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[接上页] (Amended 62 of 2000 s. 3) Cap 276 s 28 Surrender of title documents The Director may require any claimant to whom compensation is payable for land resumed under this Ordinance to surrender his documents of title to the Director as a condition of payment being made. Cap 276 s 29 Delegation by the Director of Buildings and Lands PART VI MISCELLANEOUS (1) Subject to subsection (2), the Director of Buildings or the Director of Lands may in writing authorize any public officer either generally or in any particular case to exercise or perform any of the powers, functions and duties conferred or imposed upon him by this Ordinance where the power, function or duty is expressed as being conferred or imposed on the Director but not where it is expressed as being conferred or imposed on the Director of Buildings or the Director of Lands. (L.N. 291 of 1993) (2) For the purposes of any provision of this Ordinance appearing in the first column of the Second Schedule, the Director of Buildings or the Director of Lands shall not under subsection (1) authorize a public officer below the rank specified opposite thereto in the second column. (3) The Director of Lands may in writing authorize any person, who is not a public officer, either generally or in any particular case, to exercise any of the powers and functions conferred on him by section 21(4) or 21(6A)(b) if he is satisfied that such person is qualified to exercise such powers and functions. (Added 66 of 1978 s. 6 ) (Amended L.N. 76 of 1982; L.N. 94 of 1986; 80 of 1997 s. 102) Cap 276 s 30 Service of documents Without prejudice to any other provision of this Ordinance, any notice or other document required or authorized to be given to or served on any person for the purposes of this Ordinance or any proceedings thereunder before the Lands Tribunal may be personally given to or served on that person or may be sent to him by registered post. Cap 276 s 31 Certain statements to be conclusive evidence Where it is stated- (a) in any order under section 4(1), 6(1) or 10(1) respectively that- (i) the resumption of land; (ii) the creation of an easement or right; or (Amended 60 of 1983 s. 6) (iii) the closure, alteration or work, is ordered or authorized for the purposes of or incidental to the railway or the construction, operation, maintenance or improvement thereof; or(b) in a notice under section 12, 13, or 14 that the entry or the work therein described or required to be carried out is, in the opinion of the Director, necessary or required for the construction, operation, maintenance or improvement of the railway,then such statement shall be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact so stated. Cap 276 s 32 Disposal of lands and easements or rights Remarks: Amendments retroactively made - see 29 of 1998 s. 105 Any land resumed or easement or right created under this Ordinance and any land which becomes vested in The Financial Secretary Incorporated may be used in such manner as the Government or The Financial Secretary Incorporated thinks fit and may be disposed of to any person by any means and on any terms whatsoever. (Amended 60 of 1983 s. 7; L.N. 180 of 1985; 29 of 1998 s. 105) Cap 276 s 33 Certificates of values Remarks: Amendments retroactively made - see 29 of 1998 s. 105 The Lands Tribunal may, on the application of any person, certify the amount of any settlement of compensation agreed between that person and the Director under this Ordinance or the amount of the price of land being sold by that person to the Government for the purposes of or incidental to the railway and any amount so certified by the Lands Tribunal shall be deemed to be the best settlement or sale price (as the case may be) which could reasonably be obtained. (Amended 29 of 1998 s. 105) Cap 276 s 34 Certain Ordinances not to apply Remarks: Amendments retroactively made - see 29 of 1998 s. 58 (1) Except to the extent that provision is otherwise made in Part I of the First Schedule- (a) the Lands Resumption Ordinance (Cap 124) shall not apply to the resumption of any land ordered under section 4 nor to any claim for or determination, award or payment of compensation for such resumption; and (Amended 29 of 1998 s. 58) (b) the Roads (Works, Use and Compensation) Ordinance (Cap 370) and the Foreshore and Sea-bed (Reclamations) Ordinance (Cap 127) shall not apply to an order made under section 10(1) nor to the implementation or effects thereof. (Amended 37 of 1982 s. 41; 63 of 1985 s. 21)(2) (Repealed 73 of 1982 s. 39) Cap 276 Sched 1 Remarks: Amendments retroactively made - see 29 of 1998 s. 59 [section 18] PART I Losses for which compensation may be claimed Basis on which compensation is to be assessed Persons who may claim compensation for their respective losses Period within which the claim must be served on the Director 1. The loss of land resumed under section 4. As if the claim were made under the Lands Resumption Ordinance (Cap 124) for land resumed under that Ordinance. (Amended 29 of 1998 s. 59) |