【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
第2页 CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
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[接上页] (3) No person shall have any right against the Crown or any other person to restrain or compel anything authorized under this section or to recover any money, under this Ordinance or otherwise, in respect of anything authorized under this section. Cap 370 s 5 Major works: The plan and the scheme Remarks: Amendments retroactively made - see 29 of 1998 s. 105 Where the Secretary proposes to execute works, other than under section 4, he shall cause to be prepared- (a) a plan delineating the works area, being that area within which land may be resumed, easements or other rights in, under or over land may be created or rights affected for the purposes of or incidental to the works or the use; and (b) a scheme, annexed to the plan, in which he shall- (i) describe the general nature of the works which he proposes to carry out and the use to which he intends the road will be put; (ii) describe the land which he proposes may be resumed under section 13; (iii) describe the land in, under or over which he proposes there may be created an easement or other permanent or temporary right under section 15 and indicate the nature of that easement or right; (iv) describe any road, Government foreshore or sea-bed in respect of which he proposes the Governor may exercise his powers under section 17 and describe the manner in which the road, foreshore or sea-bed will be affected; (Amended 29 of 1998 s. 105) (v) describe any land or building in respect of which he proposes he may exercise the powers under section 19 and describe the general nature of any operations which may be carried out; (vi) describe the nature of any apparatus in respect of which he proposes he may exercise the powers under section 20; (vii) describe the land or building in respect of which he proposes he may exercise the powers under section 21; and (viii) describe any land or building works in respect of which he proposes the Building Authority may exercise its powers under section 22. Cap 370 s 6 Inspection and survey (1) For the purposes of preparing a plan and scheme mentioned in section 5 or any amendment or any substitute plan or scheme and failing agreement with any person affected as to the grant of the powers required by the Secretary, the Secretary may, subject to subsection (2), enter any land or building at all reasonable times and may there- (a) make any inspection, site investigation or test, including drilling, excavating and the installation or removal of instruments; (b) survey and take levels; (c) set out any line of works.(2) The Secretary shall give at least 28 days notice of his intention to exercise the powers mentioned in subsection (1) and that notice- (a) shall describe the purpose of the entry; and (b) shall be served on the owner and occupier of the land or building.(3) Compensation shall be payable in respect of the exercise of the power mentioned in subsection (1) as it is payable under item 7 of Part II of the Schedule in respect of the exercise, of the power mentioned in section 19. Cap 370 s 7 Amendment of plan and scheme Any plan or scheme prepared for the purposes of section 5 and any marking or endorsement on any such plan may be amended and any plan or scheme may be replaced by a substitute plan or scheme but the Secretary shall as soon as practicable cause to be likewise amended, or replaced with the substitute, every copy referred to in section 8. Cap 370 s 8 Deposit and publication (1) A copy of the plan and scheme prepared for the purposes of section 5 or 7, signed by the Secretary, shall be deposited in the Land Registry and shall be available for inspection by the public free of charge at such offices of the Government as the Secretary may direct, during the hours when those offices are normally open to the public. (Amended 8 of 1993 s. 2) (2) The Secretary shall within 21 days of the deposit of a copy of a plan and scheme in the Land Registry or of any amendment to such copy or the deposit of a substitute plan and scheme cause a notice of such deposit or amendment to be published containing- (Amended 8 of 1993 s. 2) (a) a description of the general nature of the works or of the nature and extent of the amendment to the works; and (b) particulars of the places and times at which a copy of the plan and scheme, or details of the amendment or a copy of the substitute plan and scheme may be inspected by the public in conformity with subsection (1).(3) The notice mentioned in subsection (2) shall be published- (a) in 2 issues of the Gazette in both the Chinese and English languages; (b) in 2 issues of a Chinese language newspaper; (c) in 2 issues of an English language newspaper; and (d) by affixing copies in the Chinese and English languages in such prominent positions within the works area as may be appropriate for the purpose drawing the notice to the attention of the public.(4) The Secretary shall, by notice in writing, advise the District Board of the District in which the works are to be situated of the deposit of the plan and scheme under subsection (1) and, at the same time, supply that District Board with a copy of the plan and scheme. |
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