【法规名称】
【法规编号】 68901 什么是编号？
【正 文】
第7页 CAP 301 HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE
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[接上页] (c) Where the value of the land is increased by reason of the use thereof, or of any premises thereon, in a manner which could be restrained by any court, or is contrary to law, or, save where such use has been expressly permitted by the Government, is not in accordance with the terms of the Government Lease, or other tenancy from the Government, under which the land is held, or is detrimental to the health of the occupiers of the premises or to the public health, the amount of that increase shall not be taken into account. (Amended 29 of 1998 s. 105) (d) No allowance shall be made in respect of any increase in building heights permitted since 16 September 1955, (being the date of publication of Government Notification No. 1026 of 1955, in which warning was given of proposed restrictions on heights of buildings) or of the possible use, in relation to heights prescribed as at the said day, of the powers of the Governor in Council under sections 87 and 88 of the Buildings Ordinance 1935 (18 of 1935). (e) No allowance shall be made in respect of any expectancy or probability of the grant or renewal or continuance by the Government or by any person or by virtue solely of Part I, Part II, Part IV or Part V of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) of any lease, tenancy, licence or permit whatsoever; (Amended 39 of 1979 s. 26; 76 of 1981 s. 60; 29 of 1998 s. 105) Provided that this rule shall not apply to any case where the grant or renewal or continuance by the Government or other person could have been enforced as of right.(f) Interest at a rate not exceeding 4 per cent per annum may be allowed on any money expended by the claimant for which compensation is allowed: Provided that where the claimant has borrowed money for such expenditure and satisfies the Director of Lands or the Lands Tribunal, as the case may be, that he had good and sufficient reason for not availing himself of the provisions of section 17, and that the lowest rate of interest at which he could borrow the money was in excess of 4 per cent per annum, such higher rate of interest may be allowed, but in no case shall the rate exceed 10 per cent per annum. (Amended 62 of 1974 s. 16; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 63 of 1992; L.N. 291 of 1993)(g) Interest at a rate not exceeding 4 per cent per annum may be allowed on any part of the compensation allowed for any diminution in value of an interest in land, and such interest may be allowed from the date of such diminution, being a date not earlier than the date of publication of the order made under section 3 which resulted in such diminution. (h) In determining whether any interest shall be allowed, regard shall be had to all the circumstances of the case, including any delays occasioned by the claimant. Cap 301 s 25 Disputes to be determined by Lands Tribunal (1) Where any dispute arises as to- (a) whether compensation is payable under this Ordinance; or (b) the amount of any such compensation; or (c) the person to whom it is payable,the dispute shall be referred to and determined by the Lands Tribunal. (2) For the purposes of this section, a dispute shall be deemed to have arisen where a claimant or the Director of Lands, as the case may be, has served notice of intention to refer the dispute to the Lands Tribunal upon all other parties to the dispute, and the party who has served notice as aforesaid shall, within 2 months thereafter, refer the dispute to the Lands Tribunal by notice served upon the registrar of the Lands Tribunal giving particulars of the matter in dispute between the parties, and a copy of the last-mentioned notice shall, within the said period, be served upon all other parties. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (Amended 62 of 1974 s. 16; 21 of 1977 s. 6) |
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