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[接上页] (c) the condition is taken to have been met if the condition is met in respect of all the persons for whose benefit the condition was imposed other than those who waive compliance in writing.(3) The notice mentioned in subsection (2)(b) must- (a) describe the purpose of the entry; and (b) be served on the owner and the occupier.(4) Where- (a) the Secretary has authorized the scheme; or (b) the Chief Executive in Council has declined to authorize the scheme; or (c) the Chief Executive in Council has authorized the scheme; or (d) the Chief Executive in Council imposes any modifications or conditions when authorizing the scheme; or (e) any modification or condition previously imposed is removed or varied,that fact is to be published in the manner set out in section 6. (Amended 62 of 1999 s. 3) Cap 519 s 14 Secretary may exercise powers Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 The Secretary may exercise the powers set out in this Ordinance for the purposes of or incidental to a scheme subject to the terms of the scheme considered by the Chief Executive in Council and to any condition imposed by the Chief Executive in Council, if the Secretary or the Chief Executive in Council has authorized the scheme under this Ordinance. (Amended 62 of 1999 s. 3) Cap 519 s 15 Minor works (1) The Secretary may authorize the carrying out of any works, including works carried on outside the boundaries of the scheme- (a) which, in his opinion are minor in respect of any physical or structural operations involved; (b) which are required for the purposes of the scheme; and (c) for which the only powers required to be exercised by him are- (i) to authorize the closure of a road which, in his opinion, serves no useful purpose; (ii) to authorize the closure of a road to use for a period not exceeding 14 days in any period of 3 months; (iii) to authorize the closure of part of the width of a road to use but not to such extent as will interfere unreasonably with the normal flow of traffic on that road and for no longer than is reasonably necessary to carry out the works.(2) The Secretary may, where the exercise of any of the powers specified in subsection (1)(c)(i), (ii) or (iii) is required for the carrying out of any works described in subsection (1), exercise any such powers for the carrying out of the works. (3) A person does not have a right against Government or any other person- (a) to restrain or compel anything authorized under this section; or (b) to recover any money for anything authorized under this section.(4) In this section, "road" (道路) means a public road. Cap 519 s 16 Chief Executive may order resumption of land Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 The Chief Executive may order that any land proposed to be resumed in a scheme that has been authorized under section 11 or 12(1) be resumed for the purposes of or incidental to the scheme. (Amended 62 of 1999 s. 3) Cap 519 s 17 Land required for public purpose Land required for the scheme is taken to be required for a public purpose for the purposes of section 3(1) of the Land Acquisition (Possessory Title) Ordinance (Cap 130). Cap 519 s 18 Resumption order (1) An order made under section 16 is to specify the period of notice to be given under subsection (2), which period is to- (a) run from the day on which notice of the resumption is affixed on or near the land and in no case expire earlier than 28 days from that day; and (b) prevail over any other period of notice or resumption (whether shorter or longer) provided for by the Government lease or other instrument under which the land is held.(2) Unless the Chief Executive has previously revoked the order for resumption, the resumption of the land described in the order is to be effective upon expiration of the period of notice specified in the order and, upon its expiry, that land is to- (Amended 62 of 1999 s. 3) (a) where it is an undivided share in land, vest in The Financial Secretary Incorporated together with such rights to the use and occupation of any building or part of the building as may be appurtenant to the ownership of that share; and (b) in all other cases, revert to the Government,but in either case the land is to vest or revert without any conveyance and free of all mortgages, charges, claims, estates, easements, rights or interests of any kind in favour of any person. (3) The ownership of any apparatus belonging to an owner or supplier of gas, electricity, water or telecommunications services and situated in, under or over any land is not altered by reason only of the vesting or reversion of that land under subsection (2). (Amended 36 of 2000 s. 28) (4) The Secretary is required, as soon as practicable after the land has vested in The Financial Secretary Incorporated or reverted to the Government, to cause such vesting or reversion to be noted in the register of the land kept in the Land Registry. |