【法规名称】
【法规编号】 79677 什么是编号？
【正 文】
第6页 CAP 276 MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE
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[接上页] (3) A notice under subsection (1) shall- (a) describe the object or structure to be removed; (b) stipulate the period within which the work of removal shall be carried out; (c) be given to the owner of the building not later than 14 days before the commencement of that period; and (d) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Director.(4) If the owner of the building does not comply with a notice given to him under subsection (1) any public officer authorized in that behalf by the Director of Buildings or the Director of Lands may enter the building and the land surrounding it, together with such other persons as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons. (Amended L.N. 291 of 1993) (5) An object or structure removed under subsection (4) shall, whether or not it was erected or maintained in contravention of any Ordinance, be forfeited to the Government free from the rights of any person and may be disposed of as the Director of Buildings or the Director of Lands thinks fit. (Amended L.N. 291 of 1993; 29 of 1998 s. 105) (6) In this section "owner" (拥有人) means the person holding the land direct from the Government under a Government lease. (Amended 29 of 1998 s. 105) Cap 276 s 15 Control of building plans and commencement of work Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3 (1) Notwithstanding the Buildings Ordinance (Cap 123), in any case where he is of the opinion that any building works or the commencement of any building works would be incompatible with any works or proposed or likely works for the construction, maintenance or improvement of the railway or with the operation thereof, the Building Authority may to such extent as is necessary to avoid such incompatibility- (a) refuse to give his approval to any plan or to consent to the commencement of the building works; (b) withdraw any approval which he has or is deemed to have given to any plan or any consent to the commencement of the building works; (c) in the case of piling works, excavation works or foundation works- (i) require the amendment of any plan showing such works; or (ii) impose conditions on the giving of approval of plans showing such works or consent to commence such works.(2) The carrying out of any building works- (a) contrary to any refusal, or following a withdrawal, of approval or consent under subsection (1)(a) or (1)(b); or (b) otherwise than in accordance with any plan amended under subsection (1)(c)(i) or condition imposed under subsection (1)(c)(ii),shall, for the purposes of section 23 of the Buildings Ordinance (Cap 123), be deemed to constitute a contravention of that Ordinance . (3) Where the Building Authority refuses under subsection (1)(a) to give his approval to any plan because he is of the opinion that the building works shown thereon 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, the owner of the land on which such building works were to be carried out may, by notice in writing to the Director, require that the land be resumed under this Ordinance. (Amended 66 of 1978 s. 3; 12 of 1981 s. 3; 6 of 1986 s. 4) (4) Where notice is given under subsection (3) the Chief Executive shall, unless the notice is withdrawn, make an order under section 4(1) in respect of the land not more than 1 month after receipt of the notice by the Director, and the period of notice specified in the order shall be 1 month. (Amended 62 of 2000 s. 3) (5) In subsection (3) "owner" (拥有人) means the person holding the land direct from the Government under a Government lease. (Amended 29 of 1998 s. 105) Cap 276 s 16 Obstruction Any person who wilfully obstructs any person lawfully exercising or performing any power duty or function arising under section 5(2)(a)(i), 7(2)(a)(i), 9, 11(2)(a)(i), 12(1), 12(6), 14(2) or 14(4) or lawfully exercising any power consequential or incidental to an easement or right created pursuant to section 6 shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 1 year. (Amended 60 of 1983 s. 5) Cap 276 s 17 No remedy except under this Ordinance Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 PART IV RIGHTS TO COMPENSATION AND CLAIMS PROCEDURE No action, claim or proceedings shall lie or be brought against the Government or any other person- (Amended 62 of 2000 s. 3) (a) to restrain the doing of anything which is authorized by or under this Ordinance or to compel the doing of anything which may be omitted to be done thereunder; or (b) to recover damages, compensation or costs for- (i) damage or disturbance to or loss of or in the value of any land, chattel, trade or business; (ii) personal disturbance or inconvenience; |
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