【法规名称】
【法规编号】 68913 什么是编号？
【正 文】
第2页 CAP 265 PEAK TRAMWAY ORDINANCE
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[接上页] (Amended 50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 ss. 7 & 8; 27 of 1992 s. 4; L.N. 106 of 2002) Cap 265 s 6 (Repealed 26 of 1989 s. 11) Cap 265 s 7 Protection of sewers, etc. (1) Where the tramway, or any work connected therewith, interferes with any sewer, drain, watercourse, or subway, or in any way affects sewerage or drainage, the company shall not commence such tramway or work until it has given to the Secretary for the Environment, Transport and Works 14 days' notice in writing of its intention to do so together with all necessary particulars relating thereto, nor until the Secretary for the Environment, Transport and Works has signified his approval of the same, unless he does not signify his approval, disapproval, or other directions within 14 days after service of the said notice and particulars. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 63 of 1911 Schedule; 20 of 1948 s. 4; 57 of 1986 s. 4; 26 of 1989 ss. 3 & 8) (2) The company shall comply with the directions of the Secretary for the Environment, Transport and Works in the execution of the said works and shall provide by new, altered, or substituted works, in such manner as he may require, for the proper protection of, and for preventing injury or impediment to, the sewers and works hereinbefore referred to by or by reason of the tramway, and shall save harmless the Secretary for the Environment, Transport and Works against the expense occasioned thereby. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 8 of 1912 s. 25; 20 of 1948 s. 4; 26 of 1989 s. 8) (3) All such works shall be done by or under the superintendence of the Secretary for the Environment, Transport and Works, at the cost and expense of the company. (Amended 51 of 1911 s. 4; 20 of 1948 s. 4) (4) When any new, altered, or substituted work is completed, the same shall thereafter be as completely under the control of the Secretary for the Environment, Transport and Works, and be maintained by him, as any other sewers or works. (Amended 50 of 1911; 51 of 1911 s. 4; 62 of 1911 Schedule; 20 of 1948 s. 4) (Amended 8 of 1912 s. 25; 26 of 1989 s. 8; L.N. 106 of 2002) Cap 265 s 7A Power to enter adjoining lands, etc. (1) The Secretary for the Environment, Transport and Works may authorize the company, in case of any slip or other accident happening or being apprehended to the tramway or any works under its control, to enter upon any land adjoining the tramway, for the purpose of repairing or preventing the accident, and to do all works that may be necessary for that purpose. (Amended L.N. 106 of 2002) (2) The company shall, at least 14 clear days before it enters upon the land pursuant to the Secretary for the Environment, Transport and Works's authorization under subsection (1)- (Amended L.N. 106 of 2002) (a) deliver to the owner of the land a notice of the authorization and the right for compensation under subsection (5); and (b) affix a copy of the notice upon a conspicuous part of the land to which the authorization relates.(3) The company may in a case of urgency enter upon the land and do the works mentioned in subsection (1) without the authority of the Secretary for the Environment, Transport and Works, but it shall, within 24 hours after the entry, make a report to the Secretary for the Environment, Transport and Works specifying the nature of the happening and of the works necessary to be done, and the power of the company under this subsection ceases if the Secretary for the Environment, Transport and Works notifies the company that the exercise of the power is not necessary for the public safety. (Amended L.N. 106 of 2002) (4) Where the company intends to enter upon the land under subsection (3), it shall, as soon as is practicable- (a) deliver to the owner of the land a notice of its intention and the right for compensation under subsection (5); and (b) affix a copy of the notice upon a conspicuous part of the land to be entered upon,but where in circumstances in which it is impracticable to comply with the requirement of paragraph (a) before it enters upon the land, it shall, as soon as the entry has been made, deliver to the owner of the land a notice that the entry has been made and of the right for compensation under subsection (5). (5) Any person who suffers an injury to a private right in respect of an interest in land adjoining the tramway and which directly arises from any work carried out under subsection (1) or (3) has a right against the company for compensation in respect of actual loss fairly and reasonably arising from that injury. (6) After the expiry of 3 months from the date of the submission of his claim to the company under subsection (5), the claimant may, if the claim has not been agreed, submit his claim to the Lands Tribunal for determination and, for this purpose, the Lands Tribunal has jurisdiction to determine the claim under the Lands Tribunal Ordinance (Cap 17). |
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