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[接上页] (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 15(2); (e) declare that upon the expiry of that period the easement or right described in the notice shall by virtue of section 15(4) be created in favour of the Government for the purposes of or incidental to the works or the use; and (Amended 29 of 1998 s. 105) (f) state that any person having a compensatable interest under this Ordinance may serve a written claim upon the Secretary.(3) Where an order has been made under section 15(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. 3) Cap 370 s 17 Closure of roads etc. Remarks: Amendments retroactively made - see 29 of 1998 s. 105 (1) The Governor may, for the purposes of or incidental to the works or the use, in relation to any road, Government foreshore or sea-bed described in the scheme mentioned in section 5, by order- (a) direct that the road or part thereof shall be closed; (Replaced 8 of 1987 s. 2) (b) direct that the Government foreshore or sea-bed shall be reclaimed; (Replaced 8 of 1987 s. 2) (c) declare that, or the extent to which, and the time at, or duration for which, any public or private right in, upon, under or over the road, Government foreshore or sea-bed shall be extinguished, modified or restricted.(2) Where an order is made under subsection (1) every public and private right in, upon, under or over the road, Government foreshore or sea-bed affected by the order shall be extinguished, modified or restricted according to the provisions in that behalf made in the order. (3) This section shall not affect the provisions of the Road Traffic Ordinance (Cap 374) relating to the closure of roads. (Amended 29 of 1998 s. 105) Cap 370 s 18 Notices of orders made under section 17 (1) Subject to subsection (3), notice of an order made under section 17(1) in respect of any road, foreshore or sea-bed shall be- (Amended 81 of 1988 s. 4) (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) The notice referred to in subsection (1) shall- (a) state that an order has been made under section 17(1) and describe the area of the road, foreshore or sea-bed affected thereby and the manner in which it will be affected; (b) describe briefly any works to be carried out; (c) state where and at what times a copy of the order and a plan of the affected area of the road, foreshore or sea-bed may be inspected pursuant to subsection (1)(c); (d) state the day on which the notice was affixed on or near the land; and (e) state that any person having a compensatable interest under this Ordinance may serve a written claim upon the Secretary.(3) Where an order has been made under section 17(1) in respect of a road, subsection (1)(a) of this section shall not apply. (Added 81 of 1988 s. 4) Cap 370 s 19 Inspection and preventive and remedial works on land and buildings (1) Failing agreement with any person affected as to the grant of the powers required by the Secretary, the Secretary may enter any land or building described in the scheme mentioned in section 5 and situate wholly or partly within the works area or wholly or partly within 70 metres thereof for the purpose of- (a) making any inspection, valuation, site investigation or test, including drilling, excavation or the installation or removal of instruments; (b) surveying or taking levels; (c) setting out any line of works,in connexion with the works, the use, an assessment of the value of any land, building or other property or in order to ascertain the condition of the land or building; and the Secretary may also enter any such land or building and carry out, at the cost of the Crown, all reasonably necessary operations of a preventive or remedial nature. (2) No person shall, for the purposes of subsection (1), enter any land or building 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. (3) A notice of entry referred to in subsection (2)- (a) shall describe the purpose of the entry and the nature of any operations to be carried out; and (b) shall be served on the owner and the occupier of the land or building.(4) In subsection (1) "operations of a preventive or remedial nature" (属预防或补救性质的作业) means the underpinning or strengthening of any land or building and other work thereon intended to render it reasonably safe or to repair or detect damage caused by the works or the use. |