【法规名称】
【法规编号】 68747 什么是编号？
【正 文】
第9页 CAP 519 RAILWAYS ORDINANCE
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[接上页] (Amended 62 of 1999 s. 3) Cap 519 s 29 Obstruction A person who wilfully obstructs a person lawfully exercising a power, duty or function arising under this Ordinance is guilty of an offence and is liable on conviction to a fine at level 5 and imprisonment for 1 year. Cap 519 s 30 No right to compel or restrain PART III RIGHTS TO COMPENSATION AND CLAIMS PROCEDURE A person does not have any right against the Government or any other person to restrain or compel anything authorized under this Ordinance. Cap 519 s 31 No recovery of money except under this Ordinance Except to the extent of the rights to compensation under section 32, a person does not have any right against the Government or any other person to recover money- (a) for any use authorized under this Ordinance; or (b) for any works or anything else authorized under this Ordinance. Cap 519 s 32 Compensation Remarks: Adaptation amendments retroactively made - see 62 of 1999 s. 3 (1) The right to compensation referred to in section 31 is the right to recover from the Government for the matters set out in column 1 of Part II of the Schedule a sum assessed on the basis specified in column 2 and with regard to Part I of the Schedule, subject to- (a) the claim being served on the Secretary within the period specified in column 4 of Part II of the Schedule; and (b) the other provisions of this Ordinance.(2) A person described in column 3 of Part II of the Schedule has the right to recover compensation for the matters set out in column 1 to the extent suffered or incurred by him as assessed under this Ordinance. (3) The rights to compensation mentioned in the Schedule exist in addition to any benefit accruing to a claimant as a result of the implementation of any conditions imposed by the Chief Executive in Council under section 11(4). (Amended 62 of 1999 s. 3) Cap 519 s 33 Claims out of time (1) Subject to subsections (2) and (5), if a claim or an amendment to a claim is not served on the Secretary before the expiry of the period specified in column 4 of Part II of the Schedule for that matter, the right to claim compensation is barred. (2) The Lands Tribunal may extend the period referred to in subsection (1) on application made to it either before or after the expiry of the period if it considers that the delay in serving the claim occurred- (a) by mistake of fact; (b) by mistake of any matter of law (other than the relevant provision in column 4 of Part II of the Schedule); or (c) by any other reasonable cause.(3) The applicant must give notice of an application under subsection (2) to the Secretary. (4) An extension may be granted by the Lands Tribunal under subsection (2), with or without conditions for such period as it thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose. (5) The Secretary may, if he is satisfied- (a) the claimant has not had actual notice of an order; or (b) circumstances exist that the Secretary considers reasonable,accept service of a claim after the period specified in column 4 of Part II of the Schedule, and if he does so, the claim is deemed to have been served within that period. Cap 519 s 34 Claims procedure (1) A person who claims to be entitled to compensation under this Ordinance must serve on the Secretary a written claim setting out such of the following particulars as are applicable to his claim- (a) the name of the claimant, and his address for service of notices; (b) a full description of the land including any covenants, easements, rights or restrictions affecting the same; (c) the nature of the claimant's interest in the land including for a sub-lessee or sub-tenant his landlord's name and address and details of the sub-lease or tenancy; (d) details of any mortgage, including the principal still owing and name and address of the mortgagee; (e) if the claimant has let the land or any part, the name and address of each tenant and details of his lease or tenancy; (f) particulars of the claim showing- (i) the amount of the claim; (ii) under which item in Part II of the Schedule the claim is made; and (iii) how the amount claimed under each item is calculated.(2) The Secretary is to acknowledge receipt in writing and the date of receipt of a claim served on him under subsection (1). (3) The Secretary may, within 28 days of the receipt of an amended claim served before proceedings are commenced in the Lands Tribunal if the Secretary considers the amendment to be substantial, notify the claimant that he elects to treat the claim, for the purposes of this section, as if it were a new claim served under subsection (1) on the date on which the amendment was received by the Secretary, and this section applies accordingly. (4) The Secretary may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim or any item in the claim. If any of the particulars are not given to the Secretary within a period of 28 days from the date of the notice, or within such further period as the Secretary may in writing allow, the claim or the item for which the particulars were requested is deemed to be rejected and subsection (5) does not apply. |
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