【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
第5页 CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
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[接上页] (a) describe the land to be resumed and state that an order has been made under section 13(1) in respect thereof; (b) state where and at what times a copy of the order and, where appropriate, a plan of the land may be inspected in pursuance of subsection (1)(c); (c) state the day on which the notice was affixed on or near the land; (d) state the period of notice specified by the Governor under section 13(2); (e) declare that upon the expiry of that period the land described in the notice shall by virtue of section 13(3) revert to the Government or vest in The Financial Secretary Incorporated, as the case may require, for the purposes of or incidental to the works or the use; and (Amended L.N. 180 of 1985; 29 of 1998 s. 105) (f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Secretary.(3) Where an order has been made under section 13(1) in respect of land which was, when the order was made, a road, subsection (1)(a) of this section shall not apply. (Added 81 of 1988 s. 2) Cap 370 s 15 Governor may order creation of easements and other rights Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) The Governor may by order direct that easements or other permanent rights in, under or over land and rights of temporary occupation of land in the works area which easements and rights were proposed in the scheme mentioned in section 5 shall be created in favour of the Government for the purposes of or incidental to the works or the use. (Amended 29 of 1998 s. 105) (2) An order under subsection (1) shall specify the period of notice to be given under section 16(2) which period shall run from the day on which notice of creation of an easement or right is affixed to the land under that subsection and shall in no case expire earlier than 28 days from that day. (3) An order made under subsection (1) may contain such consequential and incidental provisions as appear to the Governor to be necessary or expedient for the purposes of the order including in particular provisions for authorizing persons to enter upon land or buildings in accordance with subsection (5) for the purpose of carrying out any operations or installing, maintaining or removing any structures or apparatus. (4) Unless the Governor has previously revoked the order made under subsection (1), upon the expiry of the period specified under subsection (2) the easement or right shall be created in favour of the Government and the benefits and obligations thereof and of all consequential and incidental provisions made under subsection (3) shall be of full force and effect against all persons having any estate, right, share or interest in the land without any consent, grant or conveyance. (Amended 29 of 1998 s. 105) (5) No person shall, in the exercise of any power of entry referred to in subsection (3), enter upon any land which is occupied without giving at least 28 days' notice of his intention so to do unless the Secretary is of the opinion that an emergency exists which necessitates immediate entry. (6) Notice under subsection (5) shall be served on the owner and the occupier of the land. (7) The ownership of any thing shall not be altered by reason only that it is placed in or under or affixed to any land in exercise of the rights and powers arising from or incidental to an easement or right created under this section. (8) The Secretary shall, as soon as practicable after an easement or other permanent right has been created in favour of the Government under subsection (4), cause the creation of such easement to be noted in the register of the land kept in the Land Registry. (Amended 8 of 1993 s. 2; 29 of 1998 s. 105) Cap 370 s 16 Notices of creation of easements or other rights Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) Subject to subsection (3), notice of creation of an easement or right by order made under section 15(1) shall be- (Amended 81 of 1988 s. 3) (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 creation of an easement or right shall- (a) describe the land and the easement or right and state that an order creating the easement or right has been made under section 15(1); (b) state where and at what times a copy of the order and a plan of the land affected by the easement or right may be inspected in pursuance of subsection (1)(c); |
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