【法规名称】
【法规编号】 79677 什么是编号？
【正 文】
第9页 CAP 276 MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE
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[接上页] (3) Where the Director has made any offer pursuant to section 21 (6)(a) or 21 (6A)(c) which is refused by the claimant or either party has made any offer pursuant to subsection (1) which is refused by the other and the compensation including costs (if any) assessed by the Lands Tribunal does not exceed the amount of compensation including costs (if any) comprised in the offer, the Lands Tribunal shall, unless for special reasons it thinks it proper not to do so, order the party who refused the offer to bear his own costs and to pay the costs of the other party in so far as the costs of either party are incurred after the making of the offer. (Amended 66 of 1978 s. 5) Cap 276 s 24 Jurisdiction of Lands Tribunal PART V ASSESSMENT AND AWARD OF COMPENSATION (1) The Lands Tribunal shall have jurisdiction to hear and determine in accordance with this Ordinance- (a) all claims for compensation which the Director or the claimant may refer to it under section 21 (6) or (7); and (b) applications provided for by sections 8(2), 19(2) and 33.(2) The Lands Tribunal shall also have jurisdiction to award compensation or any part thereof to a claimant if at the time of the award it has no notice or intimation of any dispute as to his entitlement but the making of any such award shall not affect the entitlement to receive compensation under this Ordinance of any other person who may thereafter be held by a court of competent jurisdiction to have a better title to the compensation or any part thereof than the person to whom it was awarded. (3) An award of compensation under subsection (2) shall not in any way affect the entitlement of a mortgagee to be paid compensation in accordance with section 25. Cap 276 s 25 Payment to mortgagees Remarks: Amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 105 (1) Subject to subsection (2) a mortgagee of land which reverts to the Government or vests in The Financial Secretary Incorporated under this Ordinance shall, in so far as he has priority as against any other mortgagee, be entitled to be paid so much of any compensation as is required to discharge his mortgage debt including any interest thereon. (Amended L.N. 180 of 1985; 29 of 1998 s. 105) (2) If compensation is payable under this Ordinance otherwise than for land resumed or if the land to which compensation relates is part only of the mortgage security a mortgagee shall, in so far as he has priority as against any other mortgagee, be entitled to be paid so much of the compensation as is necessary to reduce his mortgage debt to an amount which is adequately secured by the land or the remaining land as the case may be. (3) The payment of compensation, as required by subsections (1) and (2), shall be made in accordance with the written agreement of the claimant and every mortgagee of the land or failing such agreement in accordance with an order of the Court of First Instance under subsection (4). (Amended 25 of 1998 s. 2) (4) The claimant or any mortgagee may apply to the Court of First Instance for an order as to the payment of unpaid compensation and on any such application the Court may make such order as it thinks just and equitable having regard to the requirements of subsections (1) and (2). (Amended 25 of 1998 s. 2) Cap 276 s 26 Interest on compensation Remarks: For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see section 13 of 6 of 2001. (1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs) from such date and for such period as it thinks fit, at the rate specified in subsection (2) or at such other rate as may be determined by resolution of the Legislative Council. (Amended 76 of 1980 s. 24; 6 of 2001 s. 6) (2) For the purposes of subsection (1), the rate of interest paid- (a) in respect of a working day shall be the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on that day; and (b) in respect of a non-working day shall be the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on the last working day before that day. (Added 6 of 2001 s. 6)(3) In this section- "non-working day" (非工作日) means a day that is not a working day; "note-issuing bank" (发钞银行) has the meaning assigned to it by section 2 of the Legal Tender Notes Issue Ordinance (Cap 65); "working day" (工作日) means any day other than- (a) a public holiday; or (b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1). (Added 6 of 2001 s. 6) Cap 276 s 27 Compensation payable out of general revenue Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 All compensation (including interest thereon) and all costs- (a) agreed to be paid to the claimant by the Director; or (b) awarded by the Lands Tribunal against the Government,shall be paid out of the general revenue within 3 months of the agreement or award, unless there is a dispute as to the person entitled to such compensation. |
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