【法规名称】
【法规编号】 79697 什么是编号？
【正 文】
第3页 CAP 130 LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE
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[接上页] (2) The Lands Tribunal shall determine the compensation (if any) payable under subsection (1) on the basis of- (a) the value of the land acquired together with any buildings erected thereon at the date of vesting; (b) the value of any interest, right or easement in or over the land acquired, owned, held or enjoyed by the claimant at the date of vesting; (c) the amount of loss or damage suffered by the claimant due to the severance of the land acquired or any building erected thereon from any other land of the claimant, or building erected thereon, contiguous or adjacent thereto; (d) the amount of loss or damage to a business conducted by the claimant at the date of vesting on the land acquired or in any building erected thereon, due to the removal of the business from that land or building as a result of the acquisition; (e) the amount of any expenses reasonably incurred by the claimant in moving from any premises owned or occupied by him on the land acquired to, or in connection with the acquisition of, alternative land or land and buildings, but excluding any amount to which paragraph (d) applies.(3) In the determination of the compensation (if any) payable under subsection (1)- (a) no allowance shall be made on account of the acquisition being compulsory; (b) no account shall be taken of the fact that the land lies within or is affected by any area, zone or district reserved or set apart for the purposes specified in section 4(1)(a), (c), (d), (e), (f), (g), (h) or (i) of the Town Planning Ordinance (Cap 131); (Amended 2 of 1988 s. 8; 4 of 1991 s. 10) (c) subject to subsection (4), the value of the land acquired shall be taken to be the amount which the land if sold in the open market by a willing seller might be expected to realize.(4) When any land is acquired, the Lands Tribunal in determining the compensation (if any) payable under subsection (1) and in estimating the value of the land acquired together with any buildings erected thereon, may- (a) take into consideration the nature and existing condition of the land and the probable duration of the buildings in their existing state, and the state of repair thereof; and (b) decline to make any compensation for any addition to or improvement of the land made after the date of publication in the Gazette of the notice under section 4, or any notice of intended resumption under the Lands Resumption Ordinance (Cap 124) (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair): (Amended 29 of 1998 s. 43)Provided that, in the case of any interest, right or easement acquired after the date of such publication, no separate estimate of the value thereof shall be made so as to increase the amount of compensation. (5) The Lands Tribunal may also receive evidence to prove that- (a) the rental of the buildings or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose; (b) the buildings or premises are in such a condition as to be a nuisance within the meaning of any Ordinance relating to buildings or to public health, or are not in reasonably good repair; or (c) the buildings or premises are unfit, and not reasonably capable of being made fit, for human habitation. (6) If the Lands Tribunal is satisfied by such evidence, then the compensation shall- (a) in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the buildings or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; (b) in the second case, be the amount estimated as the value of the buildings or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and (c) in the third case, be the value of the land and of the materials of the buildings thereon. Cap 130 s 9 Provisional payment pending determination of 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 Director may, pending the determination by the Lands Tribunal of the compensation (if any) payable under this Ordinance in respect of the acquisition of any land, pay- (a) an amount as a provisional payment of the amount (if any) payable by virtue of such determination; and (b) interest on any payment made under paragraph (a), for the period from the date of vesting, until the date when the payment is made, calculated on a daily basis according to subsection (1A). (Amended 64 of 1985 s. 2; 6 of 2001 s. 4)(1A) For the purposes of subsection (1)(b), the rate of interest paid- (a) in respect of a working day must not be lower than 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 |
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