【法规名称】
【法规编号】 68747 什么是编号？
【正 文】
第10页 CAP 519 RAILWAYS ORDINANCE
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[接上页] (5) The Secretary must within 6 months of the service of a claim on him or, if he has requested further particulars under subsection (4) within 6 months of the day on which they are furnished in accordance with that subsection, notify the claimant in writing that he- (a) admits the entire claim; or (b) rejects the entire claim; or (c) admits a specified part or parts and rejects the remainder,and in every case must briefly state his reasons for rejection so that the claimant is adequately informed of those reasons. The Secretary may at any time state further reasons for rejection of claim. (6) The Secretary may, where he has rejected a claim or any part of the claim under subsection (5) or where a claim or any part is deemed to have been rejected under subsection (4)- (a) by notice in writing offer to the claimant such sum, including costs as agreed or taxed, as the Government is willing to pay in full and final settlement of the claim or any part; (b) commence proceedings in the Lands Tribunal, to have the claim or any part for which no offer is made, heard and determined by it under this Ordinance; (c) commence proceedings in the Lands Tribunal where any offer under paragraph (a) is not accepted by the claimant within 28 days of the date of the offer.(7) If, after the expiry of 7 months from the receipt of a claim by the Secretary, it has not been settled by agreement, either the claimant or the Secretary may commence proceedings in the Lands Tribunal to have the claim, or so much thereof as is still then in dispute heard and determined by it under this Ordinance. (8) If the claimant has failed to supply further particulars required by the Secretary under subsection (4), the Lands Tribunal may on the hearing of the claim consider the merits of the Secretary's request for further particulars and the claimant's failure to supply them and may, if it thinks fit- (a) order the claimant to supply some or all of the particulars; and (b) adjourn the hearing until the order is complied with and the particulars are considered by the Secretary; and (c) make such further order as it thinks fit as to the costs of either party occasioned by the Secretary's request for and the claimant's failure to supply the further particulars. Cap 519 s 35 Settlement after reference to Lands Tribunal (1) At any time after proceedings have been commenced in the Lands Tribunal but before compensation is finally assessed, the Secretary may make an offer in writing or the claimant may by notice to the Secretary state a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of the claim or any rejected part. (2) Until the Lands Tribunal assesses the amount of compensation for that part of a claim for which an offer made by the Secretary under section 34(6)(a) or by the Secretary or the claimant under subsection (1) and which is not accepted by the other party, the offer is not to be disclosed to the Lands Tribunal. A copy of the offer enclosed in a sealed envelope may be lodged with the registrar of the Lands Tribunal and opened by it after it has made its assessment. (3) The Lands Tribunal must, unless for special reason it thinks it proper not to do so, order a claimant to bear his own costs and to pay the costs of the Secretary so far as the costs are incurred after the making of an offer if the Secretary has made the offer under subsection (1) or section 34(6)(a), including costs as agreed or taxed, which was not accepted by the claimant and the compensation assessed by the Lands Tribunal does not exceed the amount of compensation in the offer. (4) The Lands Tribunal must, unless for special reason it thinks it proper not to do so, order the Secretary to bear his own costs and to pay the costs of the claimant so far as the costs are incurred after the claimant stated a sum under subsection (1) that the Secretary has not accepted and the compensation assessed by the Lands Tribunal is not less than the amount of compensation stated by the claimant. Cap 519 s 36 Jurisdiction of Lands Tribunal PART IV ASSESSMENT AND AWARD OF COMPENSATION (1) The Lands Tribunal has jurisdiction to hear and determine- (a) all claims for compensation which the Secretary or the claimant may refer to it under section 34(6) or (7); and (b) applications under sections 28(2) and 33(2).(2) The Lands Tribunal has jurisdiction to award compensation or a part of the compensation to a claimant if at the time of the award it does not have notice or intimation of any dispute as to his entitlement. The making of an award does not affect the entitlement to receive compensation under this Ordinance of any other person who may after that award be held by a court of competent jurisdiction to have a better title to the compensation or a part of it than the person to whom it was awarded. (3) An award of compensation under subsection (2) does not affect the entitlement of a mortgagee to be paid compensation under section 37. |
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