【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
第3页 CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
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[接上页] (5) A copy of the plan and scheme shall be supplied to any person on application and payment of the reasonable cost of producing that copy. Cap 370 s 9 Decision not to execute works Where the Secretary decides not to execute the works in respect of which a copy of a plan has been deposited under section 8, he shall, as soon as practicable, cause a notice to that effect to be published in the manner mentioned in section 8(3); and, upon that publication, the powers mentioned in section 6(1), 11(7), 13(1), 15(1), 17(1), 19(1), 20(1), 21(1), 22 or 23(1) shall cease to be exercisable in relation to those works: Provided that this section shall not affect anything lawfully done under this Ordinance before that publication or any rights (including rights to compensation) then accrued under this Ordinance in respect of the exercise of any of those powers. Cap 370 s 10 Objections (1) Any person may, by notice in writing delivered to the Secretary not later than 60 days after the first publication of the notice mentioned in section 8(2), object to the works or the use or both and may, where relevant, object to the exercise of the power of the Secretary under section 42(2). (2) A notice of objection shall describe the interest of the objector and the manner in which he alleges he will be affected by the works or the use. (3) An objection lodged under this section may be amended or withdrawn in writing at any time before the works and the scheme are considered under section 11; and, if withdrawn, shall be treated, for the purposes of section 11(1), as not having been lodged. Cap 370 s 11 Procedure after publication of plan and scheme (1) When the time for the lodging of objections has expired and where no objections have been lodged under section 10, the Secretary may execute the works; and the works and the use shall be authorized under this Ordinance. (1A) Subject to subsection (1), the Secretary shall not later than- (a) subject to paragraphs (b) and (c), 9 months after the expiration of the period for lodging objections under section 10(1); (b) subject to paragraph (c), where there is any amendment to the plan or scheme under section 7, 3 months after the expiration of the period for lodging objections under section 10(1) in respect of any such amendment or, where there is more than one amendment, the last of any such amendment; (c) such further period of not more than 6 months after the expiration of the period referred to in paragraph (a) or (b) (as the case may be) as the Chief Executive may, upon the application of the Secretary, allow having regard to the circumstances of the case,submit to the Chief Executive in Council for consideration the plan and scheme and any objections lodged under section 10(1). (Added 14 of 1998 s. 2) (1B) The Chief Executive in Council shall consider the plan and scheme submitted and any objections lodged under section 10(1). (Added 14 of 1998 s. 2) (2) The Chief Executive in Council, after considering the plan and scheme submitted and any objections lodged under section 10(1), may- (a) decline to authorize the works and the use; or (b) authorize the works and the use, with or without modification and subject to such conditions, as to the amelioration or avoidance of the effects of the works and the use or otherwise, as the Chief Executive in Council thinks fit. (Replaced 14 of 1998 s. 2)(3) Before exercising the power under subsection (2), the Governor in Council may refer the plan, the scheme and the objections to the Town Planning Board appointed under the Town Planning Ordinance (Cap 131) and the Board shall, whether or not the works are shown on any draft plan under that Ordinance- (a) exhibit and advertise the plan and scheme under section 5 of that Ordinance as if it were a draft plan; (b) consider the objections lodged under section 10 and any other objections received by the Board; as if all the objections were objections to a draft plan sent to the Board under section 6 of that Ordinance; (c) report to and advise the Governor in Council on the plan, the scheme and the objections as the Board thinks fit.(4) The Governor in Council may reconsider any plan and scheme and- (a) authorize the works and the use which the Governor in Council has previously declined to authorize; (b) remove or vary any modifications or conditions previously imposed.(5) The Governor in Council may, after the expiry of at least 28 days notice served on any person affected, amend any plan and scheme already considered and authorize the works and use in accordance with that amended plan and scheme. (6) Where any objection has been lodged under section 10, the Secretary may execute the works only to the extent authorized, and subject to any subsisting modifications or conditions imposed, by the Governor in Council. (7) Where any subsisting condition imposed by the Governor in Council under subsection (2)(b) requires anything to be done by the Secretary to ameliorate or avoid the effects of the works or the use- |
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