【法规名称】
【法规编号】 79697 什么是编号？
【正 文】
第2页 CAP 130 LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE
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[接上页] (d) state the day on which the notice was affixed upon the land; (e) declare that the land described in the notice shall, on the expiration of 1 month from the date stated under paragraph (d) or on the expiration of a longer period determined by the Director and stated in the notice, by virtue of section 5 vest in the Government and that every interest, right or easement of any person in or over the land shall be extinguished; (Amended 29 of 1998 s. 105) (f) state that every person making a claim of ownership to the land described in the notice or to any part thereof, or claiming any interest, right or easement in or over it, shall, in accordance with section 6(1), submit to the Director a written notice of his claim together with such evidence as he may possess to substantiate it, before the date of vesting or within such further period, if any, as the Director may permit.(3) A notice served and published under this section shall be deemed to be notice to every person who has a claim of ownership in respect of the land, and every other person having any interest, right or easement in or over the land. Cap 130 s 5 Vesting of land in the Government, and right to enter and take possession Remarks: Amendments retroactively made - see 29 of 1998 s. 105 Upon the expiry of the period stated under section section 4(2)(e) in a notice under that section, the land described in the notice, together with the right to enter upon and take possession of it, shall vest in the Government free of all interests, rights or easements of any kind. (Amended 29 of 1998 s. 105) Cap 130 s 6 Claim of ownership of land acquired Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) Where a person- (a) has a claim of ownership; or (b) claims to have any interest, right or easement,in respect of land described in the notice under section 4 or any part thereof, he shall, before the date of vesting or within such further period as the Director may allow in any case, submit to the Director written notice of his claim, together with such evidence as he may possess to substantiate it (2) The Director may in his absolute discretion accept or reject a claim submitted under subsection (1). (3) If the Director- (a) rejects a claim submitted under subsection (1); or (b) refuses to allow a further period beyond the date of vesting for the submission of a claim under subsection (1),the claimant may apply to the Court of First Instance for the determination of his claim and in any such proceedings the Director shall be the defendant. (Amended 25 of 1998 s. 2) (4) An application under subsection (3) shall be made within 1 year from the date of vesting or within such further period as the Court of First Instance may allow in any case. (Amended 25 of 1998 s. 2) Cap 130 s 7 Entitlement to compensation and claims therefor Remarks: Amendments retroactively made - see 25 of 1998 s. 2 (1) Where- (a) a claim by a person of ownership of any land, or to any right, interest or easement in or over any land, that has been acquired under this Ordinance, is accepted by the Director under section 6(2); or (b) the Court of First Instance, on application made under section 6(3), declares that a person- (Amended 25 of 1998 s. 2) (i) was, immediately prior to the date of vesting, the owner, within the meaning of this Ordinance, of any land that has been acquired under this Ordinance; (ii) had, immediately prior to the date of vesting, any interest, right or easement in or over, any land that has been acquired under this Ordinance, that person shall be entitled to compensation. (2) Any person who is entitled to compensation under subsection (1) may submit his claim for compensation in a form specified by the Director and shall furnish to the Director such accounts, documents and particulars as the Director may reasonably require in support of the claim. (3) A claim for compensation submitted under subsection (2) may include a claim for any costs or remuneration reasonably incurred or paid by the owner or person entitled to compensation in employing persons to act in a professional capacity in connection with his claim to compensation. (4) Where the Director and the person who has submitted a claim for compensation under subsection (2) do not agree as to the amount of the compensation (if any), either party may refer the claim to the Lands Tribunal for determination, in accordance with this Ordinance and the Lands Tribunal Ordinance (Cap 17), of the amount of compensation (if any) to be paid. (5) A reference under subsection (4) shall be made within 1 year from the date of vesting or within such further period as the Lands Tribunal may allow in any case, but the total period for the purposes of this subsection shall not exceed 6 years from the date of vesting. Cap 130 s 8 Rules for assessing compensation Remarks: Amendments retroactively made - see 29 of 1998 s. 43 (1) The Lands Tribunal shall determine the amount of compensation (if any) payable in respect of a claim referred to it under section 7 on the basis of the loss or damage suffered by the claimant due to the acquisition of the land specified in the claim. |
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