【法规名称】
【法规编号】 79240 什么是编号？
【正 文】
第9页 CAP 358AL WATER POLLUTION CONTROL (SEWERAGE) REGULATION
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[接上页] 2. Definitions applicable to Part I In this Schedule- "date of resumption" (收回日期) means the day on which land reverts to the Government or vests in The Financial Secretary Incorporated under section 13(3) of the Roads (Works, Use and Compensation) Ordinance (Cap 370); (29 of 1998 s. 105) "disturbance" (骚扰) means the dispossession of a person of land or the interruption of or interference with a trade or business, whether such dispossession, interruption or interference is temporary or permanent; "disturbance payment" (骚扰补偿金) means a sum equal to- (a) the expenditure and loss of money actually and reasonably incurred or to be reasonably incurred and arising from the dispossession of a person of land by reason of the matter for which the claimant is entitled to claim compensation under Part I; and (b) in the case of disturbance of a trade or business on any land, the expenditure and loss of money actually and reasonably incurred or to be reasonably incurred and arising from the disturbance of that trade or business by reason of the matter for which the claimant is entitled to claim compensation under Part I,except that a disturbance payment shall not include any expenditure or loss which would not be recoverable, on the grounds that the expenditure or loss was too remote or was not caused by the disturbance, if that disturbance were a tort;"open market value" (公开市场价值) means the amount which the land, if sold in the open market by a willing seller, might reasonably be expected to realize; "owner" (拥有人), in relation to land, means the person holding that land- (a) directly under a Government lease; or (b) under another title directly from the Government registered in the Land Registry; (29 of 1998 s. 105)"sea-bed" (海床) includes any Government land covered with water in any tidal river or channel connected with the waters of Hong Kong; (29 of 1998 s. 105) "works" (工程) means anything 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 this Regulation. 3. Fluctuations in value of land Subject to sections 8 and 10, where the open market value of any land is relevant for the purposes of assessing compensation under this Regulation, no account shall be taken of any increase or decrease in that value which is attributable to anything done or proposed to be done under this Regulation or to the use of any sewerage, whether before or after the completion of any works (including the existence of any sewerage whether or not in relation to any use to which it is put). 4. Disturbance payments (1) For the purposes of assessing the amount to be awarded to a claimant in respect of a disturbance payment, the Lands Tribunal shall, in respect of any expenditure or loss to be incurred and in respect of which the claimant is entitled under this Regulation to be compensated, assess the value of that expenditure or loss at the time of the award as if that expenditure or loss formed part of a claim for damages in tort. (2) No disturbance payment shall be payable in respect of any interference with a trade or business in any case in which such interference does not subsist for a period exceeding 14 days. 5. Unlawful building or development works Compensation may be reduced so far as may be just and equitable in respect of any building or development, or part thereof which has been constructed or modified, or on which building works have been carried out, so as to amount to a contravention of the Buildings Ordinance (Cap 123) or the Town Planning Ordinance (Cap 131) being a contravention within the meaning of that Ordinance or to a contravention of a Government lease or other instrument under which land built upon is held. (29 of 1998 s. 105) 6. Compensation where damage results only partly from the works The compensation assessed under item 1, 7 or 10 of Part I shall be reduced to such extent as may be just and equitable having regard to the share in the responsibility for the loss or damage not reasonably attributable to or connected with the works. 7. No compensation under item 8 for loss of advertising Where a sign advertising any business, product, service or activity is removed under section 21 of the Roads (Works, Use and Compensation) Ordinance (Cap 370), nothing in item 8 of Part I shall be construed as conferring upon any person a right to compensation for the loss of any benefit which might have accrued to him from the advertising of that business, product, service or activity if the sign had not been removed. 8. Set off where compensation paid for loss of value and land later resumed Where compensation under item 3, 4, 5, 6, 8 or 9 of Part I has been paid in respect of the diminution in value of any land and such land or part of such land is subsequently resumed by the Government under this Regulation or any other enabling power, then notwithstanding section 3 or any other provision of law to the same or similar effect, that diminution in value shall be taken into account to reduce the compensation for the resumption of that land in so far as it was taken into account in the assessment of compensation for the diminution in value thereof. |
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