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[接上页] (a) for the period from the date on which a claim is made under this Ordinance to the date of payment; (b) at the rate payable on judgment debts pursuant to section 49 of the High Court Ordinance (Cap 4). (Amended 25 of 1998 s. 2)(12) All sums of money agreed or determined as compensation, and any interest payable, under this Ordinance shall be a charge on the general revenue. (13) No action, claim or proceedings shall lie or be brought against the Government or any other person to recover damages or compensation for loss or damage to land or any property situated on land as a result of the creation of rights, or the exercise of rights created, under this Ordinance except in pursuance of the rights to compensation provided for in this section. (Amended 61 of 1999 s. 3) Cap 438 s 13 Claims out of time Remarks: Adaptation amendments retroactively made - see 61 of 1999 s. 3 (1) Subject to subsection (2), if notice of a claim is not delivered to the Director of Lands before the expiration of the period specified in section 12(3) in respect of that matter, the right to claim compensation for that matter shall be barred. (2) The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or after the expiry of that period, be extended in accordance with this section. (3) Notice of an application under subsection (2) shall be given to the Director of Lands by the applicant. (4) The Lands Tribunal may extend the period within which notice of a claim must be delivered to the Director of Lands if it considers that the delay in delivering notice of the claim was occasioned by mistake of fact or mistake of any matter of law (other than the relevant provision in section 12(3)) or by any other reasonable cause or 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 5 years from the expiration of the period referred to in subsection (1). (Enacted 1993) Cap 438 s 14 Offence to obstruct exercise of right of Government Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) Any person who, having been given notice by the Government of its intention to exercise rights created under section 10 in respect of any land, wilfully obstructs or interferes with the lawful exercise of those rights at any time specified in the notice commits an offence and is liable to a fine of $10000 and to imprisonment for 6 months. (2) For the purpose of subsection (1) "notice" (通知) means written notice given- (a) not less than 1 day before the earliest time specified in the notice; (b) to the defendant personally.(3) Nothing in this section shall be construed as imposing on the Government an obligation to give notice under this section prior to the exercise of any of the rights created under section 10. (Enacted 1993. Amended 29 of 1998 s. 105) Cap 438 s 15 (Omitted as spent) (Omitted as spent) (Enacted 1993) Cap 438 s 16 (Omitted as spent) (Omitted as spent) (Enacted 1993) |