【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
第13页 CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
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[接上页] (a) the commencement of the amending Ordinance; or (b) the expiry of the time for the lodging of objections under section 10,whichever is the later. (Added 14 of 1998 s. 3) Cap 370 SCHEDULE [sections 27 & 28] PART I 1. General effect of this Part The provisions in this Part shall, where applicable, have effect for the purpose of assessing compensation under Part II of this Schedule and shall- (a) be in addition to such of the provisions of the Lands Resumption Ordinance (Cap 124) as apply, by virtue of Part II, to the assessment of compensation; and (Amended 29 of 1998 s. 78) (b) prevail over any provision referred to in sub-paragraph (a) which is inconsistent or in conflict with a provision in this Part. 2. Definitions applicable to Part II In this Schedule- "date of resumption" (收回日期) means the day on which land reverts to the Government or vests in The Financial Secretary Incorporated under section 13(3); (Amended L.N. 180 of 1985; 29 of 1998 s. 105) "disturbance" (骚扰) means the dispossession of a person of land or the interruption of or interference with a trade or business, whether such dispossession, interruption or interference is temporary or permanent; "disturbance payment" (骚扰补偿金) means a sum equal to- (a) the expenditure and loss of money actually and reasonably incurred or to be reasonably incurred and arising from the dispossession of a person of land by reason of the matter for which the claimant is entitled to claim compensation under Part II of the Schedule; and (b) in the case of disturbance of a trade or business on any land, the expenditure and loss of money actually and reasonably incurred or to be reasonably incurred and arising from the disturbance of that trade or business by reason of the matter for which the claimant is entitled to claim compensation under Part II of the Schedule:Provided that a disturbance payment shall not include any expenditure or loss which would not be recoverable, on the grounds that the expenditure or loss was too remote or was not caused by the disturbance, if that disturbance were a tort;"open market value" (公开市场价值) means the amount which the land, if sold in the open market by a willing seller, might reasonably be expected to realize. 3. Fluctuations in value of land Subject to paragraphs 8 and 10, where the open market value of any land is relevant for the purposes of assessing compensation under this Ordinance, no account shall be taken of any increase or decrease in that value which is attributable to anything done or proposed to be done under this Ordinance or to the use. 4. Disturbance payments (1) For the purposes of assessing the amount to be awarded to a claimant in respect of a disturbance payment, the Lands Tribunal shall, in respect of any expenditure or loss to be incurred and in respect of which the claimant is entitled under this Ordinance to be compensated, assess the value of that expenditure or loss at the time of the award as if that expenditure or loss formed part of a claim for damages in tort. (2) No disturbance payment shall be payable in respect of any interference with a trade or business in any case in which such interference does not subsist for a period exceeding 14 days. 5. Unlawful building works Compensation may be reduced so far as may be just and equitable in respect of any building or part thereof which has been constructed or modified, or on which building works have been carried out, so as to amount to a contravention of the Buildings Ordinance (Cap 123) being a contravention within the meaning of that Ordinance or to a contravention of a Government lease or other instrument under which land built upon is held. (Amended 29 of 1998 s. 105) 6. Compensation where damage results only partly from the works The compensation assessed under item 6 or 7 of Part II of this Schedule shall be reduced to such extent as may be just and equitable having regard to the share in the responsibility for the loss or damage not reasonably attributable to or connected with the works. 7. No compensation under item 8 for loss of advertising Where a sign advertising any business, product, service or activity is removed under section 21, nothing in item 8 of Part II of this Schedule shall be construed as conferring upon any person a right to compensation for the loss of any benefit w |
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