【法规名称】
【法规编号】 79677 什么是编号？
【正 文】
第7页 CAP 276 MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE
|
[接上页] (iii) extinguishment, modification or restriction of rights; (iv) the costs of effecting or complying with any requirement or condition imposed by the Director, which is authorized by or under this Ordinance or arises from any act or omission so authorized, except in pursuance of one of the rights to compensation provided for in section 18. Cap 276 s 18 Compensation Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) The rights to compensation referred to in section 17 are the rights to claim from the Government for the items of loss damage or cost set out in the first column of Part I of the First Schedule a sum assessed on the basis specified opposite thereto in the second column thereof and with regard to the provisions of Part II of the First Schedule, subject to- (Amended 62 of 2000 s. 3) (a) the claim being served on the Director within the appropriate period specified in the fourth column of Part I of the First Schedule; and (b) the other provisions of this Ordinance.(2) Every person who is described in the third column of Part I of the First Schedule shall have the right to claim compensation for the item of loss damage or cost set out opposite thereto in the first column to the extent of the loss damage or cost suffered or incurred by him as assessed pursuant to this Ordinance. Cap 276 s 19 Claims out of time Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) Subject to this section, if a claim for an item of loss damage or cost is not served on the Director before the expiration of the period specified in the fourth column of Part I of the First Schedule in respect of that item, the right to claim compensation therefor shall be barred. (2) The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or after the expiry of that period, be extended in accordance with this section. (3) Notice of an application under subsection (2) shall be given to the Director by the applicant. (4) The Lands Tribunal may extend the period within which a claim must be served upon the Director if it considers that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than the relevant provision in the fourth column of Part I of the First Schedule) or by any other reasonable cause or that the Government is not materially prejudiced in the conduct of its case or otherwise by the delay. (Amended 62 of 2000 s. 3) (5) An extension may be granted by the Lands Tribunal under subsection (4), with or without conditions for such period as it thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose. Cap 276 s 20 Compensation disproportionate to the value of land Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 105; 62 of 2000 s. 3 (1) Where it appears to the Chief Executive that compensation for any loss or damage under item 6 of Part I of the First Schedule is or may be disproportionate to the value of the building to which the compensation relates, he may make an order under section 4(1) in respect of that land or part thereof notwithstanding that it is not in the railway area. (2) Upon the vesting in The Financial Secretary Incorporated or the reversion to the Government of land or part thereof pursuant to an order authorized by subsection (1), compensation shall be assessed under item 1 of Part I of the First Schedule, and under item 3 if applicable, and any other right to compensation under this Ordinance shall lapse. (Amended L.N. 180 of 1985; 29 of 1998 s. 105) (3) Where a right to claim compensation under this Ordinance has lapsed by operation of subsection (2), the person to whom that right belonged pursuant to section 18(2), shall be entitled to include in his claim for compensation under item 1 of Part I of the First Schedule, and to receive from the Government, an amount to cover such costs and expenses as he has reasonably incurred in connection with a claim to enforce the right which has lapsed. (Amended 62 of 2000 s. 3) Cap 276 s 21 Claims procedure Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) Any person who claims to be entitled to compensation under this Ordinance shall serve upon the Director a written claim setting out such of the following particulars as are applicable to his claim- (a) the name of the claimant, and his address for service of notices; (b) a full description of the land to which the claim relates including any covenants easements or restrictions affecting the same; (c) the nature of the claimant's interest in the land including in the case of a sub-lessee or sub-tenant his landlord's name and address and details of the sub-lease or tenancy; (d) details of any mortgage, including the principal still owing and name and address of the mortgagee; (e) if the claimant has sublet the land or any part thereof, the name and address of each tenant and details of his lease or tenancy; |
- 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！