【法规名称】
【法规编号】 68735 什么是编号？
【正 文】
第6页 CAP 556 MASS TRANSIT RAILWAY ORDINANCE
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[接上页] (4) Notice given by the Corporation under section 19(4) does not affect the Corporation's entitlement to compensation under this section and, accordingly, the amount of any compensation payable under this section in respect of property specified in such a notice shall be calculated as if the property had been disposed of under section 19(3) without that notice having been given. (5) The amount of any compensation payable to the Corporation under this section shall be calculated in accordance with the provisions of the operating agreement relating to the calculation of compensation payable under this section. Cap 556 s 21 Government may be required to take possession of railway property (1) Where there has been any occasion of exercise of the power conferred under section 19(1) to take possession of property used or kept by the Corporation for the purposes of or in connection with the franchise the Corporation may, by notice to the Secretary, request the Government to take possession of any other property which the Government, its nominee or a third party designated by the Government was entitled to take possession of, but did not take possession of, under that subsection on that occasion. (2) A notice under subsection (1) shall be given within a period of 6 months from the occasion on which the power conferred under section 19(1) was exercised and shall, as regards any property which the Government is requested to take possession of- (a) specify the property and its location; (b) contain information, or be accompanied by documents, verifying that the property was, on the occasion of the exercise of the power under section 19(1), property which was used or kept by the Corporation for the purposes of or in connection with the franchise; and (c) contain all information necessary for the Government to gain access to and take possession of the property.(3) Unless there is some legal impediment to its doing so, or it is unable to gain access to the property, the Government shall take possession of the property specified in the notice referred to in subsection (1). (4) A taking of possession of property by the Government under this section shall be treated for the purposes of section 20(1) and (2) as if it were a taking of possession of that property under section 19(1). (5) For the purpose of, and to the extent necessary to effect, the disposal of any property taken possession of under subsection (3) (and for that purpose and to that extent only), title in the property is deemed to be vested in the Government. (6) No action lies against the Government in respect of the taking of possession of any property under this section on the ground that the property was not property which the Government was entitled to take possession of under this section. Cap 556 s 22 Power of entry The Government, its nominee or a third party designated by the Government may, for the purpose of taking possession of property under this Part, enter upon any premises where it is reasonably necessary to do so for that purpose. Cap 556 s 23 Settlement or determination of claim for compensation PART V COMPENSATION (1) The Government may compromise or settle any claim for compensation under this Ordinance. (2) In default of an agreement between the Government and a claimant as regards the amount of compensation, if any, payable to the claimant under this Ordinance, the compensation shall be determined by arbitration under the Arbitration Ordinance (Cap 341). (3) For the purposes of an arbitration under subsection (2), the Government and the claimant shall be regarded as having made an arbitration agreement within the meaning of the Arbitration Ordinance (Cap 341) the terms of which include a provision that the compensation shall, in the absence of an agreement, be determined by a single arbitrator. Cap 556 s 24 Provisional payment pending determination of compensation (1) Pending any determination of compensation by an arbitrator as provided in section 23, the Government may pay to a claimant an amount as a provisional payment of the amount, if any, payable under the arbitrator's determination. (2) A payment by the Government under subsection (1) in respect of a claim does not prejudice the claim or the submission of the claim to, or its determination by, the arbitrator under this Part; but the amount of compensation payable under the arbitrator's determination in respect of the claim shall be reduced by the amount of the payment made. (3) Where the amount of compensation payable under a determination of the arbitrator is reduced under subsection (2) by the amount of any payment made under subsection (1), only the amount of the compensation as so reduced bears interest for the purpose of section 25(1). (4) Where the amount of a payment made by the Government under subsection (1) in respect of a claim exceeds the amount of the compensation determined by the arbitrator in respect of the claim, the amount of the excess is recoverable by the Government as a civil debt. |
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