【法规名称】
【法规编号】 68747 什么是编号？
【正 文】
第12页 CAP 519 RAILWAYS ORDINANCE
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[接上页] (ii) a road serves no useful purpose,shall be admissible as sufficient evidence of the facts stated therein, until the contrary is proved. Cap 519 s 42 Disposal of lands and easements Any land resumed or any Government foreshore or sea-bed reclaimed or any easement or other right created under this Ordinance and any land which becomes vested in The Financial Secretary Incorporated may be used in such manner as the Government or The Financial Secretary Incorporated thinks fit and may be disposed of to any person by any means and on any terms. Cap 519 s 43 Certain Ordinances not to apply Remarks: Amendments retroactively made - see 29 of 1998 s. 101 Except to the extent that provision is otherwise made in this Ordinance- (a) the Lands Resumption Ordinance (Cap 124) does not apply to the resumption of any land ordered under this Ordinance nor to any claim for or determination, award or payment of compensation for the resumption; (Amended 29 of 1998 s. 101) (b) the Foreshore and Sea-bed (Reclamations) Ordinance (Cap 127) does not apply to an order made under this Ordinance nor to its implementation or effects; (c) the Buildings Ordinance (Cap 123) does not apply to the scheme for the purpose of giving rise to any claim for compensation; and (d) the Roads (Works, Use and Compensation) Ordinance (Cap 370) does not apply to the resumption of any land ordered under this Ordinance nor to any claim for or determination, award or payment of compensation for the resumption. Cap 519 s 44 Service of notices (1) Service of a notice required to be served on any person other than the Secretary under this Ordinance shall be effected- (a) subject to paragraph (b), by- (i) delivering it to the person personally; (ii) leaving it at the last known address of the person; or (iii) sending it by post addressed to the person at his last known address;(b) where the address of the person is unknown and cannot be reasonably ascertained, by affixing it on or near the affected land or building as is appropriate in the circumstances in a manner and location which makes it conspicuously visible.(2) A notice required to be served on any person other than the Secretary under this Ordinance is to be in writing and in both the Chinese and English languages. (3) A notice required to be served on the Secretary may be served- (a) by sending the notice by post; or (b) by delivering it to an officer who is authorized by the Secretary to receive notices on his behalf.(4) A certificate, relating to the service, giving, publishing or affixing of any notice, purporting to be signed by a public officer is evidence of the facts stated in the certificate. (5) The title to any land is not affected by- (a) any defect in a notice required under this Ordinance; or (b) any failure to serve, publish or affix a notice under this Ordinance. Cap 519 s 45 Exemption, repeal and transitional provisions (1) The Secretary for Transport may by notice published in the Gazette appoint a date as the appointed date for the purposes of this section. (Amended L.N. 106 of 2002) (2) (a) Subject to paragraph (b), the Chief Executive in Council may at any time before the appointed date by order published in the Gazette exempt from the operation of this Ordinance any railway or any part of a railway specified in the order. (Amended 62 of 1999 s. 3) (b) An exemption under paragraph (a) shall as from the appointed date cease to have effect in respect of a railway or any part of a railway, unless the railway or the part of the railway, as the case may be, is immediately before the appointed date an existing railway.(3) (a) Subject to paragraph (b), the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap 276) shall as from the appointed date be repealed. (b) For so long as an exemption under subsection (2) has effect in respect of any existing railway at any time on or after the appointed date, the provisions of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap 276) shall, notwithstanding paragraph (a), continue to have effect subject however that- (i) (A) any reference therein to railway shall be regarded as a reference to any such existing railway; (B) any reference therein to railway area shall be regarded as a reference to the land delineated as railway area in respect of any such existing railway under that Ordinance immediately before the appointed date;(ii) (A) subject to sub-subparagraphs (B) and (C), sections 3 to 7 and 9, and section 15(3) to (5), of that Ordinance shall be regarded as having been repealed; (B) sections 8 and 20 of that Ordinance shall be regarded as having effect as if sections 3 to 7 and 9 of that Ordinance had not been repealed; (C) references in sections 31 and 34 of and the Schedules to that Ordinance to any of the provisions of sections 3 to 7 and 9 of that Ordinance shall be regarded as references to such provisions whilst in force;(iii) section 16 of that Ordinance shall be regarded as having been amended- |
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