【法规名称】
【法规编号】 79677 什么是编号？
【正 文】
第12页 CAP 276 MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE
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[接上页] (b) Same as in item 7(a). 8. The cost of altering the course or position of any apparatus and of repairing any street surface pursuant to a notice served by the Director under section 13. The cost which is fairly and reasonably incurred in effecting such alteration and repair. The person on whom the notice under section 13 is served. Before the expiration of 1 year from the completion of the alteration and repair. 9. (a) The loss of value of a building caused by the removal, under section 14, of any object or structure which was erected and maintained without the contravention of any Ordinance. (a) The amount by which the open market value of the land is reduced. (a) Any person owning a compensatable interest in the building on the date of removal of the object or structure. (a) Before the expiration of 1 year from the date of removal. (b) The cost of a removal referred to in item 9(a). (b) The cost incurred in moving the object or structure and making good that part of the building from which it is removed. (b) Any person who incurs the cost. (b) Same as in item 9(a). (c) The cost of reinstating an object or structure described in item (a) above or of replacing the same with a similar object or structure. (c) The cost incurred in so doing. (c) Any person who incurs the cost. (c) Before the expiration of 1 year from the date of reinstatement or replacement. (d) The loss sustained by the forfeiture under section 14(5) of an object or structure which was erected and maintained without the contravention of any Ordinance and is not to be reinstated or replaced with a similar object or structure at the expense of the Government under item (c) above. (Amended 29 of 1998 s. 59) (d) The amount which might fairly and reasonably be estimated as the loss of the claimant. (d) Any person owning a share or interest in the object or structure on the date on which it is removed under section 14(4). (d) Before the expiration of 1 year from the date of removal. 10. The loss sustained on account of the withdrawal of any approval or consent by the Building Authority under section 15. The amount which might fairly and reasonably be estimated as the loss of the claimant in respect of- (a) the reduction of the open market value of land; (b) materials, plant and equipment; (c) professional fees and expenses actually paid or legally payable.on account of the withdrawal of approval or consent. The owner of the land affected by the withdrawal of approval or consent. Before the expiration of 1 year from the date of withdrawal. 11. The loss sustained on account of the refusal by the Building Authority under section 15(1)(a) to consent to the commencement of building works, because the Building Authority is of the opinion that the building works would be incompatible with works or proposed or likely works for the construction of stages 1 to 6 and stage 8 of the railway or the eastern harbour crossing. (Amended 66 of 1978 s. 7; 12 of 1981 s. 4; 6 of 1986 s. 5) The amount by which the open market value of the land is reduced on account of the refusal. The owner of the land. Before the expiration of 1 year from the date of the refusal. 12. The cost of complying with a plan amended, or a condition imposed, under section 15(1)(c), in a case where the plan shows piling works, excavation works or foundation works, to avoid incompatibility of such works with works or proposed or likely works for the construction of stages 1 to 6 and stage 8 of the railway or the eastern harbour crossing. (Amended 66 of 1978 s. 7; 12 of 1981 s. 4; 6 of 1986 s. 5) Any additional cost incurred in carrying out building works which is attributable solely to compliance with the amendment required, or condition imposed, under section 15(1)(c). The owner of the land on which the building works are carried out. Before the expiration of 1 year from the completion of the building. PART II 1. General effect of this Part The provisions in this Part shall, where applicable, have effect for the purpose of assessing compensation under Part I of this Schedule and shall- (a) be in addition to such of the provisions of the Lands Resumption Ordinance (Cap 124) as apply, by virtue of Part I, to the assessment of compensation; and (Amended 37 of 1982 s. 41; 29 of 1998 s. 59) (b) prevail over any provision referred to in sub-paragraph (a) which is inconsistent or in conflict with a provision in this Part. 2. Definitions applicable to Part I In Part I- "compensatable interest" (可获补偿权益) means the estate or interest of- (a) a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than 1 month or a tenancy or sub-tenancy terminable (whether by virtue of an Ordinance or otherwise) by either party by not less than 1 month's notice; (Amended L.N. 587 of 1995) (b) a mortgagee in possession; (c) the holder of a valid and subsisting option to purchase an interest referred to in (a) or (d); |
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