【法规名称】
【法规编号】 79677 什么是编号？
【正 文】
第13页 CAP 276 MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE
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[接上页] (d) a purchaser under an agreement for sale and purchase to whom the benefit of an interest referred to in (a) or (c) has already passed;"date of resumption" (收回日期) means the day on which land reverts to the Government or vests in The Financial Secretary Incorporated under section 4(3); (Amended L.N. 180 of 1985; 29 of 1998 s. 59) "disturbance" (骚扰) means the displacement of a person from land and the interruption of or interference with trade or business, whether such displacement, interruption or interference is temporary or permanent; "disturbance payment" (骚扰补偿金) means a sum equal to- (a) the financial loss naturally and reasonably resulting from the displacement of a person from land; and (b) in the case of disturbance of a trade or business on any land, the financial loss naturally and reasonably resulting from the disturbance of that trade or business;"open market value" (公开市场价值) means the amount which the land if sold in the open market by a willing seller might reasonably be expected to realize. 3. No account of increase or decrease in value attributable to the railway In the assessment of compensation no account shall be taken of any increase or decrease in the value of land to which, or to the building works on which, the compensation relates which is attributable to- (a) the delineation thereof under section 3 as part of the railway area; or (b) the construction or operation of the railway, including any damage for which compensation would have been payable but for the operation of section 20(2). 4. (Repealed 37 of 1982 s. 41) 5. Refusal or reduction where Buildings Ordinance (Cap 123) contravened Compensation may be refused or reduced in respect of any building or part thereof which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Buildings Ordinance (Cap 123) being a contravention within the meaning of that Ordinance. 6. Compensation where damage results only partly from the railway The compensation assessed under item 6 or 7 of Part I of this Schedule shall be reduced to such extent as the Lands Tribunal thinks just and equitable having regard to the share in the responsibility for the loss or damage not attributable to or connected with the railway. (Amended 80 of 1997 s. 102) 7. No compensation under item 9(d) for loss of advertising Where a sign advertising any business, product, service or activity is removed under section 14(4), nothing in item 9(d) of Part I of this Schedule shall be construed as conferring upon any person a right to compensation for the loss of any benefit which might have accrued to him from the advertising of that business, product, service or activity if the sign had not been removed. 8. Set off where compensation paid for loss of value and land later resumed If compensation under item 2, 3, 4, 5, 6, 7, 9, 10 or 11 of Part I of this Schedule has been paid in respect of the reduction of value of land and such land or part thereof is subsequently resumed by the Government under this Ordinance or any other enabling power, then notwithstanding paragraph 3 of this Part of this Schedule or any other provision of law to the same or similar effect, the amount of that reduction in value shall be taken into account to reduce the compensation for the resumption of that land to the extent that it was taken into account in the assessment of compensation for the reduction in value thereof. (Amended 29 of 1998 s. 59) 9. Claim by a mortgagee in possession Where under this Ordinance a claim for compensation may be made by a mortgagee in possession- (a) such claim may include compensation in respect of the whole interest which comprises the mortgage security; and (b) compensation received by a mortgagee in possession shall be applied by him as if it were proceeds of sale of the mortgage security. 10. Avoidance of doubt For the avoidance of doubt it is declared that where an interest in land has been resumed under section 4, the assessment of compensation under items 1 and 3 of Part I of this Schedule shall not be affected by the fact that power to resume that interest is not conferred by the Lands Resumption Ordinance (Cap 124). (Amended 29 of 1998 s. 59) 11. Limitation on compensation payable under item 12 Compensation shall be payable under item 12 of Part I of this Schedule only to the extent |
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