【法规名称】
【法规编号】 79711 什么是编号？
【正 文】
第3页 CAP 124 LANDS RESUMPTION ORDINANCE
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[接上页] (3) The Authority may compromise or settle any claim submitted under subsection (2), or failing agreement, either party may refer the matter to the Lands Tribunal for determination of the amount of compensation to be paid. (Added 63 of 1974 s. 8) Cap 124 s 8 Claims for compensation Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 32 & 105; 3 of 2000 s. 3 (1) Any person claiming compensation by reason of the resumption of any land under this Ordinance, and being a person who has not been offered in writing compensation under section 6(1)(a), or has not been served with a notice under section 6(1)(b), may submit a claim in writing to the Authority stating the nature of his estate or interest in the land and the amount which he seeks to recover. (2) If any such person and the Authority do not agree as to the amount of compensation (if any) to be paid either party may submit the claim to the Lands Tribunal for determination of the amount of compensation (if any) to be paid. (3) A person claiming compensation under subsection (1) shall submit his claim to the Authority within a period of 1 year from the date on which the land reverted to the Government under section 5 or within such further period as the Chief Executive may allow in any case. (Amended 5 of 1984 s. 4; 29 of 1998 s. 105; 3 of 2000 s. 3) (4) A claim submitted by a person under subsection (1), in respect 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), may include a claim for any costs or remuneration reasonably incurred or paid by that person in employing persons to act in a professional capacity in connection with such claim. (Added 5 of 1984 s. 4) (Replaced 63 of 1974 s. 9) Cap 124 s 9 Barring of actions against the Government Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 32; 3 of 2000 s. 3 Subject to the provisions of 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 resumption of any land under this Ordinance. (Replaced 63 of 1974 s. 10. Amended 3 of 2000 s. 3) Cap 124 s 10 Determination by Tribunal of compensation payable by Government Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 32 (1) The Tribunal shall determine the amount of compensation (if any) payable in respect of a claim submitted to it under section 6(3) or 8(2) on the basis of the loss or damage suffered by the claimant due to the resumption of the land specified in the claim. (2) The Tribunal shall determine the compensation (if any) payable under subsection (1) on the basis of- (a) the value of the land resumed and any buildings erected thereon at the date of resumption; (b) the value of any easement or other right in the land resumed, owned, held or enjoyed by a claimant at the date of resumption; (c) the amount of loss or damage suffered by any claimant due to the severance of the land resumed 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 a claimant at the date of resumption on the land resumed or in any building erected thereon, due to the removal of the business from that land or building as a result of the resumption; (e) 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)- (i) the amount of any expenses reasonably incurred by him in moving from any premises owned or occupied by him on the land resumed to, or in connection with the acquisition of, alternative land or land and buildings, but excluding any amount to which paragraph (d) applies; (ii) the amount of any costs or remuneration mentioned in sections 6(2A) and 8(4). (Added 5 of 1984 s. 5) (Replaced 63 of 1974 s. 10) Cap 124 s 11 Principles of assessment of compensation Remarks: Amendments retroactively made - see 29 of 1998 s. 32 (1) When any property is resumed, the Lands Tribunal in determining the compensation to be paid and in estimating the value of the land resumed and of any buildings thereon, may- (Amended 28 of 1911 s. 6(i); 50 of 1911; 1 of 1912 Schedule) (a) take into consideration the nature and existing condition of the property, 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 property made after the date of the publication in the Gazette of the notice of intended resumption (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair): (Amended 27 of 1937 Schedule)Provided that, in the case of any interest 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. |
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