【法规名称】
【法规编号】 79665 什么是编号？
【正 文】
第3页 CAP 337 DEMOLISHED BUILDINGS (RE-DEVELOPMENT OF SITES) ORDINANCE
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[接上页] (3) The reduced awards shall be notified to the tenants in respect of whom they were made, to the owner and to the Director. Cap 337 s 9 Payment of compensation (1) The final awards shall be published in the Gazette, and shall be registered in the Land Registry by a memorial thereof signed by the Director. Such awards shall be payable within 3 weeks of the notification thereof. (Amended 8 of 1993 s. 2) (2) Where any protected tenant who has been awarded compensation in accordance with section 7 does not, within the period limited by subsection (1), demand payment of the compensation awarded to him, the owner may deposit with the Treasury the sum awarded together with any interest accrued due thereon under subsection (5). (3) Any such sum so deposited may, within a period of 5 years from the date of such deposit, be claimed by the person entitled thereto and, upon any such claim being substantiated, shall be paid to the person so entitled. (4) At the expiration of the said period of 5 years, any such sum remaining unpaid shall be transferred to the general revenue. (Amended 71 of 1971 s. 3; 68 of 1995 s. 21) (5) In the event of any sum awarded as compensation not being paid within the period limited by subsection (1) or deposited with the Treasury in accordance with subsection (2) within 1 week thereafter, the sum awarded shall bear interest at the rate of 10 per cent per annum from the expiry of the period within which it should have been paid in accordance with subsection (1) until payment or deposit under subsection (2). (Amended 76 of 1981 s. 60) Cap 337 s 10 Enforcement of awards Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) The final awards may be enforced against the person liable to pay such compensation in the same manner as a judgment of the High Court. (Amended 25 of 1998 s. 2) (2) Where- (a) a re-development notice has been served in respect of any property, and (b) any person liable to pay, or whose interest in the property is or may be made subject to a charge for, compensation under this Ordinance has applied for permission to carry out building works, other than demolition, in relation to that property,the Building Authority may refuse to grant such permission until he is satisfied that all sums due to the protected tenants by way of compensation under this Ordinance (whether under an award or under an agreement) of which the Government has notice have been paid to the persons entitled thereto or have been deposited with the Treasury under section 9(2). Cap 337 s 11 Provisions where property resumed by the Government Remarks: Amendments retroactively made - see 29 of 1998 s. 66 (1) Where a re-development notice has been served in respect of any property and the Government has resumed the same either in accordance with the terms of the Government lease under which the property is held or under the provisions of the Lands Resumption Ordinance (Cap 124), there shall be deducted from the compensation payable by the Government to the owner in respect of the resumption all sums due to the protected tenants by way of compensation under this Ordinance (whether under an award or under an agreement) of which the Government has notice. (Amended 29 of 1998 s. 66) (2) Any such sum deducted shall be paid by the Government to the person entitled thereto or, if such person cannot be found, shall be deposited with the Treasury. (3) Any such sum so deposited may, within a period of 5 years from the date of such deposit, be claimed by the person entitled thereto, and, upon any such claim being substantiated, shall be paid to the person so entitled. (4) At the expiration of the said period of 5 years, any such sum remaining unpaid shall be transferred to the general revenue. (Amended 71 of 1971 s. 3; 68 of 1995 s. 21) (5) Where any sum is deducted under subsection (1), no interest shall accrue thereon after the date of deduction. Cap 337 s 12 Charge for compensation awarded Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) Upon the registration in the Land Registry under section 9(1) of a final award, the amount of such award and any interest accrued or thereafter accruing thereon shall, until the compensation and interest are paid, constitute a charge on the property in respect of which the compensation has been awarded in favour of The Financial Secretary Incorporated in trust for the person or persons entitled to the compensation and interest. (Amended L.N. 63 of 1975; L.N. 180 of 1985; 8 of 1993 s. 2) (2) Without prejudice to the priority of instruments executed prior to the commencement of this Ordinance a charge created by subsection (1) shall have priority over all other instruments affecting the property against which the charge is registered executed after such commencement. (3) For the purpose of enforcing any such charge, The Financial Secretary Incorporated shall have all the same powers and remedies as are, under the Conveyancing and Property Ordinance (Cap 219), and otherwise, available in Hong Kong to a mortgagee under a legal charge or equitable mortgage by deed, and the provisions of the said Ordinance which apply where a mortgagee exercises any such power or avails himself of any such remedy shall apply where The Financial Secretary Incorporated exercises any such power or avails himself of any such remedy. (Amended L.N. 180 of 1985; 61 of 1999 s. 3) |
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