【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
第11页 CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
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[接上页] (4) Where the claimant states a sum which he is willing to accept under subsection (1) which is not paid by the Secretary and the compensation assessed by the Lands Tribunal is not less than that sum, the Lands Tribunal shall, unless for special reason it thinks it proper not to do so, order the Secretary to bear his own costs and to pay the costs of the claimant. Cap 370 s 31 Jurisdiction of Lands Tribunal PART IV ASSESSMENT AND AWARD OF COMPENSATION (1) The Lands Tribunal shall have jurisdiction to hear and determine in accordance with this Ordinance- (a) all claims for compensation which the Secretary or the claimant may refer to it under section 29(6) or (7); and (b) applications provided for by sections 23(2) and 28(2).(2) The Lands Tribunal shall also have jurisdiction to award compensation or any part thereof to a claimant if at the time of the award it has no notice or intimation of any dispute as to his entitlement; but the making of any such award shall not affect the entitlement to receive compensation under this Ordinance of any other person who may thereafter be held by a court of competent jurisdiction to have a better title to the compensation or any part thereof than the person to whom it was awarded. (3) An award of compensation under subsection (2) shall not in any way affect the entitlement of a mortgagee to be paid compensation in accordance with section 32. Cap 370 s 32 Payment to mortgagees Remarks: Amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 105 (1) Subject to subsection (2), a mortgagee of land which reverts to the Government or vests in The Financial Secretary Incorporated under this Ordinance shall, in so far as he has priority as against any other mortgagee, be entitled to be paid so much of any compensation as is required to discharge his mortgage debt including any interest thereon. (Amended L.N. 180 of 1985; 29 of 1998 s. 105) (2) If compensation is payable under this Ordinance otherwise than for land resumed or if the land to which compensation relates is part only of the mortgage security a mortgagee shall, in so far as he has priority as against any other mortgagee, be entitled to be paid so much of the compensation as is necessary to reduce his mortgage debt to an amount which is adequately secured by the land or the remaining land as the case may be. (3) The payment of compensation, as required by subsections (1) and (2), shall be made in accordance with the written agreement of the claimant and every mortgagee of the land or failing such agreement in accordance with an order of the High Court under subsection (4). (4) The claimant or any mortgagee may apply to the High Court for an order as to the payment of unpaid compensation and on any such application the Court may make such order as it thinks just and equitable having regard to the requirements of subsections (1) and (2). (Amended 25 of 1998 s. 2) Cap 370 s 33 Interest Remarks: For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see section 13 of 6 of 2001. (1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs)- (Amended 6 of 2001 s. 9) (a) in the case of compensation payable under item 1 of Part II of the Schedule, as if the claim were made under the Lands Resumption Ordinance (Cap 124) for land resumed under that Ordinance; and (Amended 29 of 1998 s. 78) (b) in any other case, from such date and for such period as it thinks fit and, subject to subsection (2), at such rate as it may fix. (Amended 6 of 2001 s. 9)(2) The rate of interest fixed under subsection (1)(b)- (a) in respect of a working day must not be lower than the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on that day; and (b) in respect of a non-working day must not be lower than the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on the last working day before that day. (Added 6 of 2001 s. 9)(3) In this section- "non-working day" (非工作日) means a day that is not a working day; "note-issuing bank" (发钞银行) has the meaning assigned to it by section 2 of the Legal Tender Notes Issue Ordinance (Cap 65); "working day" (工作日) means any day other than- (a) a public holiday; or (b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1). (Added 6 of 2001 s. 9) Cap 370 s 34 Compensation payable out of general revenue All compensation (including any interest thereon) and all costs- (a) agreed to be paid to the claimant by the Secretary; or (b) awarded by the Lands Tribunal against the Crown,shall be paid out of the general revenue within 3 months of the agreement or final award, unless there is a dispute as to the person entitled to such compensation. Cap 370 s 35 Surrender of title documents |
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