-owned subsidiary of the MTR Corporation Limited; or (b) a body corporate is designated under section 27(7) as the Company (being a Company other than the MTR Corporation Limited or its wholly-owned subsidiary),the Secretary may by notice published in the Gazette amend the Schedule. (3) Section 34 of the Interpretation and General Clauses Ordinance (Cap 1) does not apply to a notice published under subsection (2). Cap 577 s 17 Records in relation to royalty (1) For the purpose of ascertaining the amount of the royalty which is payable under section 16, the Company shall- (a) provide a system for evidencing to the satisfaction of the Financial Secretary the number of fare-paying passengers on the Cable Car System in each direction; (b) permit the Financial Secretary, or any person authorized in writing by the Financial Secretary, to make all reasonable tests and checks to satisfy himself or herself as to the integrity of the system; (c) permit the Financial Secretary, or any person authorized in writing by the Financial Secretary, at all reasonable times to inspect and make copies of the records evidencing the payment of fares on the Cable Car System.(2) Nothing in subsection (1) requires the Company or any other person to produce any document or provide any information which the Company or that other person could not be compelled to produce or provide in civil proceedings in the High Court. |
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