【法规名称】
【法规编号】 79677 什么是编号？
【正 文】
第8页 CAP 276 MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE
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[接上页] (f) particulars of the claim showing- (i) under which item the claim is made; and (ii) how the amount claimed under any item is calculated.(2) The Director shall in writing acknowledge receipt and the date of receipt of every claim served on him under subsection (1). (3) If a claimant amends his claim before proceedings are commenced with the Lands Tribunal and the Director considers the amendment to be substantial, the Director may, within 14 days of the receipt of the amended claim, notify the claimant that he elects to treat the claim, for the purposes of this section, as if it were a new claim served under subsection (1) on the date on which the amendment was received by the Director, and this section shall apply accordingly. (4) The Director may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim or any item thereof and if any such particulars are not furnished to the Director within a period of 28 days from the date of the notice, or within such further period as the Director may in writing allow, the claim or the item thereof concerning which the particulars are requested shall be deemed to be rejected and subsection (5) shall not apply thereto. (5) The Director shall within 3 months of the service of a claim on him or, if he has requested further particulars under subsection (4) within 3 months of the day on which they are furnished in accordance with that subsection, notify the claimant in writing that he- (a) admits the entire claim; or (b) rejects the entire claim; or (c) admits a specified part or parts and rejects the remainder,and in every case shall briefly state his reasons for rejection so that the claimant is adequately informed of those reasons. (6) Where the Director has rejected a claim or any part thereof under subsection (5) or where a claim or any part thereof is deemed to have been rejected under subsection (4) the Director may- (a) by notice in writing offer to the claimant such sum including costs as the Government is willing to pay in full and final settlement of the claim or any part thereof as the case may be; (Amended 62 of 2000 s. 3) (b) commence proceedings with the Lands Tribunal, to have the claim or any part thereof heard and determined by it in accordance with this Ordinance; (c) commence such proceedings with the Lands Tribunal where any offer under paragraph (a) is refused by the claimant.(6A) In relation to any claim under item 6 of Part I of the First Schedule- (a) subsections (4), (5) and (6) shall not apply; (b) the Director may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim or any item thereof within a period of 28 days from the date of the notice, or within such further period as the Director may in writing allow; (c) prior to the commencement of proceedings with the Lands Tribunal the Director may by notice in writing offer to the claimant such sum (inclusive or exclusive of costs) as the Government is willing to pay in full and final settlement of the claim or any part thereof, as the case may be. (Added 66 of 1978 s. 4. Amended 62 of 2000 s. 3)(7) If at the expiration of 4 months from the receipt of a claim by the Director it has not been settled by agreement, either the claimant or the Director may commence proceedings with the Lands Tribunal to have the claim, or so much thereof as is still then in dispute, heard and determined by it in accordance with this Ordinance. (8) In any case where the claimant has failed to supply further particulars required by the Director in accordance with subsection (4) or (6A)(b) the Lands Tribunal may on the hearing of the claim consider the merits of the Director's request for further particulars, and the claimant's failure to supply them and may, if it thinks fit- (Amended 66 of 1978 s. 4) (a) order the claimant to furnish some or all of such particulars; and (b) adjourn the hearing until the order is complied with and the particulars are considered by the Director; and (c) make such further order as it thinks fit as to the costs of either party occasioned by the Director's request for and the claimant's failure to supply the further particulars. Cap 276 s 22 Claims by minors etc. A claim may be brought on behalf of a minor by his guardian or guardians, or any of them, and on behalf of a mentally defective person by the person empowered by law to administer his assets. Cap 276 s 23 Settlement after reference to Lands Tribunal (1) At any time after proceedings have been commenced with the Lands Tribunal but before compensation is finally assessed the Director may make an offer in writing of the kind described in section 21(6)(a) or 21(6A)(c) or the claimant may by notice to the Director offer a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of his claim or any rejected part thereof. (2) Where an offer made by the Director pursuant to section 21 (6)(a) or 21 (6A)(c) or by the Director or the claimant pursuant to subsection (1) is not accepted by the other party no part of the contents thereof which relates to any part of a claim before the Lands Tribunal shall be disclosed to that Tribunal until the amount of compensation for that part is assessed by it but a copy of the offer enclosed in a sealed envelope may be lodged with the registrar of the Lands Tribunal and opened by it after it has made its assessment. |
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