【法规名称】
【法规编号】 79745 什么是编号？
【正 文】
第13页 CAP 446 LAND DRAINAGE ORDINANCE
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[接上页] (i) describing the land resumed; (ii) stating where and when a plan of the land may be inspected; (iii) stating that any person entitled to compensation under this Ordinance may serve a written claim upon the Drainage Authority; and(c) a copy of such notice in Chinese and English to be affixed in a prominent position on or near the land resumed.(8) Upon the vesting under subsection (5)(a) of an undivided share in land in The Financial Secretary Incorporated such share, together with any part of a building the exclusive use and occupation of which is appurtenant to the ownership of such share, shall be deemed to be unleased land for the purposes of section 6 of the Land (Miscellaneous Provisions) Ordinance (Cap 28). (Amended 29 of 1998 s. 86) (Enacted 1994) Cap 446 s 38 Claims out of time Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) Subject to subsection (2), if a claim is not served on the Drainage Authority before the expiration of the period specified in column 5 of Part II of the Schedule in respect of that matter, the right to claim compensation therefor shall be barred. (2) The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or after the expiration of that period, be extended in accordance with this section. (3) Notice of an application under subsection (2) shall be given to the Drainage Authority by the applicant. (4) The Lands Tribunal may extend the period within which a claim shall be served upon the Drainage Authority if it considers that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than the matter contained in subsection (1)) or by any other reasonable cause and that the Government is not materially prejudiced in the conduct of its case or otherwise by the delay. (Amended 61 of 1999 s. 3) (5) An extension may be granted by the Lands Tribunal under subsection (4) with or without conditions for such period as it thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose. (Enacted 1994) Cap 446 s 39 Claims procedure (1) Any person claiming under section 36 shall serve on the Drainage Authority a claim in writing stating- (a) the name of the claimant, and his address for service of notices; (b) a full description of the land to which the claim relates including any covenants, easements, rights or restrictions affecting the land; (c) the nature of the claimant's interest in the land including, in the case of a sublessee or subtenant, his landlord's name and address and details of the sublease or subtenancy; (d) details of any mortgage, including the principal still owing and the name and address of the mortgagee; (e) if the claimant has let the land or any part thereof, the name and address of each tenant and details of his lease or tenancy; (f) particulars of the claim showing- (i) the amount of the claim; (ii) under which item of Part II of the Schedule the claim is made; and (iii) how the amount claimed under each item is calculated.(2) The Drainage Authority may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim and any item thereof. (3) If the Drainage Authority and the claimant do not settle the claim or any part thereof by agreement within 7 months of the service of the claim under subsection (1), either party may refer the claim or the part thereof as is still in dispute with particulars thereof to the Lands Tribunal. (Enacted 1994) Cap 446 s 40 Jurisdiction of Lands Tribunal (1) The Lands Tribunal shall have jurisdiction to hear and determine in accordance with this Ordinance all claims for compensation which may be refer |
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