【法规名称】
【法规编号】 79651 什么是编号？
【正 文】
第3页 CAP 495 NEW TERRITORIES LAND EXCHANGE ENTITLEMENTS (REDEMPTION) ORDINANCE
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[接上页] (4) In this section- "non-working day" (非工作日) means a day that is not a working day; "working day" (工作日) means any day other than- (a) a public holiday; or (b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1). (Added 6 of 2001 s. 11) (Enacted 1996) Cap 495 s 7 Payment of redemption money and interest All monies payable by the Director under this Ordinance, whether as redemption money or as interest payable thereon under section 6, shall be paid out of the Capital Works Reserve Fund. (Enacted 1996) Cap 495 s 8 Conditions for payment (1) The Director may, as a condition of making payment to any person as an owner of a land exchange entitlement under this Ordinance, require the person to comply with all or any of the following requirements- (a) the person shall acknowledge as surrendered to the Director- (i) all of the evidence furnished to the Director in support of the claim he has lodged as such an owner, or the specified part or parts thereof, as admitted by the Director under section 5(6); or (ii) such of the evidence referred to in subparagraph (i) as the Director may specify;(b) the person shall acknowledge receipt of the payment in such form as the Director may specify; (c) the person shall execute, in such form as the Director may specify, an indemnity in favour of the Director to the effect that he will, in case- (i) the payment or any part thereof covers any redemption money to which any claim or any specified part or parts of a claim subsequently admitted by the Director under section 5(6) relates, and any interest paid thereon under this Ordinance; or (ii) the Director is otherwise satisfied that he should not have been entitled to the payment or any part thereof as an owner of the land exchange entitlement under this Ordinance, indemnify the Director in respect of the payment or the part thereof, as the case may be, and of all liabilities, losses, costs, charges and expenses incurred by the Director by reason of or in respect of the payment or the part thereof, as the case may be.(2) (a) Any money payable under an indemnity executed pursuant to subsection (1)(c) shall be recoverable as a civil debt due to the Director. (b) Any money recovered under paragraph (a) shall- (i) in so far as such money is recovered by way of indemnity in respect of any payment by the Director to any person as an owner of a land exchange entitlement under this Ordinance, be paid into the Capital Works Reserve Fund; (ii) in so far as such money is otherwise recovered, be paid into the general revenue.(3) Where the Director does not, as a condition of payment to any person as an owner of a land exchange entitlement under this Ordinance, require any of the evidence furnished to the Director in support of the claim the person has lodged as such an owner to be acknowledged as surrendered pursuant to subsection (1)(a), the Director shall return the evidence to the person at the same time as the payment is made. (Enacted 1996) Cap 495 s 9 Presumption of equal shares Where the Director is satisfied that there are 2 or more owners in respect of a land exchange entitlement, it shall be presumed, until the contrary is proved to the satisfaction of the Director, that the respective shares of the owners in the legal ownership of the land exchange entitlement are equal. (Enacted 1996) Cap 495 s 10 Extinguishment of rights except under this Ordinance (1) Except as provided in this Ordinance, all rights against the Government under a land exchange entitlement shall be extinguished. (2) No action, claim or proceedings shall lie or be brought against, and no compensation shall be payable by, the Government, in respect of the extinguishment of rights under subsection (1). (Enacted 1996) Cap 495 s 11 Service of notice (1) A notice required to be served by the Director under this Ordinance shall be in both the English and the Chinese languages. (2) Service of a notice on any person under this Ordinance shall be effected- (a) by delivering it to that person personally; or (b) by sending it to that person by post.(3) Where a notice is sent by post to a claimant under subsection (2), it shall be sufficient if the notice is addressed- (a) where the Director has not received a notice under section 5(4) in respect of the address of the claimant, to the address which has been furnished to the Director as such an address in the notice served under section 5(1); or (b) where the Director has received a notice under section 5(4) in respect of the address of the claimant, to the address which has been furnished to the Director as such an address under that section.(4) A certificate purporting to be signed by a public officer shall, until the contrary is proved, be evidence of the facts stated therein relating to the service, delivery and sending of any notice required to be served under this Ordinance. (Enacted 1996) |
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