【法规名称】
【法规编号】 79713 什么是编号？
【正 文】
第2页 CAP 118 CROWN LEASE (POK FU LAM) ORDINANCE
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[接上页] (2) After consideration of such applications and, if he has so directed, of any such further data and information obtained, or, where no such applications are received by him, the Director may allow the plan to stand unamended or amend it in such manner as he thinks fit, and thereafter shall cause a notice to be published approving the plan, either in the form as made available to the public under section 6, or as amended in accordance with this subsection and specifying the manner in which the same has been amended. Cap 118 s 8 Application to District Court for amendment of plan Remarks: Adaptation amendments retroactively made - see 3 of 2000 s. 3 (1) Any person claiming to have an interest in any land comprised in the plan as approved under section 7(2) and who considers that such plan is incorrect in any manner that is prejudicial to such interest may, within 30 days after the publication under that subsection of the notice in the Gazette, apply to the District Court for an order directing the Director to amend the plan in the manner specified in the application or in such other manner as the court may think just. (2) Notwithstanding anything contained in the Crown Proceedings Ordinance (Cap 300), the Director shall be named as defendant in any application made under subsection (1), and the court, of its own motion or on application made to it, may in addition cause to be joined as co-defendant any person who it appears may be affected by any order which may be made directing the amendment of the plan. (3) In any case in which a person to be joined as a co-defendant in proceedings under this section is absent from Hong Kong or cannot, after reasonable inquiry, be found, the court may in its discretion appoint a solicitor to represent such person. (Amended 3 of 2000 s. 3) (4) An application to the District Court under this section shall be instituted by an originating summons and shall for all purposes relating to costs and fees be deemed to be an action in respect of which the value of the claim exceeds $500 but does not exceed $2000. Cap 118 s 9 District Court may order the amendment of the plan Where an application is made under section 8 within the time specified therein, the District Court, having heard the representations of the parties and any evidence adduced by them, may, if it thinks fit, order the Director to amend the plan as approved under section 7(2), either in the manner specified in the application or in such other manner as the court may think just. Cap 118 s 10 Appeal to a judge Any party to an application made under section 8 who is aggrieved by a decision of the District Court under section 9 may appeal against such decision within 14 days after the making thereof to a judge, who may confirm, reverse or vary the decision of the District Court, and the decision of the judge on any such appeal shall be final. Cap 118 s 11 Plan as approved or amended to take the place of original plan The plan, as approved under section 7(2), or, if amended by order of the District Court or a judge, as so amended after all applications and all appeals have been finally disposed of under sections 9 and 10, respectively, shall be deemed for all purposes to be the original plan; and the Director shall cause a notice to be published stating that the plan stands as so approved, or, where the plan is so amended, specifying the manner in which it is amended. |
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