【法规名称】
【法规编号】 79677 什么是编号？
【正 文】
第2页 CAP 276 MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE
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[接上页] (4) The Director of Lands shall within 21 days of the deposit of a copy of a plan or map in the Land Registry or of any amendment to such copy or the deposit of a substitute plan or map cause a notice of such deposit or amendment to be published in the Gazette in Chinese and English containing- (Amended L.N. 94 of 1986; 8 of 1993 s. 2; L.N. 291 of 1993) (a) a general description of the plan or map or of the nature and extent of the amendment or substitution; and (b) particulars of the places and times at which a copy of the plan or map, or details of the amendment or a copy of the substitute plan or map may be inspected by the public in conformity with subsection (2).(5) No person shall have a right of objection to the delineation of land in any plan or map prepared for the purposes of subsection (1) or to any amendment thereto or substitute plan or map prepared under subsection (3) and the fact that land is therein delineated as being within the railway area shall for all purposes be conclusive evidence that it may be required to be resumed or that easements or rights in, under or over it may need to be created for the purposes of and incidental to the railway. (Amended 6 of 1986 s. 3) (Amended L.N. 76 of 1982) Cap 276 s 4 Chief Executive may order resumption of land Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) The Chief Executive may by order direct that any land within the railway area shall be resumed for the purposes of and incidental to the railway. (Amended 62 of 2000 s. 3) (2) An order made under subsection (1) shall specify the period of notice to be given under section 5(2) which period shall- (a) run from the day on which notice of resumption is affixed to the land under that section and in no case expire earlier than 1 month from that day; and (b) prevail over any other period of notice of resumption (whether shorter or longer) provided for by the Government lease under which the land is held. (Amended 29 of 1998 s. 105)(3) Upon the expiration of the period of notice specified in the order the land described therein shall- (a) where it is an undivided share in land, vest in The Financial Secretary Incorporated together with such rights to the use and occupation of any building or part thereof as may be appurtenant to the ownership of that share; and (Amended L.N. 180 of 1985) (b) in all other cases, revert to the Government, (Amended 29 of 1998 s. 105)but in either case the land shall vest or revert without any conveyance and free of all mortgages, charges, claims, estates, rights or interests of any kind. (4) The ownership of any apparatus belonging to an owner or supplier of gas, electricity, water or telecommunications services and situated in, under or over any land shall not be altered by reason only of the vesting or reversion of that land under subsection (3). (Amended 36 of 2000 s. 28) (5) The Director of Lands shall, as soon as practicable after land has vested in The Financial Secretary Incorporated or reverted to the Government under subsection (3), cause such vesting or reversion to be noted in the register of the land kept in the Land Registry. (Amended L.N. 180 of 1985; 8 of 1993 ss. 2 & 3; L.N. 291 of 1993; 29 of 1998 s. 105) (6) Upon the vesting under subsection (3)(a) of an undivided share in land in The Financial Secretary Incorporated such share, together with any part of a building the exclusive use and occupation of which is appurtenant to ownership of such share, shall be deemed to be unleased land for the purposes of section 6 of the Land (Miscellaneous Provisions) Ordinance (Cap 28). (Amended L.N. 180 of 1985; 29 of 1998 s. 56) Cap 276 s 5 Notices of resumption of land Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3 (1) Notice of resumption by order made under section 4(1) shall be given in accordance with this section to every person having any estate, right, share or interest in the land affected by the order. (2) Every person referred to in subsection (1) shall be deemed to receive notice of an order under section 4(1) if the Director- (a) causes a notice of resumption conforming to subsection (3) and in both Chinese and English to be- (i) affixed to some conspicuous part of the land or, in a case where only land lying wholly beneath the surface is to be resumed by the order, the surface thereof or any building thereon; and (ii) published once in the Gazette; and(b) makes a copy of the order and, where appropriate a plan of the land available for inspection by the public free of charge at such offices of the Government, during the hours when those offices are normally open to the public, as the Director thinks fit.(3) A notice of resumption shall- (a) describe the land to be resumed and state that an order has been made under section 4(1) in respect thereof; (b) state where and at what times a copy of the order and, where appropriate, a plan of the land may be inspected in pursuance of subsection (2)(b); |
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