【法规名称】
【法规编号】 79416 什么是编号？
【正 文】
第5页 CAP 208 COUNTRY PARKS ORDINANCE
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[接上页] (8) Any objector aggrieved by the Board's decision may appeal by way of petition to the Chief Executive within 1 month of being notified of the Board's decision. (Amended 34 of 2000 s. 3) (9) Upon consideration of a petition under subsection (8) the Chief Executive may- (a) direct the Land Authority to withdraw or amend the notice served under section 16(2); or (b) direct that the petition be referred to the Chief Executive in Council. (Amended 34 of 2000 s. 3)(10) The Chief Executive in Council, upon considering a petition referred to him under subsection (9) may- (Amended 34 of 2000 s. 3) (a) direct the Land Authority to withdraw or amend the notice served under section 16(2); or (b) dismiss the petition.(11) The decision of the Chief Executive or the Chief Executive in Council shall be final. (Amended 34 of 2000 s. 3) Cap 208 s 18 No remedy except under this Ordinance Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 PART V COMPENSATION (1) No compensation shall be paid to the owner of, or to any person interested in, any land because it is situated within or is affected by a country park. (2) No action, claim or proceedings shall lie or be brought against the Government or any other person to recover damages, compensation or costs for- (Amended 34 of 2000 s. 3) (a) damage or disturbance to or loss of or in the value of any land, chattel, trade or business; (b) personal disturbance or inconvenience; (c) extinguishment, modification or restriction of rights; or (d) the costs of effecting or complying with any requirement, (Amended L.N. 235 of 1996)which is authorized or imposed by or under this Ordinance or arises from any act or omission so authorized, except in pursuance of the rights to compensation provided for in section 19. Cap 208 s 19 Compensation Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 52; 34 of 2000 s. 3 (1) Where- (a) the Authority refuses approval under section 10 for the carrying out of new development on any land; or (b) the occupier of land within a country park discontinues or modifies the use or ceases to proceed with or modifies the proposed use of that land in accordance with a notice given to him under section 16(2),and such new development or use is permitted by or under the terms of any lease or agreement for a lease under which the land is held- (i) in the case of loss, damage or cost under paragraph (a), the owner of the land; and (ii) in the case of loss, damage or cost under paragraph (b), any person owning a compensatable interest in the land,shall have the right to claim compensation from the Government to the extent of the loss, damage or cost suffered or incurred by him as assessed under this Part. (Amended 34 of 2000 s. 3) (2) The basis on which compensation is to be assessed shall be- (a) in the case of a claim for loss, damage or cost under subsection (1)(a), the amount by which the value of the land is reduced on account of the refusal to approve the carrying out of new development; and (b) in the case of a claim for loss, damage or cost under subsection (1)(b)- (i) the amount by which the value of the land is reduced; and (ii) the amount which might fairly and reasonably be estimated as the loss of the claimant in respect of works necessary to effect the discontinuance, cessation or modification of the use or proposed use, on account of the requirement to discontinue or modify or the prohibition.(3) In the assessment of compensation no account shall be taken of any increase or decrease in the value of land to which the compensation relates which is attributable to- (a) the land being within an area of a proposed country park shown on a draft map prepared under section 8; or (b) the land being within a country park.(4) For the purposes of this section the value of land shall be such value as would be assessed under the Lands Resumption Ordinance (Cap 124) if the land were to be resumed under that Ordinance. (Amended 29 of 1998 s. 52) (5) In this section "compensatable interest" (可获补偿权益) means the estate or interest of- (a) a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than one month or a tenancy or sub-tenancy terminable (whether by virtue of an Ordinance or otherwise) by either party by not less than one month's notice; (b) a mortgagee in possession; (c) the holder of a valid or subsisting option to purchase an interest referred to in (a) or (d); (d) a purchaser under an agreement for sale and purchase to whom the benefit of an interest referred to in (a) or (c) has already passed. Cap 208 s 20 Claims for compensation (1) Any person claiming compensation under section 19 shall submit a claim in writing to the Authority stating the nature of his estate or interest in the land and the amount which he seeks to recover. (2) A person claiming compensation under section 19 shall submit his claim to the Authority within 1 year of the refusal to approve new development or of the receipt of a requirement to discontinue or modify the use or proposed use, as the case may be, or within such further period as the Authority may allow. |
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