【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
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To provide for the publication of proposals as to works in relation to roads, objections to the proposals, authority to carry out the works and for the use of roads, powers in relation to the works on and the use of roads, compensation and connected matters. [18 June 1982] (Originally 37 of 1982) Cap 370 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Roads (Works, Use and Compensation) Ordinance. Cap 370 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "application" (申请) means an application to the Lands Tribunal under section 23(2) or 28(2); "building" (建筑物), "Building Authority" (建筑事务监督) and "building works" (建筑工程) have the same meanings as in the Buildings Ordinance (Cap 123); "claim" (申索) means a claim for compensation under section 29; "claimant" (申索人) means a person who has made a claim for compensation; "compensatable interest" (可获补偿权益) means the estate or interest of- (a) a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than one month or a tenancy or sub-tenancy terminable (whether by virtue of an Ordinance or otherwise) by either party by not less than one month's notice; (b) a mortgagee in possession; (c) the holder of a valid and subsisting option to purchase an estate or interest referred to in paragraph (a) or (b); (d) a purchaser under an agreement for sale and purchase to whom the benefit of an estate or interest referred to in paragraph (a) or (b) has already passed;"land" (土地) means immovable property; "mortgage" (按揭) means a mortgage or charge registrable in the Land Registry; (Amended 8 of 1993 s. 2) "owner" (拥有人), in relation to land, means the person holding that land- (a) directly under a Government lease; or (Amended 29 of 1998 s. 105) (b) under another title directly from the Government registered in the Land Registry; (Amended 8 of 1993 s. 2)"sea-bed" (海床) includes any Government land covered with water in any tidal river or channel connected with the water of Hong Kong; (Amended 29 of 1998 s. 105) "Secretary" (局长) means the Secretary for the Environment, Transport and Works; (Replaced L.N. 106 of 2002) "use" (使用) means the use of any road, whether before or after the completion of any works and includes the existence of any road whether or not in relation to any use to which it is put; "works" (工程) means the construction, renovation, alteration, closure, maintenance or repair of any road and any operations ancillary thereto; "works area" (施工区) means the land delineated in the plan prepared under section 5. (2) Where, under this Ordinance, notice is required to be served on any person- (a) that notice shall be in writing and in both the Chinese and English languages; (b) it shall be served on that person by delivering it to him by hand or by registered post.(3) The Secretary shall not be obliged to serve any notice on any person whose address is unknown and cannot be reasonably ascertained. (4) A certificate purporting to be signed by a public officer shall be prima facie evidence of the facts stated therein relating to the service, giving, publication or affixing of any notice. (5) The title to any land shall not be affected by- (a) any defect in a notice required under this Ordinance; or (b) any failure to serve, publish or affix any notice under this Ordinance. Cap 370 s 3 Assumption and delegation by Secretary (1) The Secretary may act under this Ordinance in relation to any works which he proposes be executed by some other person, other than a public officer, as well as in relation to works which he proposes be executed, on his behalf, by a public officer and this Ordinance shall apply to these works and the use. (2) Where the Secretary proposes that any works be executed by some other person, any compensation payable in respect of those works shall, subject to any agreement, be payable by the Crown. (3) The Secretary may in writing authorize any named person either generally or in any particular case to exercise any of the powers, functions and duties conferred or imposed upon him under this Ordinance. Cap 370 s 4 Minor works PART II THE WORKS (1) The Secretary may execute any works- (a) which, in his opinion, are minor in respect of any physical or structural operations involved; and (b) in respect of which the only powers required by him are- (i) to close a road which, in his opinion, does not serve any useful purpose or does not serve any lawful purpose; (ii) to close a road to use for a period not exceeding 14 days in any period of 3 months; (iii) to close part of the width of a road to use but not to such extent as will interfere unreasonably with the normal flow of traffic on that road and for no longer than is reasonably necessary to execute the works.(2) The works executed under this section, including the closures mentioned in subsection (1)(b), and the use shall be authorized under this section. |
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