【法规名称】
【法规编号】 68747 什么是编号？
【正 文】
第5页 CAP 519 RAILWAYS ORDINANCE
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[接上页] (5) Upon vesting of an undivided share in The Financial Secretary Incorporated, the share together with any part of a building the exclusive use and occupation of which is appurtenant to the ownership of the share, is taken to be unleased land for the purposes of section 6 of the Land (Miscellaneous Provisions) Ordinance (Cap 28). (Amended 29 of 1998 s. 100) Cap 519 s 19 Notices of resumption of land Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Notice of resumption by order made under this Ordinance is to be- (a) served on every person known to the Secretary as having any estate, right, share or interest in the land mentioned in the order; (b) published- (i) in Chinese and English in one issue of the Gazette; (ii) in one issue of a Chinese language daily newspaper published in Hong Kong; (iii) in one issue of an English language daily newspaper published in Hong Kong; and (iv) by affixing a copy in Chinese and English on or near the land mentioned in the order; and(c) made available for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during normal opening hours.(2) A notice of resumption must- (a) describe the land to be resumed and state that an order for resumption has been made under this Ordinance for the land; (b) state where and at what times a copy of the order and, where appropriate, a plan of the land may be inspected; (c) state the day on which the notice was affixing on or near the land; (d) state the period of notice specified by the Chief Executive; (Amended 62 of 1999 s. 3) (e) declare that, on expiry of that period, the land described in the notice reverts to the Government or vests in The Financial Secretary Incorporated, as the case may require, for the purposes of or incidental to the scheme; and (f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Secretary. Cap 519 s 20 Chief Executive may order creation of easements and rights Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The Chief Executive may by order create easements and other permanent rights in, under or over land and rights of temporary occupation of land within the boundaries of the scheme, which easements and rights were proposed in the scheme in favour of the Government for the purposes of or incidental to the railway. (Amended 62 of 1999 s. 3) (2) An order under subsection (1) must specify the period of notice to be given to the owner and occupier of the land over which the rights are created. The notice period is to run from the day on which notice of the order creating the easement or right is affixed to the land and in no case to expire earlier than 28 days from that day. (3) An order referred to in subsection (1) may contain such consequential and incidental provisions as appear to the Chief Executive to be necessary or expedient for the purposes of the order including in particular provisions for authorizing persons to enter upon land or building for the purposes of carrying out any operations or installing, maintaining or removing any structures or apparatus. (Amended 62 of 1999 s. 3) (4) Unless the Chief Executive has revoked the order referred to in subsection (1), upon expiry of the notice period, the easement or right is to be created in favour of the Government and the benefits and obligations of that right and all consequential and incidental provisions are to be of full force and effect against all persons having any estate, right, share or interest in the land without any consent, grant or conveyance. (Amended 62 of 1999 s. 3) (5) A person is not permitted, in exercise of any power of entry under subsection (3), to enter upon any land which is occupied without giving at least 28 days notice of his intention to do so, unless the Secretary is of the opinion that an emergency exists which necessitates immediate entry. (6) A notice under subsection (5) must be served on the owner and occupier of the land. (7) The ownership of any thing is not to be altered by reason only that it is placed on or affixed to any land in exercise of the rights and powers arising from or incidental to an easement or right created under subsection (1). (8) The Secretary is required, as soon as practicable after an easement or other permanent right has been created in favour of the Government, to cause the creation of such easement or right to be noted in the register of the land kept in the Land Registry. Cap 519 s 21 Notices of creation of easements or other rights Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) Notice of creation of an easement or right is to be- (a) served on every person known to the Secretary as having any estate, right, share or interest in the land mentioned in the order; (b) published- (i) in Chinese and English in one issue of the Gazette; (ii) in one issue of a Chinese language daily newspaper published in Hong Kong; |
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