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[接上页] (3) Upon receipt of a claim, the Director of Lands shall as soon as practicable cause the amount of compensation to be assessed and notice of the amount assessed to be served upon the claimant personally or by registered post. (Amended L.N. 245 of 1981; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (4) If the claimant agrees in writing that he accepts such amount in full settlement of his claim, that amount shall be paid to the claimant. Cap 247 s 8 Compensation to be determined by civil proceedings in default of agreement In the absence of agreement as to- (a) whether compensation is payable under this Ordinance; or (b) the amount of such compensation; or (c) the person to whom it is payable,the issue shall be determined in civil proceedings begun by the claimant not later than 3 months after the service upon him of notice under section 7(3), and no compensation shall be due or payable otherwise than so determined. Cap 247 s 9 Compensation to be paid from general revenue PART IV MISCELLANEOUS Compensation payable under this Ordinance is charged on and shall be paid out of the general revenue of Hong Kong. Cap 247 s 10 Liability for costs of cleaning-up operations Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 (1) The owner of- (a) a vessel from which oil, not being part of a cargo of persistent oil in bulk within the meaning of the Merchant Shipping (Liability and Compensation for Oil Pollution) Ordinance (Cap 414), has escaped or been discharged within the waters of Hong Kong; or (Amended 38 of 1990 s. 32; 34 of 2000 s. 3) (b) any installation or container, whether on land or in or on water, not being a vessel or part thereof, from which any oil has escaped or been discharged into the waters of Hong Kong, (Amended 34 of 2000 s. 3)shall be liable to the Government for the costs of all measures taken under this Ordinance or otherwise reasonably taken by the Government for a specified purpose in relation to the escape or discharge of oil, including the amount of any compensation reasonably paid under Part III. (2) In any proceedings by the Government to recover any costs referred to in subsection (1), a certificate purporting to be signed by the Director of Accounting Services shall, unless the contrary is proved, be proof of the amount of the costs incurred. (3) In this section "owner" (拥有人), in relation to a registered ship, means the person or persons registered as its owner, except that in relation to a ship owned by a State which is operated by a person registered as the ship's operator, it means the person registered as its operator. Cap 247 s 11 Offences Any person who without reasonable excuse- (a) obstructs a competent authority, or a public officer acting in exercise of his powers under this Ordinance, or any public officer or other person accompanying or assisting any such public officer; or (b) fails to comply with any direction given under section 6(1),commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. |