【法规名称】
【法规编号】 79725 什么是编号？
【正 文】
第12页 CAP 28 LAND (MISCELLANEOUS PROVISIONS) ORDINANCE
|
[接上页] (ii) given, left or sent in accordance with paragraph (b) in respect of any partner which is a company;(d) in the case of a person ("attorney") holding a power of attorney under which the attorney is authorized to accept service in respect of another person on whom it is required to be so sent or served, it is— (i) where the attorney is an individual, delivered, left or sent in accordance with paragraph (a); (ii) where the attorney is a company, given, left or sent in accordance with paragraph (b); (iii) where the attorney is a partnership, delivered, left or sent in accordance with paragraph (a) in respect of any partner who is an individual; or (iv) where the attorney is a partnership, given, left or sent in accordance with paragraph (b) in respect of any partner which is a company. (Part III replaced 17 of 2003 s. 4) Cap 28 s 11 Duty of lessee or licensee to notify Authority of unlawful structure Remarks: Amendments retroactively made - see 29 of 1998 ss. 12, 13 & 105 PART IV SUMMARY REMEDY FOR BREACHES OF GOVERNMENT LEASES AND LICENCES (Replaced 56 of 1979 s. 4. Amended 29 of 1998 s. 13) (1) If it comes to the knowledge of a lessee or licensee that, in breach of the Government lease or licence, a structure- (Amended 29 of 1998 s. 105) (a) is being erected or placed on the land or on any building on the land; or (b) has been erected or placed thereon since 22 October 1965,otherwise than by him or on his behalf, the lessee or licensee shall notify the Authority within 48 hours. (2) Any person who without reasonable excuse contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $1000. (3) In proceedings for an offence under subsection (2), the lessee or licensee shall be presumed to have known that the structure was being or had been erected or placed on the land, unless he proves that he did not know, and could not reasonably have known, of the same. Cap 28 s 12 Demolition of unlawful structures Remarks: Adaptation amendments retroactively made - see 29 of 1998 ss. 12 & 14; 3 of 2000 s. 3 (1) If- (a) a structure is being or has been erected or placed on leased land, or on land occupied under a licence, or on any building on such land, in breach of a Government lease or licence; or (Amended 29 of 1998 s. 14) (b) a structure on leased land or land occupied under a licence, being a structure which by virtue of a covenant, condition or stipulation in a Government lease or licence can be used only for agricultural purposes- (Amended 29 of 1998 s. 14) (i) is being used for any other purpose in breach of that covenant, condition or stipulation; and (ii) the use for that other purpose is not authorized by any permission granted, or does not appear in any survey or record made, by the Authority before the date on which the Crown Land (Amendment) Ordinance 1979 (56 of 1979) came into operation,the Authority may, by notice in writing served on the lessee or licensee, require him- (i) in a case to which paragraph (a) applies, to demolish the structure; (ii) in a case to which paragraph (b) applies, to discontinue such use and, if the Authority thinks it appropriate, to restore the structure so that it may be used for agricultural purposes,before such date as may be specified in the notice. (Replaced 56 of 1979 s. 5) (2) If a lessee or licensee does not comply with a notice served on him under subsection (1), any public officer, or other person, acting on the direction of the Authority may, with the assistance of such other public officers or other persons as may be necessary, enter on the land and- (a) in a case to which subsection (1)(a) applies, demolish the structure; (b) in a case to which subsection (1)(b) applies, demolish the structure or, if the Authority thinks fit, carry out such works as may be necessary to restore the structure so that it may be used for agricultural purposes. (Amended 56 of 1979 s. 5)(3) A lessee or licensee (for the purpose of complying with a notice under subsection (1)) and (for the purpose of subsection (2)) any authorized person may- (a) remove from the structure any person or property therein; and (b) take possession of such property and of any property resulting from the demolition of the structure.(4) Any property of which possession is taken under subsection (3)(b) by an authorized person shall become the property of the Government free from the rights of any person and, subject to subsection (5), may be dealt with as the Authority thinks fit. (Amended 29 of 1998 s. 14) (5) The Chief Executive may order that- (Amended 3 of 2000 s. 3) (a) the whole or a part of any property which has become the property of the Government under subsection (4); or (Amended 29 of 1998 s. 14) (b) the whole or a part of the value of any such property,shall be delivered or paid to any person who appears to him to have a moral claim thereto. (6) The Authority may recover from the lessee or licensee any cost incurred in or arising out of the demolition of a structure under subsection (2) and of the exercise of the powers conferred by subsection (3). |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！