【法规名称】
【法规编号】 79665 什么是编号？
【正 文】
第2页 CAP 337 DEMOLISHED BUILDINGS (RE-DEVELOPMENT OF SITES) ORDINANCE
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[接上页] (3) Upon the expiry of the time limited for appeal against an order made under subsection (1), or, in the event of an appeal, where such order is confirmed or another order is substituted therefor, the requirements made in such order or substituted order shall be deemed to be covenants, conditions or stipulations in the Government lease of the property to which the order relates, and thereafter failure to comply with any such requirement shall entitle the Government to re-enter upon the property under and in accordance with the provisions of the Government Rights (Re-entry and Vesting Remedies) Ordinance (Cap 126). (Amended 29 of 1998 s. 65) Cap 337 s 5 Extinguishment of rights of protected tenants and compensation therefor Where a re-development notice has been served in respect of any property- (a) Part I of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) shall cease to apply to any part of any building comprised in the property, and the protected tenants shall cease to have any rights of occupation or possession in any such building; and (b) every protected tenant shall be entitled to compensation in accordance with the provisions of this Ordinance from the person who was the owner of such property immediately before such notice was served. Cap 337 s 6 Assessment of incremental value (1) Where a re-development notice has been served in respect of any property, the Director of Lands or any officer authorized by him shall assess the incremental value thereof, which shall be the amount by which the market value of the property with vacant possession after the service of such notice exceeds what was the market value of the property in occupation prior to the service by the Building Authority of the order for demolition or prior to the fire or other calamity occasioning the issue under section 3 of the certificate of the Building Authority, as the case may be. (2) The Director of Lands or any officer authorized by him shall give notice of such assessment to the owner of the property and to any person appearing from the Land Registry registers to have a mortgage on the property, and in addition he shall communicate it to any other person, not being a tenant, who makes application in writing to him and who he considers has good grounds for requiring such information. (Amended 8 of 1993 s. 2) (3) The owner or any mortgagee so notified may, within 14 days of such notification, appeal to the Lands Tribunal against the assessment. (Amended 62 of 1974 s. 16) (Amended L.N. 291 of 1993) Cap 337 s 7 Claims for compensation (1) Where a re-development notice has been served in respect of any property, there shall be published in the Gazette and (with a translation in Chinese) affixed to the property, a copy of the notice together with, save where the Director of Lands or any officer authorized by him has found that no incremental value exists, a statement to the effect that protected tenants may apply in accordance with the provisions of subsection (2) to the Lands Tribunal to determine the amount of compensation payable to them. (Amended 76 of 1981 s. 60; 68 of 1995 s. 19) (2) Within 3 weeks of the date of publication of the copy of the re-development notice in the Gazette, or such extended time as the Lands Tribunal may in its discretion allow, any protected tenant may, save where he and the owner of the property in respect of which the re-development notice has been served have entered into an agreement in writing for the payment of compensation or where the Director of Lands or any officer authorized by him has found that no incremental value exists, apply to the Lands Tribunal to determine the amount of compensation to which he is entitled under this Ordinance. (Amended 76 of 1981 s. 60; 68 of 1995 s. 19) (3) (Repealed 76 of 1981 s. 60) (4) (Repealed 58 of 1975 s. 2) (5)-(10) (Repealed 76 of 1981 s. 60) (11) For the purposes of this section and of sections 8 and 9, "owner" (拥有人) shall be deemed to include a mortgagee. Cap 337 s 8 Reduction of awards in excess of incremental value (1) If the sum of the awards made by the Lands Tribunal, together with any amounts agreed to be paid to other protected tenants by the owner by way of compensation exceeds the assessment of the incremental value, the owner may, within 14 days of the notification of such awards, apply to the Lands Tribunal for the reduction of the awards made. (Amended 76 of 1981 s. 60) (2) On an application being made under subsection (1) the Lands Tribunal shall proceed to determine the amount of compensation which it would have awarded to every protected tenant with whom the owner has entered into an agreement in writing for the payment of compensation had the tenant applied to the Lands Tribunal under section 7(2), and if the total (hereinafter referred to as the said total) of the amounts which it would have so awarded and of the amounts which it has awarded or such amounts as may have been substituted therefor on any appeal, exceeds the said assessment, the Lands Tribunal shall reduce the amounts which it has awarded to amounts which bear the same proportion to the amounts awarded as the said assessment does to the said total. (Amended 76 of 1981 s. 60; 68 of 1995 s. 20) |
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