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[接上页] (a) anything done by the Secretary in compliance with that condition shall be part of the works; (b) the Secretary may enter any land or building, after giving at least 28 days notice to the owner and the occupier, and do what is required to be done to comply with that condition; and (c) the condition shall be deemed to have been met if the condition is met in respect of all the persons for whose benefit the condition was imposed other than those who waive compliance in writing.(8) The notice mentioned in subsection (7)(b) shall- (a) describe the purpose of the entry; and (b) be served on the owner and occupier.(9) Where- (a) the Secretary proposes to execute the works under subsection (1); or (b) the Governor in Council has declined to authorize the works and the use; or (c) the Governor in Council has authorized the works and the use; or (d) the Governor in Council imposes any modifications or conditions when authorizing the works and the use; or (e) any modification or condition previously imposed is removed or varied,that fact shall be published in the manner mentioned in section 8(3). Cap 370 s 12 Exercise of powers Where the Secretary proceeds with the works under section 11(1) or the Governor in Council authorizes the works under section 11(2), 11(4) or 11(5), then, subject to the terms of the scheme considered or amended by the Governor in Council and to any subsisting modification or condition imposed by the Governor in Council, the powers mentioned in section 11(7), 13(1), 15(1), 17(1), 19(1), 20(1), 21(1), 22 or 23(1) may be exercised for the purposes of or incidental to the works or the use. Cap 370 s 13 Governor may order resumption of land (1) The Governor may by order direct that any land proposed for resumption in the scheme mentioned in section 5 shall be resumed for the purposes of or incidental to the works or the use. (2) An order made under subsection (1) shall specify the period of notice to be given under section 14(2) which period shall- (a) run from the day on which notice of resumption is affixed on or near the land under that section and in no case expire earlier than 28 days from that day; and (b) prevail over any other period of notice of resumption (whether shorter or longer) provided for by the Government lease or other instrument under which the land is held. (Amended 29 of 1998 s. 77)(3) Unless the Governor has previously revoked the order made under subsection (1), the resumption of the land described in the order shall be effective upon expiration of the period of notice specified in the order and, thereupon, that land shall- (a) where it is an undivided share in land, vest in The Financial Secretary Incorporated together with such rights to the use and occupation of any building or part thereof as may be appurtenant to the ownership of that share; and (Amended L.N. 180 of 1985) (b) in all other cases, revert to the Government, (Amended 29 of 1998 s. 77)but in either case the land shall vest or revert without any conveyance and free of all mortgages, charges, claims, estates, easements, rights or interests of any kind in favour of any person. (4) The ownership of any apparatus belonging to an owner or supplier of gas, electricity, water or telecommunications services and situated in, under or over any land shall not be altered by reason only of the vesting or reversion of that land under subsection (3). (Amended 36 of 2000 s. 28) (5) The Secretary shall, as soon as practicable after land has vested in The Financial Secretary Incorporated or reverted to the Government under subsection (3), cause such vesting or reversion to be noted in the register of the land kept in the Land Registry. (Amended L.N. 180 of 1985; 8 of 1993 s. 2; 29 of 1998 s. 77) (6) Upon the vesting under subsection (3)(a) of an undivided share in land in The Financial Secretary Incorporated such share, together with any part of a building the exclusive use and occupation of which is appurtenant to ownership of such share, shall be deemed to be unleased land for the purposes of section 6 of the Land (Miscellaneous Provisions) Ordinance (Cap 28). (Amended L.N. 180 of 1985; 29 of 1998 s. 77) Cap 370 s 14 Notices of resumption of land Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) Subject to subsection (3), notice of resumption by order made under section 13(1) shall be- (Amended 81 of 1988 s. 2) (a) served on every person known to the Secretary as having any estate, right, share or interest in the land mentioned in the order; (b) published- (i) in one issue of the Gazette in both the Chinese and English languages; (ii) in one issue of a Chinese language newspaper; (iii) in one issue of an English language newspaper; and (iv) by affixing a copy in the Chinese and English languages in a prominent position on or near the land mentioned in the order; and(c) made 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.(2) A notice of resumption shall- |