【法规名称】
【法规编号】 79677 什么是编号？
【正 文】
第3页 CAP 276 MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE
|
[接上页] (c) state the day on which the notice was affixed to the land; (d) state the period of notice specified by the Chief Executive under section 4(2); (Amended 62 of 2000 s. 3) (e) declare that upon the expiry of that period the land described in the notice shall by virtue of section 4(3) revert to the Government or vest in The Financial Secretary Incorporated, as the case may require, for the purposes of the railway; and (Amended L.N. 180 of 1985; 29 of 1998 s. 105) (f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Director. Cap 276 s 6 Chief Executive may order creation of easements or rights Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3 (1) The Chief Executive may by order direct that easements or other permanent rights in, under or over land in the railway area and rights of temporary occupation of land in the railway area shall be created in favour of the Government for the purposes of and incidental to the railway. (Replaced 60 of 1983 s. 2. Amended 29 of 1998 s. 105; 62 of 2000 s. 3) (2) An order under subsection (1) shall specify the period of notice to be given under section 7(3) which period shall run from the day on which notice of creation of an easement or right is affixed to the land under that subsection and shall in no case expire earlier than 1 month from that day. (Amended 60 of 1983 s. 2) (3) An order made under subsection (1) may contain such consequential and incidental provisions as appear to the Chief Executive to be necessary or expedient for the purposes of the order including in particular provisions for authorizing persons to enter upon land or buildings in accordance with subsection (5) for the purpose of carrying out, installing, maintaining or removing any works, structures or apparatus. (Amended 62 of 2000 s. 3) (4) Upon the expiry of the period specified pursuant to sub-section (2) the easement or right shall be created in favour of the Government and the benefits and obligations thereof and of all consequential and incidental provisions made under subsection (3) shall be of full force and effect against all persons having any estate, right, share or interest in the land without any consent, grant or conveyance. (Amended 60 of 1983 s. 2; 29 of 1998 s. 105) (5) No person shall, in the exercise of any power of entry referred to in subsection (3), enter upon any land which is occupied without giving to the occupier at least 14 days' notice of his intention so to do unless- (a) the Director of Buildings or the Director of Lands is of the opinion that an emergency exists which necessitates immediate entry; or (Amended L.N. 291 of 1993) (b) the entry is required for the purpose of inspecting any works, structure or apparatus or carrying out any routine maintenance thereon.(6) Notice under subsection (5) may be given to and shall be deemed to have been received by an occupier if a written notice is affixed to a conspicuous part of the land to be entered. (7) The ownership of any thing shall not be altered by reason only that it is placed in or under or affixed to any land in exercise of the rights and powers arising from or incidental to an easement or right created under this section. (Amended 60 of 1983 s. 2) (8) The Director of Lands shall as soon as practicable after an easement or right has been created in favour of the Government under subsection (4) cause the creation of such easement or right to be noted in the register of the land affected thereby kept in the Land Registry. (Amended 60 of 1983 s. 2; 8 of 1993 ss. 2 & 3; L.N. 291 of 1993; 29 of 1998 s. 105) Cap 276 s 7 Notices of creation of easements or rights Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3 (1) Notice of creation of an easement or right by order made under section 6(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 6(1) if the Director- (a) causes a notice of creation of an easement or right conforming to subsection (3) and in both Chinese and English to be- (i) affixed to some conspicuous part of the land in, under or over which the easement or right is to be created or, in a case where only land lying wholly beneath the surface is affected 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 easement or right 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 creation of an easement or right shall- (a) describe the land and the easement or right and state that an order creating the easement or right has been made under section 6(1); |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！