【法规名称】
【法规编号】 79651 什么是编号？
【正 文】
第2页 CAP 495 NEW TERRITORIES LAND EXCHANGE ENTITLEMENTS (REDEMPTION) ORDINANCE
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[接上页] (Enacted 1996) Cap 495 s 4 Redemption money (1) Subject to the provisions of this Ordinance, redemption money shall be payable in respect of a land exchange entitlement by the Director to the owner thereof or, where there are 2 or more owners, to the owners thereof in proportion to their respective shares in the legal ownership of the land exchange entitlement. (2) For the purposes of subsection (1), redemption money payable in respect of a land exchange entitlement shall be payable at such a rate as is set out in column 2 or 3, as appropriate, of the Schedule opposite the description applicable to the entitlement document issued in respect of the land exchange entitlement and set out in column 1 of that Schedule. (3) Nothing in this section shall require the payment of any redemption money in respect of a land exchange entitlement to an owner thereof- (a) unless a claim lodged by a person as such an owner, or any specified part or parts thereof, has been admitted by the Director under section 5(6); (b) otherwise than in proportion to the share in the legal ownership of the land exchange entitlement as represented by the claim or the specified part or parts thereof, which has been so admitted. (Enacted 1996) Cap 495 s 5 Claims procedure (1) A person who claims, as an owner of a land exchange entitlement, payment of any of the redemption money payable in respect of the land exchange entitlement may, by serving on the Director a notice in such form as the Director may specify, lodge his claim with the Director. (2) In a notice served under subsection (1), a claimant shall furnish to the Director such evidence in support of his claim, including the entitlement document and any other deeds, instruments and records relating to the land exchange entitlement to which the claim relates, as is available to him. (3) The Director shall, by notice in writing served on the claimant, acknowledge receipt of any notice served under subsection (1). (4) Where, pending determination by the Director of a claim under this section, there is any change in the particulars furnished by the claimant in the notice served under subsection (1), the claimant shall as soon as practicable furnish to the Director, by notice in writing served on the Director, particulars of the change, with such evidence in support thereof as is available to him. (5) The Director may, by notice in writing served on a claimant, request him to furnish to the Director any further particulars or evidence in support of his claim. (6) The Director may, in determining a claim- (a) admit the entire claim; (b) reject the entire claim; or (c) admit a specified part or parts and reject the remainder, of the claim.(7) The Director shall, in respect of every claim, notify the claimant, by notice in writing served on the claimant, of his decision in determining the claim- (a) within the period of 3 months of the receipt of the notice served under subsection (1); (b) if a notice is served on the Director under subsection (4), within the period of 3 months of the receipt of the notice; or (c) if a notice is served on the claimant under subsection (5), within the period of 3 months of the receipt of the further particulars or evidence in support of the claimant's claim furnished in accordance with the notice,whichever is the last to expire. (8) Where, in respect of any of the redemption money payable in respect of a land exchange entitlement, the Director admits a claim or any specified part or parts thereof under subsection (6), he shall include in the notice served under subsection (7) a statement of the amount of the redemption money that is payable in proportion to the share in the legal ownership of the land exchange entitlement as represented by the claim or the specified part or parts thereof, which the Director so admits. (9) Where, in respect of any of the redemption money payable in respect of a land exchange entitlement, the Director rejects a claim or any part thereof under subsection (6), he shall include in the notice served under subsection (7) a statement of the reasons for the rejection. (Enacted 1996) Cap 495 s 6 Interest on redemption money Remarks: For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see section 13 of 6 of 2001. (1) Any redemption money payable under this Ordinance shall bear interest from the commencement date until the date of payment thereof. (2) The rate of interest payable under subsection (1)- (a) in respect of a working day shall be the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on that day; and (b) in respect of a non-working day shall be the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on the last working day before that day. (Replaced 6 of 2001 s. 11)(3) The Director shall, at the same time as any redemption money is paid to any person under this Ordinance, pay to the person any interest payable under this section in respect of the redemption money. |
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