【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
第12页 CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
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[接上页] The Secretary may require any claimant to whom compensation is payable for land resumed under this Ordinance to surrender his documents of title to the Secretary as a condition of payment being made; and in any case where the documents of title relate also to land not resumed, the Secretary shall return them to the claimant after the resumption has been noted in the register of the land kept in the Land Registry. (Amended 8 of 1993 s. 2) Cap 370 s 36 Certain statements to be conclusive evidence PART V MISCELLANEOUS Where it is stated- (a) in any order under section 13(1), 15(1) or 17(1) respectively that- (i) the resumption of land; (ii) the creation of an easement or other right; or (iii) the closure, reclamation, extinction, modification or restriction, is ordered or declared for the purposes of or incidental to the works or the use; or (Amended 8 of 1987 s. 3)(b) in a notice under section 19, 20 or 21 that the entry or the work therein described or required to be carried out is, in the opinion of the Secretary, in connexion with the works, the use, an assessment of the value of any land, building or other property or in order to ascertain the condition of the land or building or necessary or required for the works or the use; or (c) by the Secretary that- (i) any works are minor in respect of any physical or structural operations involved; or (ii) a road does not serve any useful purpose or does not serve any lawful purpose,then such statement shall be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact so stated. Cap 370 s 37 Disposal of lands and easements Remarks: Amendments retroactively made - see 29 of 1998 s. 105 Any land resumed or any Government foreshore or sea-bed reclaimed or any easement or other right created under this Ordinance and any land which becomes vested in The Financial Secretary Incorporated may be used in such manner as the Government or The Financial Secretary Incorporated thinks fit and may be disposed of to any person by any means and on any terms whatsoever: (Amended L.N. 180 of 1985) Provided that, before disposing of any land resumed under this Ordinance to any other person, the Government shall give proper consideration to offering that land back to the person from whom it was resumed. (Amended 29 of 1998 s. 105) Cap 370 s 38 Certain Ordinances not to apply Remarks: Amendments retroactively made - see 29 of 1998 s. 78 Except to the extent that provision is otherwise made in this Ordinance- (a) the Lands Resumption Ordinance (Cap 124) shall not apply to the resumption of any land ordered under section 13 nor to any claim for or determination, award or payment of compensation for such resumption; (Amended 29 of 1998 s. 78) (b) the Foreshore and Sea-bed (Reclamations) Ordinance (Cap 127) shall not apply to an order made under section 17(1) nor to the implementation or effects thereof; and (Amended 63 of 1985 s. 21) (c) the Buildings Ordinance (Cap 123) shall not apply to the works or use for the purpose of giving rise to any claim for compensation. Cap 370 s 39 (Spent) (Spent) Cap 370 s 40 (Spent) (Spent) Cap 370 s 41 (Spent) (Spent) Cap 370 s 42 Transitional (1) Notwithstanding the repeal of the Streets (Alteration) Ordinance (Cap 130, 1974 Ed.) and subject to subsection (2) of this section, that Ordinance shall continue to apply to any works included in an undertaking in respect of which a notice has been published under section 3 of that Ordinance. (2) Notwithstanding anything done under section 3 of the repealed Streets (Alteration) Ordinance (Cap 130, 1974 Ed.) and subject to subsection (3) of this section, the Secretary for Transport may cease to act under that Ordinance and act under section 4 or 5 of this Ordinance in relation to any works if, and only if, no authority has been given under section 6 of that Ordinance in respect of any undertaking which includes those works. (Amended L.N. 106 of 2002) (3) Where an undertaking which has been authorized under section 6 of the repealed Streets (Alteration) Ordinance (Cap 130, 1974 Ed.) is abandoned and the Secretary for Transport proposes to carry out any works in place of and substantially different to the abandoned undertaking, he may act under section 4 or 5 of this Ordinance in relation to those works. (Amended L.N. 106 of 2002) (4) Where, under subsection (2) or (3) of this section, the Secretary for Transport acts under section 4 or 5 of this Ordinance in relation to any works, this Ordinance shall apply to those works; and no person shall have any right against the Crown or any other person in relation to those works except under this Ordinance. (Amended L.N. 106 of 2002) (5) (Repealed 51 of 1982 s. 2) (6) Where immediately before the commencement of the Roads (Works, Use and Compensation) (Amendment) Ordinance 1998 (14 of 1998) ("the amending Ordinance"), a notice had been published under section 8 in respect of any plan and scheme, the periods specified in section 11(1A)(a) and (b) respectively shall be calculated as from- |
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