【法规名称】
【法规编号】 79647 什么是编号？
【正 文】
第3页 CAP 545 LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE
|
[接上页] (a) the redevelopment of the lot is justified (and whether or not the majority owner proposes to or is capable of undertaking the redevelopment)- (i) due to the age or state of repair of the existing development on the lot; or (ii) on 1 or more grounds, if any, specified in regulations made under section 12; and(b) the majority owner has taken reasonable steps to acquire all the undivided shares in the lot (including, in the case of a minority owner whose whereabouts are known, negotiating for the purchase of such of those shares as are owned by that minority owner on terms that are fair and reasonable).(3) Subject to section 8(3) and (4), the Tribunal shall not, in determining an application under section 3(1), take into account any provision of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) relating to the right of a tenant whose tenancy is terminated or is sought to be terminated. (4) The majority owner of the lot the subject of an order for sale shall cause- (a) subject to subsection (5), a copy of the order to be served on each minority owner of the lot; (b) a copy of the order to be served on the Director of Lands; and (c) a notice to be published- (i) in not less than 1 Chinese language newspaper (and in the Chinese language), and in not less than 1 English language newspaper (and in the English language), circulating generally in Hong Kong; and (ii) stating- (A) sufficient particulars of the lot to identify the lot; (B) that the Tribunal has made an order that all the undivided shares in the lot be sold for the purposes of the redevelopment of the lot; and (C) that the lot will be sold by auction (or, where section 5(1)(b) is applicable, the other means referred to in that section by which the lot will be sold).(5) Where it appears to the Tribunal that a copy of an order for sale cannot be served in accordance with subsection (4)(a), the Tribunal may, if it thinks fit, by order- (a) dispense with such service on any owner or class of owners mentioned in the order; and (b) direct notices to be published at such time and in such manner as it thinks fit, informing all persons claiming to be owners of the lot- (i) that the Tribunal has made an order for sale of the lot; and (ii) where and the times during which a copy of the order may be obtained.(6) Where the Tribunal makes an order for sale, it may order, subject to section 8(3), (4) and (5), that compensation be paid to a tenant for termination of his tenancy under section 8(1)(b) and it may also give such directions as it thinks fit- (a) relating to- (i) the sale and purchase of the lot the subject of the order, including (but without limiting the generality of the foregoing) settling the particulars and conditions of sale of the lot; (ii) the termination of tenancies of any tenants of any property on the lot; (iii) subject to section 11(5), the application of the proceeds of the sale including- (A) the holding by the trustees of such part of those proceeds as is specified by the Tribunal in view of any lis pendens affecting the lot; and (B) the payment of that part of those proceeds, upon the occurrence of an event specified by the Tribunal, to such person or persons as is or are specified by the Tribunal;(b) requiring the trustees under the order for sale to pay into the Tribunal the proceeds of sale of the lot the subject of the order (after deduction, if any, pursuant to section 10(2) or 11(1) or (2)(a) and (b)), which includes but is not limited to- (Amended 32 of 2000 s. 48) (i) any deposit money for the purchase of the lot; (ii) any other part of the proceeds of sale that is required under this Ordinance to be held by or paid to the trustees; and(c) which are not inconsistent with the other provisions of this Ordinance,and, in any such case, subsections (4)(a) and (5) shall, with all necessary modifications, apply to those directions as they apply to an order for sale. (7) Where proceeds of sale are paid into the Tribunal pursuant to a direction given under subsection (6)(b), the Tribunal shall, in accordance with rules made under section 10A(1) of the Lands Tribunal Ordinance (Cap 17), release such proceeds or any part of it to the respective persons who would have been entitled to payment of the proceeds under the provisions of this Ordinance if the proceeds of sale had remained with the trustees. (8) Any proceeds of sale- (a) paid into the Tribunal pursuant to a direction given under subsection (6)(b); and (b) not yet released pursuant to subsection (7) on the expiration of 3 years beginning with the date on which such proceeds were paid into the Tribunal,shall be paid into the general revenue, and, in any such case, section 11(7)(b) and (c) shall apply in relation to the proceeds with all necessary modifications. (9) In any case of doubt or difficulty or in any matter not provided for under this Ordinance, the trustees under an order for sale, or the majority owner or any minority owner of the lot the subject of the order, may apply to the Tribunal for directions. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！