【法规名称】
【法规编号】 68747 什么是编号？
【正 文】
第13页 CAP 519 RAILWAYS ORDINANCE
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[接上页] (A) by repealing "5(2)(a)(i), 7(2)(a)(i), 9,"; (B) by repealing "or lawfully exercising any power consequential or incidental to an easement or right created pursuant to section 6".(4) In this section- "appointed date" (指定日期) means the date appointed by the Secretary for Transport under subsection (1); (Amended L.N. 106 of 2002) "existing railway" (现有铁路) means a railway or any part of a railway- (a) in respect of which any land has been delineated as railway area under the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Cap 276) immediately before the appointed date; and (b) the construction of which has been completed at any time before the appointed date. Cap 519 s 46 (Omitted as spent) (Omitted as spent) Cap 519 s 47 (Omitted as spent) (Omitted as spent) Cap 519 SCHEDULE Remarks: Amendments retroactively made - see 29 of 1998 s. 101 [sections 32, 33, 34 & 38] PART I 1. General effect of this Part This Part, where applicable, has effect for assessing compensation under Part II and is- (a) in addition to the provisions of the Lands Resumption Ordinance (Cap 124) that apply, by Part II, to the assessment of compensation; and (Amended 29 of 1998 s. 101) (b) prevail over any provision referred to in paragraph (a) which is inconsistent or in conflict with a provision in this Part. 2. Definitions applicable to Part II In this Schedule- "date of resumption" (收回日期) means the day on which land reverts to the Government or vests in The Financial Secretary Incorporated under section 18(2) of this Ordinance; "disturbance" (骚扰) means the dispossession of a person of land or the interruption of or interference with a trade or business, whether such dispossession, interruption or interference is temporary or permanent; "disturbance payment" (骚扰补偿金) means a sum equal to- (a) the expenditure and loss of money actually and reasonably incurred or to be reasonably incurred and arising from the dispossession of a person of land by reason of the matter for which the claimant is entitled to claim compensation under Part II; and (b) for disturbance of a trade or business on any land, the expenditure and loss of money actually and reasonably incurred or to be reasonably incurred and arising from the disturbance of that trade or business by reason of the matter for which the claimant is entitled to claim compensation under Part II,but a disturbance payment is not to include any expenditure or loss which would not be recoverable, on the grounds that the expenditure or loss was too remote or was not caused by the disturbance, if that disturbance were a tort;"open market value" (公开市场价值) means the amount which the land, if sold in the open market by a willing seller, might reasonably be expected to realize. 3. Fluctuations in value of land Subject to sections 8 and 10, where the open market value of any land is relevant for the purposes of assessing compensation under this Ordinance, no account is taken of any increase or decrease in that value which is attributable to anything done or proposed to be done under this Ordinance. 4. Disturbance payments (1) For assessing a disturbance payment, the Lands Tribunal is required, for any expenditure or loss to be incurred and for which the claimant is entitled under this Ordinance to be compensated, to assess the value of the expenditure or loss at the time of the award as if the expenditure or loss formed part of a claim for damages in tort. (2) No disturbance payment is payable for any interference with a trade or business if the interference does not last for more than 14 days. 5. Unlawful building works Compensation may be reduced so far as may be just and equitable for any building or part of a building which has been constructed or modified, or on which building works have been carried out, that is a contravention of the Buildings Ordinance (Cap 123) or a contravention of a Government lease or other instrument under which land built upon is held. 6. Compensation where damage results only partly f |
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