【法规名称】
【法规编号】 68747 什么是编号？
【正 文】
第11页 CAP 519 RAILWAYS ORDINANCE
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[接上页] Cap 519 s 37 Payment to mortgagees Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) Subject to subsection (2), a mortgagee of land which reverts to the Government or vests in The Financial Secretary Incorporated under this Ordinance, in so far as he has priority over any other mortgagee, is entitled to be paid so much of any compensation as is required to pay out his mortgage debt including any interest owing. (2) If compensation is payable under this Ordinance otherwise than for land resumed or if the land to which compensation relates is part only of the mortgage security, a mortgagee, in so far as he has priority as against any other mortgagee, is entitled to be paid so much of the compensation as is necessary to reduce his mortgage debt to an amount which is adequately secured by the land or the remaining land as the case may be. (3) The payment of compensation, as required by subsections (1) and (2), is to be made with the written agreement of the claimant and every mortgagee of the land or failing agreement in accordance with an order of the High Court under subsection (4). (Amended 25 of 1998 s. 2) (4) The claimant or a mortgagee may apply to the High Court for an order as to the payment of unpaid compensation. On the application the Court may make such order as it thinks just and equitable having regard to subsections (1) and (2). (Amended 25 of 1998 s. 2) Cap 519 s 38 Interest Remarks: For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see section 13 of 6 of 2001. (1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs)- (Amended 6 of 2001 s. 12) (a) for compensation payable under item 1 in Part II of the Schedule, as if the claim were made under the Lands Resumption Ordinance (Cap 124) for land resumed under that Ordinance; and (Amended 29 of 1998 s. 101) (b) in any other case, from the date and for the period it thinks fit and, subject to subsection (2), at such rate as it may fix. (Amended 6 of 2001 s. 12)(2) The rate of interest fixed under subsection (1)(b)- (a) in respect of a working day must not be lower than the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on that day; and (b) in respect of a non-working day must not be lower than the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on the last working day before that day. (Added 6 of 2001 s. 12)(3) In this section- "non-working day" (非工作日) means a day that is not a working day; "note-issuing bank" (发钞银行) has the meaning assigned to it by section 2 of the Legal Tender Notes Issue Ordinance (Cap 65); "working day" (工作日) means any day other than- (a) a public holiday; or (b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1). (Added 6 of 2001 s. 12) Cap 519 s 39 Compensation payable out of general revenue All compensation (including any interest) and all costs- (a) agreed to be paid to the claimant by the Secretary; or (b) awarded by the Lands Tribunal against the Government,are to be paid out of the general revenue within 3 months of the agreement or final award, unless there is a dispute as to the person entitled to such compensation. Cap 519 s 40 Surrender of title documents The Secretary may require any claimant to whom compensation is payable for land resumed to surrender his documents of title to the Secretary as a condition of payment being made. Where the documents of title relate also to land not resumed, the Secretary is to return them to the claimant after the resumption has been noted in the register of the land kept in the Land Registry. Cap 519 s 41 Certain statements to be evidence PART V MISCELLANEOUS A statement which is- (a) a statement in an order or a notice, or in a declaration in an order or a notice, made or given under this Ordinance to the effect that- (i) the resumption of any land; (ii) the reversion to the Government or the vesting in the Financial Secretary Incorporated of any land; (iii) the creation of an easement or right; or (iv) an authorization or a declaration under section 22(1)(a), (b) or (c), is for the purposes of or incidental to the scheme;(b) a statement in a notice given under this Ordinance to the effect that- (i) any power is exercised under section 5 in order to prepare, correct or amend a plan or scheme; (ii) any power is exercised under section 24 for the scheme, an assessment of the value of any land, building or other property or to ascertain the condition of the land or building; or (iii) the exercise of any power under any of the provisions of this Ordinance is necessary or required for the scheme;(c) a statement made in writing by the Secretary for the purposes of section 15 to the effect that- (i) any works are minor in respect of any physical or structural operations involved; or |
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