【法规名称】
【法规编号】 79697 什么是编号？
【正 文】
第4页 CAP 130 LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE
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[接上页] (b) in respect of a non-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 the last working day before that day. (Added 6 of 2001 s. 4)(2) Any payment made by the Director under subsection (1) in respect of any acquisition of land shall be without prejudice to the claim for compensation under this Ordinance or the submission under this Ordinance of the matter to the Lands Tribunal for determination of the amount of compensation (if any) to be paid, or the determination thereof by it under this Ordinance; but the amount of compensation payable by virtue of such determination in respect of the acquisition shall be reduced by the amount of such payment. (Amended 64 of 1985 s. 2) (3) Where the amount of compensation payable by virtue of a determination of the Lands Tribunal under this Ordinance in respect of any acquisition of land is reduced under subsection (2) by the amount of any payment made under subsection (1), such compensation shall not as from the date on which the payment is made bear interest except on the amount thereof as so reduced. (Replaced 64 of 1985 s. 2) (4) Where the amount of any payment made by the Director under subsection (1) in respect of any acquisition of land exceeds the amount of the compensation payable by virtue of a determination by the Lands Tribunal under this Ordinance in respect of such acquisition, the amount of the excess shall be recoverable by the Director as a civil debt. (Amended 64 of 1985 s. 2) Cap 130 s 10 Payment of compensation and interest 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) All sums of money agreed or determined as compensation (together with interest thereon as hereinafter mentioned), and all costs and remuneration awarded against the Government, shall be paid out of the general revenue. (Amended 62 of 2000 s. 3) (2) At any time after agreement or determination by the Lands Tribunal of the amount of compensation payable under this Ordinance, the Director may by notice published in the Gazette require the person entitled to the compensation to collect it within the time and at the place specified in the notice. (3) Subject to section 9(3), any sum of money payable as compensation by virtue of an agreement or determination of the Lands Tribunal under this Ordinance shall bear interest from the date of vesting until the expiration of the time specified in the notice published under subsection (2). No interest shall be payable on any costs or remuneration. (4) Subject to subsection (4A), the rate of interest for the purposes of subsection (3) shall be such rate as the Lands Tribunal may fix. (Replaced 6 of 2001 s. 4) (4A) The rate of interest fixed under subsection (4)- (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 (b) in respect of a non-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 the last working day before that day. (Added 6 of 2001 s. 4)(5) If no claim be made for the compensation money at the place, and within the time, specified in the notice published under subsection (2), the Director shall pay such money into the Treasury. (6) The money thus paid into the Treasury or any part of it may, within a period of 5 years from the expiration of the time specified in the notice published under subsection (2), be claimed by the person entitled thereto and upon such claim being substantiated shall be paid to the person so entitled. (7) At the expiration of the said period of 5 years the money or such part of it as remains unpaid shall be transferred to the general revenue. Cap 130 s 11 Payment when person entitled cannot be found, etc. When the person entitled to compensation in respect of any land which has been acquired is absent from Hong Kong or cannot be found, or within 6 months after the date when the amount of compensation shall have been agreed or determined by the Lands Tribunal under this Ordinance makes no claim to the same, or is in the opinion of the Director unable to give an effectual discharge for the same, the Director may direct payment of the compensation to be made to such other person on behalf of the person entitled as he shall think proper, subject to such conditions as he thinks fit, and the receipt of such other person shall be a valid and effectual discharge for the same in the same manner as if payment had been made to the person entitled. (Amended 64 of 1985 s. 3) Cap 130 s 12 Barring actions against the Government Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 Except as provided by this Ordinance, no action or suit shall lie against the Government or against any other person for any loss or damage suffered by any person as the result of the acquisition of any land under this Ordinance. |
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