【法规名称】
【法规编号】 79647 什么是编号？
【正 文】
第7页 CAP 545 LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE
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[接上页] (b) to the extent that- (i) any incumbrance affecting the lot is attributable to the purchaser; and (ii) the purchaser agrees in writing that the incumbrance is not to be discharged.(4) Where compensation is payable under section 8(3) to a tenant of any property on a lot the subject of an order for sale, the trustees under the order shall not pay more than half of the compensation to the tenant before the trustees are satisfied that the tenant has delivered up vacant possession of the property to the purchaser of the lot. (5) The trustees under an order for sale shall pay into the Tribunal- (a) any amount held by the trustees pursuant to any directions given by virtue of section 4(6)(a)(iii)(A) and (B) where the event referred to that section has not occurred before the trustees have started to discharge their duty under subsection (2)(c) in respect of the proceeds of sale of the lot the subject of the order; and (b) any residue referred to in subsection (2)(c) in respect of which the majority owner or minority owner cannot be found.(6) Any amount or residue paid into the Tribunal under subsection (5) shall- (a) where subsection (5)(a) is applicable, be paid to such person or persons as is or are specified in the directions concerned under section 4(6)(a)(iii)(A) and (B) upon the occurrence of the event referred to in that section; (b) where subsection (5)(b) is applicable- (i) be paid to the majority owner or minority owner, as the case may be, if and when the owner is found; (ii) be paid into the general revenue if, upon the expiration of 3 years beginning with the date on which the Tribunal was paid the residue, that owner has still not been found.(7) It is hereby declared that- (a) the application of the proceeds of sale to discharge any liability or incumbrance referred to in subsection (2)(a) or (b) shall be on the basis that the majority owner or minority owner of the lot shall pay for the discharge to the extent that the liability or incumbrance, as the case may be, is attributable to that majority owner or minority owner, as the case may be; (b) subsection (6)(b)(ii) shall not operate to prevent any claim being made against the Government- (i) in relation to any residue referred to in that subsection; and (ii) by a person who would have been entitled, or who appears would have been entitled, to be paid the residue if the residue had remained with the Tribunal;(c) where a person claims to have had an interest in the lot sold pursuant to an order for sale, nothing in this section or in section 8(1)(a) shall prevent the person from taking any action or commencing any proceedings in relation to any proceeds of sale arising from the sale of that part of the lot to which the interest relates.(8) Without prejudice to the operation of subsection (3), in this section "incumbrance" (产权负担), in relation to a lot, does not include, unless otherwise specified in directions- (a) if Part II of the New Territories Ordinance (Cap 97) applies to the lot, any Chinese custom or customary right affecting the land; (b) any easements, rights of way or rights of water; or (c) any covenants which run with the lot. Cap 545 s 12 Regulations (1) The Secretary for Housing, Planning and Lands may make regulations- (Amended L.N. 330 of 1999; L.N. 106 of 2002) (a) specifying grounds for the purposes of section 4(2)(a)(ii); (b) specifying matters to be taken into account for the purposes of section 4(2)(b); (c) specifying matters to be taken into account in the nomination or appointment of trustees to discharge the duties imposed on trustees under this Ordinance in relation to the lot the subject of an order for sale; and (d) generally, providing for the better carrying into effect of the provisions and purposes of this Ordinance.(2) A regulation made under subsection (1)(a) or (b) shall not apply to any proceedings arising out of an application made under section 3(1) before the commencement of the regulation. Cap 545 s 13 Amendment of Schedules The Chief Executive in Council may, by notice in the Gazette, amend Schedule 1, 2, 3 or 4. Cap 545 s 14 (Omitted as spent) (Omitted as spent) Cap 545 s 15 (Omitted as spent) (Omitted as spent) Cap 545 Sched 1 VALUATION REPORT, NOTICE THAT APPLICATION HAS BEEN MADE AND APPORTIONMENT OF PROCEEDS [sections 2(2), 3, 10 & 13] PART 1 VALUATION REPORT A valuation report, prepared not earlier than 3 months before the date on which the application under section 3(1) of the Ordinance is made, setting out the assessed market value of each property on the lot- (a) on a vacant possession basis; (b) assessed as if the lot could not be made the subject of an application for an order for sale; and (c) not taking into account the redevelopment potential of the property or the lot. PART 2 NOTICE THAT APPLICATION HAS BEEN MADE UNDER THE LAND (COMPULSORY SALE FOR REDEVELOPMENT) ORDINANCE (CAP 545) FOR THE SALE OF LOT NO. ......../LOT NOS........* LOCATED |
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