【法规名称】
【法规编号】 79240 什么是编号？
【正 文】
第10页 CAP 358AL WATER POLLUTION CONTROL (SEWERAGE) REGULATION
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[接上页] (29 of 1998 s. 105) 9. Claim by a mortgagee in possession Where under this Regulation a claim for compensation may be made by a mortgagee in possession- (a) such claim may include compensation in respect of the whole interest which comprises the mortgage security; and (b) compensation received by a mortgagee in possession shall be applied by him firstly, to the settlement or reduction of the debt due under the mortgage and then to the payment of any excess to the mortgagor. 10. Limitation on compensation payable under item 9 Compensation shall be payable under item 9 of Part I only to the extent that the carrying out of building works in accordance with an amendment required, or condition imposed, under section 22(1)(c) or (d) of the Roads (Works, Use and Compensation) Ordinance (Cap 370) does not increase the open market value of the land on which the building works are carried out. 11. Apportionment of compensation Where there is a dispute between persons owning compensatable interests in any land or building as to the apportionment of the compensation payable or paid, the Lands Tribunal shall, on the application of any such person, apportion that compensation amongst such persons in such manner as may be just and equitable having regard to their respective rights and interests in the land or building. 12. Date of valuation and interest Where, under column 3 of Part I, compensation is to be assessed on the basis of the value of land, or the value of a claimant's interest in land, or of a rent, that value or that rent shall be assessed as at the date of the happening of the relevant event mentioned in column 2 of Part I; and the person entitled to claim shall be the person fitting the description mentioned in column 4 of Part I on that date. 13. No double compensation (1) Subject to subsection (2), nothing in this Regulation shall enable any person to recover compensation- (a) in respect of a loss or expense which he has not suffered or incurred; or (b) which is greater than the loss suffered or expense incurred by him.(2) In assessing compensation under this Regulation, no account shall be taken of any amount recovered by the claimant under a policy of insurance. 14. Crown may undertake certain operations Where, under this Regulation, a person is entitled to claim compensation and that compensation is to be assessed on the basis of an expense incurred, the Crown may, on written notice to that person, carry out the operations in respect of which the expense would otherwise be claimable. Cap 358AL Sched 2 APPLICATION OF THE ROADS (WORKS, USE AND COMPENSATION) ORDINANCE [sections 1 & 26] PART I PROVISIONS OF THE ROADS (WORKS, USE AND COMPENSATION) ORDINANCE APPLIED Sections 2 to 24 and 36 to 38. PART II General Modifications and Additions 1. (1) In sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14 (except 14(2)(e) and (f)), 15, 16 (except 16(2)(f)), 18 (except 18(2)(e)), 19, 20, 21 (except 21(3)(d)), 22 and 36, repeal "Secretary" wherever it occurs and substitute "Authority". (2) In section 13(5), repeal "The Secretary" and substitute "The Authority". (3) In section 20(3), repeal "Secretary's" and substitute "Authority's". 2. In sections 14(2)(f), 16(2)(f), 18(2)(e) and 21(3)(d), repeal everything after "under" and substitute- "the Water Pollution Control (Sewerage) Regulation (Cap 358 sub. leg.) may serve a written claim upon the Secretary.". 3. A reference in any section (except section 4) specified in Part I- (a) to another provision of the Roads (Works, Use and Compensation) Ordinance (Cap 370) shall be read as a reference to the other provision in that Ordinance; (b) to "this Ordinance" shall be read as a reference to the Roads (Works, Use and Compensation) Ordinance (Cap 370). Particular Modifications and Additions Section applied Modification or addition 2 (a) In subsection (1)- (i) add- ""Authority" (监督) has the same meaning as in the Water Pollution Control Ordinance (Cap 358);";(ii) in the definition of "claim", repeal "section 29" and substitute "the Water Pollution Control (Sewerage) Regulation (Cap 358 sub. leg.)"; (iii) (Repealed L.N. 106 of 2002) (iv) in the definition of "use", repeal "road" where it twice occurs and substitute "sewerage"; (v) repeal the definition of "works" and substitute- ""works" (工程) means any thing which may be done by the Authority or may be required by the Authority to be done under or pursuant to Part II, III or IV of the Water Pollution Control (Sewerage) Regulation (Cap 358 sub. leg.);".(b) Repeal subsections (2) to (4). 4 (a) Repeal subsection (1)(a). (b) In subsection (3), repeal "this Ordinance" and substitute "the Water Pollution Control (Sewerage) Regulation (Cap 358 sub. leg.)". (L.N. 281 of 1998) 5 (a) (Repealed L.N. 281 of 1998) (b) In paragraph (b)(i), repeal "and the use to which he intends the road will be put". 10 In subsection (1), repeal everything after "both" and substitute a full stop. 15 Repeal subsection (5) and substitute- "(5) No person shall, in the exercise of any power of entry referred to in subsection (3), enter upon any land which is occupied without giving to the occupier at least 28 days' notice of his intention to do so unless- (a) the Authority is of the opinion that an emergency exists which necessitates immediate entry; or (b) the entry is required for the purpose of inspecting any works, structure or apparatus or carrying out any routine maintenance on them.". 24 Repeal "$5000 an substitute $10000". 36 (a) (Repealed L.N. 281 of 1998) (b) Repeal paragraph (c)(i). 38 (a) In paragraph (a), repeal "nor to any claim for or determination, award or payment of compensation for such resumption;" and substitute "; and". (b) In paragraph (b), repeal "; and" at the end and substitute a full stop. (c) Repeal paragraph (c). (Enacted 1994. L.N. 281 of 1998) |
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