【法规名称】
【法规编号】 79745 什么是编号？
【正 文】
第12页 CAP 446 LAND DRAINAGE ORDINANCE
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[接上页] (3) Save as otherwise provided in this Ordinance, the practice and procedure in relation to any such appeal shall be subject to any rules of court. (4) The decision of the Court of First Instance shall be final. (Enacted 1994. Amended 25 of 1998 s. 2) Cap 446 s 34 No recovery of money except under this Ordinance Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 PART VI COMPENSATION No person shall have any right against the Government or any other person to recover any money in respect of any works executed or anything done by the Drainage Authority and authorized under this Ordinance except to the extent of the rights to compensation provided for in section 36. (Enacted 1994. Amended 61 of 1999 s. 3) Cap 446 s 35 No right to compel or restrain Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 No person shall have any right against the Government, the Drainage Authority, his agent or independent contractor employed and authorized by him, to compel or restrain anything authorized under this Ordinance. (Enacted 1994. Amended 61 of 1999 s. 3) Cap 446 s 36 Compensation Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) The compensation referred to in section 34 is the right to recover from the Government for the matters set out in column 2 of Part II of the Schedule a sum assessed on the basis specified opposite thereto in column 3 thereof and with regard to the provisions of Part I of the Schedule, subject to- (Amended 61 of 1999 s. 3) (a) the claim being served on the Drainage Authority within the appropriate period specified in column 5 of Part II of the Schedule; and (b) the other provisions of this Ordinance.(2) Every person who is described in column 4 of Part II of the Schedule shall have the right to recover compensation for the matters set out opposite thereto in column 2 to the extent suffered or incurred by him as assessed under this Ordinance. (Enacted 1994) Cap 446 s 37 Resumption of land on application (1) If any land has been rendered incapable of reasonably beneficial use as a result of the execution by the Drainage Authority of any works authorized under this Ordinance, the owner of the land affected may, within the expiration of 1 year from the date of the completion of the works, apply to the Chief Executive in Council for an order for the Government to resume so much of his land as has been so rendered incapable of reasonably beneficial use. (Amended 29 of 1998 s. 105; 61 of 1999 s. 3) (2) The Chief Executive in Council may, if he is of the opinion that the land or so much of it has been so rendered incapable of reasonably beneficial use, make an order referred to in subsection (1) and the order shall specify the period of notice referred to in subsection (3). (Amended 61 of 1999 s. 3) (3) Where the Chief Executive in Council makes an order under subsection (2), the Secretary- (Amended 61 of 1999 s. 3) (a) shall publish once in the Gazette and at least in 2 Chinese language newspapers and one English language newspaper a notice- (i) stating that an order has been made under subsection (2) and the period of notice specified in the order; (ii) describing the land ordered to be resumed; and (iii) stating where and when a plan of the land may be inspected; and(b) shall, not later than the date on which the notice is first published in the Gazette in pursuance of paragraph (a), serve a copy of the notice on any person appearing to the Secretary to have an interest in the land ordered to be resumed.(4) The resumption of land described in the order shall be effective upon the expiration of the period of notice as specified in the order. (5) Upon the expiration of the period of notice specified in the order, the land 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)but in either case the land shall vest or revert without any conveyance and free of all mortgages, charges, claims, estates, easements, rights or interests of any kind in favour of any person. (6) The ownership of any apparatus belonging to an owner or supplier of gas, electricity, water or telecommunications services and situated in, under or over any land shall not be altered by reason only of the vesting or reversion of that land under subsection (5). (Amended 36 of 2000 s. 28) (7) The Secretary shall, as soon as practicable after the land has vested in The Financial Secretary Incorporated or reverted to the Government under subsection (5), cause- (Amended 29 of 1998 s. 105) (a) such vesting or reversion to be noted in the register of the land kept in the Land Registry; (b) to be published in the Gazette in Chinese and English and in one issue of a Chinese language newspaper and an English language newspaper a notice- |
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