【法规名称】
【法规编号】 79747 什么是编号？
【正 文】
第3页 CAP 438 SEWAGE TUNNELS (STATUTORY EASEMENTS) ORDINANCE
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[接上页] (5) Subject to section 12, where an order has been made under subsection (4), no action shall lie in respect of any act done by the Government prior to the making of the order in the purported exercise of rights conferred under section 10 which would, if done subsequent to the making of the order, be lawfully and validly done. (Amended 29 of 1998 s. 105) (Enacted 1993) Cap 438 s 12 Compensation Remarks: Adaptation amendments retroactively made - see 25 of 1998 s. 2; 61 of 1999 s. 3 (1) Subject to this section, the Government shall be liable to pay compensation to any person who has suffered loss or damage to land (including any diminution in the value of the land) or property situated on land as a result of the creation of rights, or the exercise of rights created, under this Ordinance. (Amended 61 of 1999 s. 3) (2) For the avoidance of doubt, "loss or damage as a result of the creation of rights under this Ordinance" in subsection (1) includes, where such rights have been created, any loss or damage as a result of a decision of the Building Authority under section 17A of the Buildings Ordinance (Cap 123). (3) A claim for compensation under this section shall be made by delivering notice of the claim in writing to the Director of Lands within the following period, that is- (a) where the claim is for compensation for diminution in the value of the land arising from the creation of an easement or right, within 12 months after the date on which the easement or right is created; (b) where the claim is for loss sustained on account of any decision by the Building Authority under section 17A of the Buildings Ordinance (Cap 123), being loss not foreseen and not reasonably foreseeable at the expiry of the period referred to in paragraph (a), within 12 months after the date of the decision; (Amended L.N. 210 of 1994) (c) in any other case, within 12 months after the date on which the loss or damage is discovered.(4) No compensation shall be payable for any loss as is referred to in subsection (3)(b) in respect of any land- (a) where compensation has previously been paid under this section for any loss as is referred in subsection (3)(b) in respect of such land; or (b) after the expiration of 10 years from completion of the construction of the tunnel under such land.(5) A notice of a claim for compensation under this section shall contain particulars of- (a) the loss or damage sustained; (b) the amount of the claim; and (c) how the amount claimed is calculated.(6) The Director of Lands may request any person claiming compensation under this section to furnish further particulars of and in support of his claim or any item of his claim, and if any such particulars are not furnished to the Director within a period of 1 month from the date of the notice, or within such further period as the Director may in writing allow, the claim or the item of the claim concerning which the particulars are requested shall be deemed to be rejected and subsection (7) shall not apply to such claim or item of the claim. (7) The Director of Lands shall, within 3 months of the service of a claim on him or, if he has requested further particulars under subsection (6) within 3 months of the day on which the particulars are furnished in accordance with that subsection, notify the claimant in writing that he- (a) admits the entire claim; or (b) rejects the entire claim; or (c) admits a specified part of the claim and rejects the remainder,and shall briefly state his reasons for rejection. (8) Where the Director of Lands has rejected a claim or any part of a claim under subsection (7), or where a claim or any part of a claim is deemed to have been rejected under subsection (6), the Director may- (a) by notice in writing offer to the claimant such sum, including costs as agreed, as the Government is willing to pay in full and final settlement of the claim or any part of the claim; (Amended 61 of 1999 s. 3) (b) commence proceedings in the Lands Tribunal, to have the claim or any part of the claim in respect of which no offer is made heard and determined by it in accordance with this Ordinance; or (c) commence such proceedings in the Lands Tribunal where any offer under paragraph (a) is not accepted by the claimant within 1 month of the date of the offer.(9) If, after the expiry of 6 months from the receipt of a claim by the Director of Lands, the claim has not been settled by agreement, either the claimant or the Director may commence proceedings in the Lands Tribunal to have the claim, or so much of the claim as is still then in dispute, heard and determined by it under this Ordinance. (10) If any claimant is not satisfied with the decision of the Director of Lands to reject the claim or any part of the claim, he may, not later than 1 month after the Director has notified him of his decision, submit the claim to the Lands Tribunal for determination in accordance with this Ordinance. (11) Interest shall be payable on any amount of compensation payable under this Ordinance in respect of loss or damage as is referred to in subsection (3)(b) or (c), and such interest shall be payable- |
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