【法规名称】
【法规编号】 79240 什么是编号？
【正 文】
第6页 CAP 358AL WATER POLLUTION CONTROL (SEWERAGE) REGULATION
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[接上页] Cap 358AL s 23 Compensation payable out of general revenue All compensation (including interest on compensation) and all costs- (a) agreed to be paid to the claimant by the Secretary; or (b) awarded by the Lands Tribunal against the Crown,shall be paid out of the general revenue within 3 months after the agreement or final award unless there is a dispute as to the person entitled to the compensation. (Enacted 1994) Cap 358AL s 24 Surrender of title documents The Secretary may require a claimant to whom compensation is payable for land resumed under this Ordinance to surrender his documents of title to the Secretary as a condition of payment being made; and in any case where the documents of title relate also to land not resumed, the Secretary shall return them to the claimant after the resumption has been noted in the register of the land kept in the Land Registry. (Enacted 1994) Cap 358AL s 25 Appeals PART VIII MISCELLANEOUS (1) A person- (a) who, being a person named in a notice served by the Authority under section 3, 4, 5 or 6 as being required to carry out works, disputes that he is liable under that section to carry out the works; (b) from whom the Authority is seeking to recover under section 7(5) the cost of works carried out and who disputes the amount claimed by the Authority as the cost of such works; or (c) who is aggrieved by a requirement or decision of the Authority under section 8,may appeal to an Appeal Board constituted under Part VI of the Ordinance. (2) An appeal under subsection (1) shall be made by lodging a notice of appeal in the prescribed manner and form within 21 days after the person aggrieved has received notice of the requirement or decision. (3) A notice under section 3, 4, 5, 6 or 8 shall be suspended and cease to have effect as from the day on which notice of appeal in respect of a decision or request under that section is duly given to the Authority and until the appeal is disposed of, withdrawn or abandoned. (4) Where notice of an appeal under subsection (1)(b) or in respect of a claim under section 8(8) has been given, no enforcement or further action for the recovery of costs shall be taken under section 7(5) or 8(8) until the appeal is disposed of, withdrawn or abandoned. (5) For the purpose of Part VI of the Ordinance an appeal under this section shall be treated as an appeal brought under section 29 of the Ordinance. (Enacted 1994) Cap 358AL s 26 Application of Cap 370 (1) For the purpose of the carrying out of works or the construction, maintenance, repair or demolition of works under this Regulation, or of any matter related or incidental to such purpose, the provisions of the Roads (Works, Use and Compensation) Ordinance (Cap 370) specified in Part I of Schedule 2 shall apply with any necessary modification and subject to the modifications and additions specified in Part II of that Schedule. (2) Any modification or addition specified in Part II of Schedule 2 shall apply for the purposes mentioned in subsection (1) and shall be deemed to be part of the Roads (Works, Use and Compensation) Ordinance (Cap 370) for the purposes of this section. (Enacted 1994) Cap 358AL s 27 Contravention of notice (1) Any person who fails to comply with any requirement specified in a notice served under section 3, 4(2) or 5 commits an offence and is liable to a fine of $100000 and in addition to $5000 for each day during which it is proved to the satisfaction of the court that the person has continuously since the date of the offence failed so to comply. (2) Any person who fails to comply with any requirement specified in a notice served under section 6(1) commits an offence and is liable to a fine of $200000 and in addition to $10000 for each day during which it is proved to the satisfaction of the court that the person has continuously since the date of the offence failed so to comply. (Enacted 1994) Cap 358AL s 28 Service of notices (1) Any notice required to be served under this Regulation may be served by serving a copy- (a) personally; or (b) by registered post addressed to the last known place of business or residence of the person to be served.(2) If the address of the person to be served is unknown to the Authority and cannot be ascertained by him after reasonable inquiry, the posting of a copy of the notice in a prominent position on or near the land or premises affected shall be deemed to be good service. (3) The notice shall be in writing in both the English and Chinese languages. (4) Where service is effected other than in the manner provided in subsection (2), a copy of the notice shall be posted in a prominent position on or near the land or premises to be affected. (5) A document purporting to state any fact relating to the service, giving, publication or affixing of any notice under this Regulation and purporting to be certified by a public officer shall be admitted in evidence in criminal or civil proceedings before any court on its production without further proof and- |
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