【法规名称】
【法规编号】 68901 什么是编号？
【正 文】
第6页 CAP 301 HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE
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[接上页] (d) contravenes the provisions of section 8; (e) fails to comply with a notice under section 10(1); (f) contravenes the provisions of section 15(3); (g) obstructs the Director-General of Civil Aviation, the Director of Buildings or the Director of Lands or any officer authorized by any of them in the execution of his duties; or (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 326 of 2000) (h) obstructs any servant or agent of a supplier of electricity or gas in the exercise of his powers under section 12,commits an offence and shall be liable to a fine at level 6 and to imprisonment for 12 months and, in the cases of a contravention under paragraphs (a), (d) and (f), to a further fine of $5000 for each day on which the offence has continued and, in the cases of a failure under paragraphs (b) and (e), to a further fine of $5000 for each day on which the failure to comply with the notice has continued. (Amended 88 of 1994 s. 6) Cap 301 s 21 Right to compensation PART III COMPENSATION Where any person- (a) has an interest in land the value of which is diminished, or (b) sustains damage by loss of rent or by being disturbed in the enjoyment of any right in or over land, or (c) incurs reasonable expenses for the purpose of carrying out building works which are required to be carried out, (other than building works necessary for the demolition or reduction in height of any building erected in contravention of section 4),in consequence of an order made under section 3, 7 or 9, or of the provision of any marking or lights under section 6, or of a notice given under section 10 such person shall be entitled to recover compensation: (Amended 4 of 1958 s. 7) Provided that no person claiming compensation under paragraph (a) shall be so entitled where the diminution in value of his interest in land is less than one-tenth of the diminished value of such interest, but this proviso shall not operate to prevent any person from recovering compensation in respect of a diminution in value resulting from the carrying out of building works in order to comply with the provisions of this Ordinance. Cap 301 s 22 Passing of right to compensation in case of disposition of land The right to recover compensation in respect of a diminution in value of an interest in land shall be deemed to pass with such interest upon any sale, gift, bequest, exchange, assignment, reassignment, release, partition, mortgage, charge or other transfer or disposition thereof unless the right to recover compensation is specifically excluded from passing by the terms of the instrument under which such interest passes. Cap 301 s 23 Time and manner for making claims, and settlement thereof (1) A claim for compensation under this Ordinance shall be made in writing to the Director of Lands- (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (a) in the case of a diminution in value of an interest in land in consequence of an order made under section 3(1)(a) or (1AA), within 1 year of the date of such order; and (Amended 88 of 1994 s. 7) (b) in any other case, not later than the expiry of 3 months from- (i) the completion of any building works carried out in consequence of an order under section 3(1)(c) or of an order under section 9; or (Amended 4 of 1958 s. 8) (ii) the completion of the provision or erection of any marks, lights or beacons under section 6 or 7; or (iii) the completion of any building works required to comply with a notice given under section 10(1): (Amended 4 of 1958 s. 8)Provided that the Secretary may, in any particular case, extend the period for the making of claims. (Amended 88 of 1994 s. 7) (2) Upon a claim being received the Director of Lands shall forthwith assess, in accordance with the rules under section 24, the amount of any compensation which in his opinion is recoverable by the claimant, and shall thereupon notify the claimant of the amount of compensation, if any, so assessed. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (3) If the claimant agrees in writing that he accepts such amount in full settlement of his claim, that amount may be paid to the claimant: Provided that in the case of diminution in value of an interest in land, he shall first satisfy the Land Director of Lands of his title to the compensation payable. (Amended 8 of 1993 s. 3; L.N. 291 of 1993) Cap 301 s 24 Rules for assessment of compensation Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105 In assessing compensation the Director of Lands and, in the case of any dispute, the Lands Tribunal, shall act in accordance with the following rules- (Amended 62 of 1974 s. 16; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (a) The value of any interest in land shall, subject as hereinafter provided, be taken to be the amount which the interest if sold in the open market by a willing seller might be expected to realize: Provided always that the Director of Lands or the Lands Tribunal, as the case may be, shall be entitled to consider all returns and assessments for taxation or rating made or acquiesced in by the claimant. (Amended 62 of 1974 s. 16; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)(b) No allowance shall be made in respect of the compulsory nature of any prohibition or restriction imposed, or building works required, by or under this Ordinance. |
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