【法规名称】
【法规编号】 79240 什么是编号？
【正 文】
第5页 CAP 358AL WATER POLLUTION CONTROL (SEWERAGE) REGULATION
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[接上页] (3) Where the Secretary has made any offer under section 17(2)(a) or subsection (1)(a), including costs as agreed or taxed, which is not accepted by the claimant and the compensation assessed by the Lands Tribunal does not exceed the amount of compensation comprised in the offer, the Lands Tribunal shall, unless for special reason it thinks it proper not to do so, order the claimant to bear his own costs and to pay the costs of the Secretary in so far as the costs are incurred after the making of the offer. (4) Where the claimant states an amount which he is willing to accept under subsection (1)(b) which is not paid by the Secretary and the compensation assessed by the Lands Tribunal is not less than that amount, the Lands Tribunal shall, unless for special reason it thinks it proper not to do so, order the Secretary to bear his own costs and to pay the costs of the claimant. (Enacted 1994) Cap 358AL s 20 Jurisdiction of Lands Tribunal PART VII ASSESSMENT AND AWARD OF COMPENSATION (1) The Lands Tribunal has jurisdiction to hear and determine in accordance with this Regulation- (a) all claims for compensation which the Secretary or the claimant may refer to it under section 17(2) or 18; and (b) applications provided for by section 12(2) of this Regulation and section 23(2) of the Roads (Works, Use and Compensation) Ordinance (Cap 370).(2) The Lands Tribunal also has jurisdiction to award full or partial compensation to a claimant if at the time of the award it has no notice or intimation of any dispute as to his entitlement; but the making of such an award does not affect the entitlement to receive compensation under this Regulation of any other person who may afterwards be held by a court of competent jurisdiction to have a better title to all or part of the compensation than the person to whom it was awarded. (3) An award of compensation under subsection (2) does not in any way affect the entitlement of a mortgagee to be paid compensation in accordance with section 21. (Enacted 1994) Cap 358AL s 21 Payment to mortgagees Remarks: Amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 105 (1) Subject to subsection (2), a mortgagee of land which reverts to the Government or vests in The Financial Secretary Incorporated under the Roads (Works, Use and Compensation) Ordinance (Cap 370) as applied by section 26 of this Regulation shall, in so far as he has priority as against any other mortgagee, be entitled to be paid so much of any compensation as is required to discharge his mortgage debt including any interest on it. (29 of 1998 s. 105) (2) If compensation is payable under this Regulation otherwise than for land resumed or if the land to which compensation relates is part only of the mortgage security a mortgagee shall, in so far as he has priority as against any other mortgagee, be entitled to be paid so much of the compensation as is necessary to reduce his mortgage debt to an amount which is adequately secured by the land or the remaining land as the case may be. (3) The payment of compensation as required by subsections (1) and (2) shall be made in accordance with the written agreement of the claimant and every mortgagee of the land or failing such agreement in accordance with an order of the Court of First Instance under subsection (4). (4) The claimant or any mortgagee may apply to the Court of First Instance for an order as to the payment of unpaid compensation and the Court may make an order that it thinks just and equitable having regard to the requirements of subsections (1) and (2). (25 of 1998 s. 2) Cap 358AL s 22 Interest Remarks: For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see section 13 of 6 of 2001. (1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs)- (6 of 2001 s. 8) (a) in the case of compensation payable under item 1 of Part I of Schedule 1, as if the claim were made under the Lands Resumption Ordinance (Cap 124) for land resumed under that Ordinance; and (29 of 1998 s. 76) (b) in any other case, from a date and for a period that it considers appropriate and, subject to subsection (2), at such rate as it may fix. (6 of 2001 s. 8)(2) The rate of interest fixed under subsection (1)(b)- (a) in respect of a working day must not be lower than the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on that day; and (b) in respect of a non-working day must not be lower than the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on the last working day before that day. (6 of 2001 s. 8)(3) In the section, "non-working day" (非工作日), "note-issuing bank" (发钞银行) and "working day" (工作日) have the meanings assigned to them respectively by paragraph 8(3) of the Second Schedule to the Ordinance. (6 of 2001 s. 8) (Enacted 1994) |
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