【法规名称】
【法规编号】 79677 什么是编号？
【正 文】
第4页 CAP 276 MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE
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[接上页] (b) state where and at what times a copy of the order and a plan of the easement or right may be inspected in pursuance of subsection (2)(b); (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 6(2); (Amended 62 of 2000 s. 3) (e) declare that upon the expiry of that period the easement or right described in the notice shall by virtue of section 6(4) be created in favour of the Government for the purposes of the railway; and (Amended 29 of 1998 s. 105) (f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Director. (Amended 60 of 1983 s. 3) Cap 276 s 8 Resumption of part of land Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) If it is established to the satisfaction of the Chief Executive that any land is, on the day on which it is resumed under section 4(3), reasonably necessary to the use and enjoyment of contiguous or adjacent land so that such contiguous or adjacent land cannot by itself be put to any profitable use, the Chief Executive may make an order under section 4(1) in respect of the contiguous or adjacent land whether or not it is within the railway area. (2) Any person aggrieved by a decision of the Chief Executive under subsection (1) that at the date of resumption any land is not reasonably necessary to the use and enjoyment of contiguous or adjacent land may apply to the Lands Tribunal to review such decision. (3) Upon an application under subsection (2) the Lands Tribunal may direct that an order be made under section 4(1) by the Chief Executive in respect of the contiguous or adjacent land whether or not it is within the railway area. (Amended 62 of 2000 s. 3) Cap 276 s 9 Power of entry Remarks: Amendments retroactively made - see 29 of 1998 s. 105 Where in respect of any land notice has been published in the Gazette in accordance with section 5(2)(a)(ii) or 7(2)(a)(ii) but the land has not yet reverted to the Government or vested in The Financial Secretary Incorporated by virtue of section 4(3) or the easement or right has not yet been created by virtue of section 6(4), the Director, or any person acting under his authority, may without giving notice to the owner or occupier enter upon that land and any adjoining land within the railway area at all reasonable times for the purpose of- (Amended 29 of 1998 s. 105) (a) surveying and taking levels of such first-mentioned land; (b) setting out the line of any works; or (c) inspecting any apparatus referred to in section 13. (Amended 60 of 1983 s. 4; L.N. 180 of 1985) Cap 276 s 10 Closure or substantial alteration of streets and other public works Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 57 & 105; 62 of 2000 s. 3 PART III FURTHER POWERS OF GOVERNMENT FOR PURPOSES OF THE RAILWAY (Amended 29 of 1998 s. 57) (1) The Chief Executive may, for the purposes of the construction, operation, maintenance or improvement of the railway, by order- (Amended 62 of 2000 s. 3) (a) authorize the closure or substantial alteration of a street or part thereof either permanently or for an indefinite period; (b) authorize the temporary closure or temporary substantial alteration of any street or part thereof; (c) authorize the reclamation of, or other works of a public nature over and upon, Government foreshore or seabed; (d) declare that, or the extent to which, and the time at, or duration for which, any public or private right in, upon, under or over any street, Government foreshore or seabed shall be extinguished, modified or restricted. (2) For the purposes of subsections (1)(a) and (1)(b) the decision of the Director of Lands whether or not an alteration of a street is substantial or the closure or alteration of a street is temporary, permanent or indefinite shall be final. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (3) Where an order is made under subsection (1) every public and private right in, upon, under or over the street, Government foreshore or seabed affected by the order shall be extinguished, modified or restricted according to the provisions in that behalf made in the order. (Amended 29 of 1998 s. 105) Cap 276 s 11 Notices of orders made under section 10 (1) Notice of an order made under section 10(1)(a) or 10(1)(c) in respect of any street, foreshore or seabed shall be given in accordance with subsection (2) 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 10(1)(a) or 10(1)(c) if the Director not later than 1 month before any thing is done under the authority of the order- (a) causes a notice conforming to subsection (3) and in both Chinese and English to be- (i) posted in a conspicuous position in or near the street, the foreshore or foreshore adjoining the seabed; and |
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