【法规名称】
【法规编号】 79711 什么是编号？
【正 文】
第4页 CAP 124 LANDS RESUMPTION ORDINANCE
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[接上页] (2) The Lands Tribunal may also receive evidence to prove- (Amended 28 of 1911 s. 6 (i)) (a) that 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; or (b) that 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 (Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 20 of 1948 s. 4) (c) that the buildings or premises are unfit, and not reasonably capable of being made fit, for human habitation. (Amended 51 of 1911; 2 of 1912 Schedule)(3) If the Lands Tribunal is satisfied by such evidence, then the compensation- (a) shall, in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the building or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; and (Amended 51 of 1911; 2 of 1912 Schedule) (b) shall, in the second case, be the amount estimated as the value of the building 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 (Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule) (c) shall, in the third case, be the value of the land and of the materials of the buildings thereon. (Amended 28 of 1911 s. 6(d); 14 of 1921 s. 7; 63 of 1974 s. 11) Cap 124 s 12 Additional rules for determining compensation Remarks: Amendments retroactively made - see 29 of 1998 ss. 32 & 105 In the determination of the compensation to be paid under this Ordinance- (Amended 5 of 1924 s. 30) (a) no allowance shall be made on account of the resumption being compulsory; (aa) 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); (Added 32 of 1973 s. 2. Amended 2 of 1988 s. 8(2); 4 of 1991 s. 9) (b) no compensation shall be given in respect of any use of the land which is not in accordance with the terms of the Government lease under which the land is held; (Amended 29 of 1998 s. 105) (c) no compensation shall be given in respect of any expectancy or probability of the grant or renewal or continuance, by the Government or by any person, of any licence, permission, lease or permit whatsoever: (Amended 29 of 1998 s. 105) Provided that this paragraph shall not apply to any case in which the grant or renewal or continuance of any licence, permission, lease or permit could have been enforced as of right if the land in question had not been resumed; and(d) subject to the provisions of section 11 and to the provisions of paragraphs (aa), (b) and (c) of this section, the value of the land resumed shall be taken to be the amount which the land if sold by a willing seller in the open market might be expected to realize. (Amended 5 of 1924 s. 30; 32 of 1973 s. 2; 5 of 1984 s. 6) (Replaced 9 of 1922 s. 2) [cf. 1919 c. 57 s. 2 (1) & (2) U.K.] Cap 124 s 13 (Repealed 63 of 1974 s. 12) Remarks: Amendments retroactively made - see 29 of 1998 s. 32 Cap 124 s 14 (Repealed 63 of 1974 s. 12) Remarks: Amendments retroactively made - see 29 of 1998 s. 32 Cap 124 s 15 (Repealed 63 of 1974 s. 12) Remarks: Amendments retroactively made - see 29 of 1998 s. 32 Cap 124 s 16 Power to demise or grant land resumed Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 32; 3 of 2000 s. 3 Any land resumed under the provisions of this Ordinance may be demised and granted by the Chief Executive on such terms and conditions and at such price, whether by way of rent, premium or otherwise, and either by public auction or private contract, as the Chief Executive may determine. (Amended 28 of 1911 s. 6(d); 3 of 2000 s. 3) Cap 124 s 16A 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) 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), any offer of compensation made by the Authority to any person under this Ordinance in respect of any claim is not accepted, the Authority may, pending the determination by the Lands Tribunal of the compensation, if any, payable in respect of such claim under this Ordinance, pay- (a) an amount as a provisional payment of the amount payable by virtue of such determination; and (b) interest on any payment made under paragraph (a), for the period from the date on which the land reverts to the Government under section 5, until the date on which the payment is made, calculated on a daily basis according to subsection (1A). (Amended 62 of 1985 s. 2; 29 of 1998 s. 105; 6 of 2001 s. 2)(1A) For the purposes of subsection (1)(b), the rate of interest paid- |
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