【法规名称】
【法规编号】 79711 什么是编号？
【正 文】
第2页 CAP 124 LANDS RESUMPTION ORDINANCE
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[接上页] (4) A notice published and served or affixed under this section shall be deemed to be notice to the owner of the land and every person interested in the land or having any right or easement therein. (Replaced 27 of 1930 s. 2) Cap 124 s 4A Purchase by agreement Remarks: Amendments retroactively made - see 29 of 1998 ss. 32 & 33 Where an order has been made for the resumption of any land under section 3, the Authority may, before the land reverts to the Government under section 5, agree with the owner and any person having an estate or an interest in such land under an instrument registered in the Land Registry on the purchase of the land and of any such estate or interest therein, and any such agreement relating to land in respect of which an order under section 3 is made on or after the commencement of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984) may provide for the payment by the Authority to the owner or such person of any costs or remuneration reasonably incurred or paid by him in employing persons to act in a professional capacity in connection with the purchase. (Added 63 of 1974 s. 5. Amended 5 of 1984 s. 2; 8 of 1993 s. 2; 29 of 1998 s. 33) Cap 124 s 5 Reversion of ownership to the Government Remarks: Amendments retroactively made - see 29 of 1998 ss. 32 & 105 On the expiration of 1 month, or any longer period authorized under section 4(3), the land other than any land purchased by agreement under section 4A shall- (a) where it is an undivided share in land, vest in The Financial Secretary Incorporated together with such rights to the use and occupation of any building or part thereof as may be appurtenant to the ownership of that share; and (b) in all other cases, revert to the Government, (Amended 29 of 1998 s. 105)and all the rights of the owner, his assigns or representatives and of any other person in or over the land or any part thereof shall absolutely cease. (Replaced 71 of 1987 s. 20) Cap 124 s 6 Compensation Remarks: Amendments retroactively made - see 29 of 1998 ss. 32 & 105 (1) Within a period of 28 days from the date on which land reverts to the Government under section 5, the Authority shall- (Amended 29 of 1998 s. 105) (a) write to the former owner and to any person having an estate or interest in the land immediately before reversion under an instrument registered in the Land Registry, making an offer of compensation in respect of the resumption of the land; or (Amended 5 of 1984 s. 3; 8 of 1993 s. 2) (b) serve on any of the persons referred to in paragraph (a) a notice in such form as the Authority may specify, requiring him to submit his claim for compensation within the time stipulated in such notice.(2) Where a notice is served on a person under subsection (1)(b) he shall submit his claim in a form specified by the Authority and shall furnish to the Authority such accounts, documents and particulars as the Authority may reasonably require in support of such claim. (2A) Where, in the case of land resumed under an order made under section 3 on or after the commencement of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984), an offer of compensation is made or a claim for compensation is submitted to or by any person under this section, such offer may provide for the payment by the Authority to that person of, or such claim may include a claim for, any costs or remuneration reasonably incurred or paid by him in employing persons to act in a professional capacity in connection with such offer or claim. (Added 5 of 1984 s. 3) (3) If- (a) a person to whom an offer has been made under subsection (1)(a) does not accept the offer within 28 days from the date thereof; or (b) a person on whom a notice has been served under subsection (1)(b)- (i) does not submit his claim within the time stipulated therein; or (ii) submits his claim but he and the Authority do not agree as to the amount of compensation,such person or the Authority may then refer the matter to the Lands Tribunal for determination of the amount of compensation to be paid. (Amended 5 of 1984 s. 3) (Replaced 63 of 1974 s. 7) Cap 124 s 7 Power of entry Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 32; 3 of 2000 s. 3 (1) In any case where notice of intended resumption has been given it shall be lawful for the Chief Executive and all other persons authorized by him and without the consent of the owner or occupier thereof to enter into and upon any land intended to be resumed for the purpose of surveying and taking levels of such land and doing all necessary acts for setting out the line of works. (18 of 1910 s. 6 incorporated. Amended 28 of 1911 s. 6(c); 51 of 1911; 2 of 1912 Schedule; 63 of 1974 s. 8; 3 of 2000 s. 3) (2) If any damage is caused by reason of the entry into and upon the land or of any works performed under subsection (1) either the owner or occupier may submit to the Authority a claim for compensation in respect of such damage. (Added 63 of 1974 s.8) |
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