【法规名称】
【法规编号】 68921 什么是编号？
【正 文】
第12页 CAP 230 PUBLIC BUS SERVICES ORDINANCE
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[接上页] Cap 230 s 25B Acquisition of bus assets (other than land) used by grantee whose franchise is revoked or has expired (1) Where- (a) a franchise is revoked under section 24(3); or (b) a franchise period expires and no new franchise is granted under section 5(1) to the company,the Government may acquire, in its own name or in the name of a third party designated by the Government for the purposes of this section, any property (other than land, interests in land or buildings on land) used or kept by the company for the purposes of or in connection with its franchise within the period of 3 months immediately prior to the service of a notice on the company under section 24(1) or within the period of 3 months ending with the expiry of the franchise period (as the case may be). (2) In respect of any property of which the Government has taken possession under section 25(3), the power conferred by subsection (1) may be exercised at any time within the period of 1 year from the date of revocation or expiry of the franchise period, as the case may be. (3) Where the Government acquires any property under subsection (1), any person having an interest or right in or over that property shall be entitled to compensation in an amount equal to the open market value that a willing vendor might be expected to realize on the sale of such interest or right in the property. (4) In subsection (3), in the case of an interest or right in property being a number of motor vehicles reference to the open market value shall be taken to be reference to the open market value of the interest in that number of vehicles when dealt with as a single lot. (5) Where any property is acquired under this section the owner of the property or any person having an interest or right in or over the property shall, when called upon to do so by the Government, execute a transfer in favour of the Government or a third party designated by the Government for the purposes of subsection (1). (Added 82 of 1995 s. 6)___________________________________________________________________ Notes: 1. The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995), which section is reproduced as follows- "7. Application This Ordinance applies to franchises granted before the commencement of this Ordinance as it applies to franchises granted after such commencement.". 2. 82 of 1995 commenced operation on 4 August 1995. Cap 230 s 25C Power of entry The Government or its nominee may, for the purpose of taking possession of property under this Part, enter upon any land or buildings on land where it is reasonably necessary to do so for that purpose. (Added 82 of 1995 s. 6)___________________________________________________________________ Notes: 1. The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995), which section is reproduced as follows- "7. Application This Ordinance applies to franchises granted before the commencement of this Ordinance as it applies to franchises granted after such commencement.". 2. 82 of 1995 commenced operation on 4 August 1995. Cap 230 s 25D Determination of compensation by arbitrator (1) The Government may compromise or settle any claim for compensation under this Part. (2) In default of an agreement between a claimant for compensation under this Part and the Government as regards the amount of compensation, if any, payable to the claimant the compensation shall be determined by arbitration under the Arbitration Ordinance (Cap 341) and for that purpose the Government and the claimant shall be regarded as having made an arbitration agreement within the meaning of that Ordinance whose provisions shall be deemed to include a provision that the compensation referred to shall, in the absence of an agreement, be determined by a single arbitrator. (Added 82 of 1995 s. 6)___________________________________________________________________ Notes: 1. The application of this section is affected by section 7 of the Public Bus Services (Amendment) Ordinance 1995 (82 of 1995), which section is reproduced as follows- "7. Application This Ordinance applies to franchises granted before the commencement of this Ordinance as it applies to franchises granted after such commencement.". 2. 82 of 1995 commenced operation on 4 August 1995. Cap 230 s 25E Provisional payment pending determination of compensation (1) Where any offer of compensation made by the Government to any person under this Part in respect of any claim is not accepted, the Government may, pending the determination by the arbitrator of the compensation, if any, payable in respect of such claim under this Part, pay- (a) an amount as a provisional payment of the amount payable by virtue of such determination; and (b) interest on any payment made under paragraph (a), for the period from the date on which the amount becomes payable until the date on which the payment is made, calculated at a rate equal to the 7 day deposit rate plus 2%, where "7 day deposit rate" (7天通知存款利率) means the highest rate of interest (expressed as a percentage) paid from time to time by the continuing members of the Committee of The Hong Kong Association of Banks on deposits of that amount fixed for 7 days.(2) Any payment made by the Government under subsection (1) in respect of any claim shall be without prejudice to the claim or the submission of the claim to, or its determination by, the arbitrator under this Part; but the amount of compensation payable by virtue of such determination in respect of such claim shall be reduced by the amount of such payment. |
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