【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
第9页 CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
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[接上页] (3) Upon an application under subsection (2), the Lands Tribunal may, if it is satisfied as to the facts mentioned in subsection (1), make an order under section 13(1) in respect of the contiguous or adjacent land, whether or not it is within the works area. Cap 370 s 24 Obstruction Any person who wilfully obstructs any person lawfully exercising or performing any power, duty or function arising under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to imprisonment for 1 year. Cap 370 s 25 No right to compel or restrain PART III RIGHTS TO COMPENSATION AND CLAIMS PROCEDURE No person shall have any right against the Crown or any other person to restrain or compel anything authorized under this Ordinance. Cap 370 s 26 No recovery of money except under this Ordinance No person shall have any right against the Crown or any other person to recover any money- (a) in respect of any use authorized under this Ordinance; or (b) in respect of any works or anything else authorized under this Ordinance except to the extent of the rights to compensation provided for in section 27. Cap 370 s 27 Compensation (1) The compensation referred to in section 26 is the right to recover from the Crown for the matters set out in the first column of Part II of the Schedule a sum assessed on the basis specified opposite thereto in the second column thereof and with regard to the provisions of Part I of the Schedule, subject to- (a) the claim being served on the Secretary within the appropriate period specified in the fourth column of Part II of the Schedule; and (b) the other provisions of this Ordinance.(2) Every person who is described in the third column of Part II of the Schedule shall have the right to recover compensation for the matters set out opposite thereto in the first column to the extent suffered or incurred by him as assessed under this Ordinance. (3) The rights to compensation mentioned in the Schedule shall exist in addition to any benefit accruing to a claimant as a result of the implementation of any subsisting conditions imposed by the Governor in Council under section 11(2). Cap 370 s 28 Claims out of time (1) Subject to subsections (2) and (6), if a claim or an amendment thereto is not served on the Secretary before the expiration of the period specified in the fourth column of Part II of the Schedule in respect of that matter, the right to claim compensation therefor shall be barred. (Amended 81 of 1988 s. 5) (2) The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or after the expiry of that period, be extended in accordance with this section. (3) Notice of an application under subsection (2) shall be given to the Secretary by the applicant. (4) The Lands Tribunal may extend the period within which a claim must be served upon the Secretary if it considers that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than the relevant provision in the fourth column of Part II of the Schedule) or by any other reasonable cause or that the Crown is not materially prejudiced in the conduct of its case or otherwise by the delay. (5) An extension may be granted by the Lands Tribunal under subsection (4), with or without conditions for such period as it thinks fit but not in any case exceeding 6 years from the time when the right to compensation first arose. (6) Without prejudice to subsections (2) to (5), where an order has been made under section 13(1), 15(1) or 17(1) and notice of the order has not been served in accordance with section 14(1)(a), 16(1)(a) or 18(1)(a) respectively, the Secretary may, if satisfied that the claimant has not had actual notice of the order, accept service of a claim after the period specified in the fourth column of Part II of the Schedule for such service, and if he does so, the claim shall be deemed to have been served within that period. (Added 81 of 1988 s. 5) Cap 370 s 29 Claims procedure (1) Any person who claims to be entitled to compensation under this Ordinance shall serve upon the Secretary a written claim setting out such of the following particulars as are applicable to his claim- (a) the name of the claimant, and his address for service of notices; (b) a full description of the land to which the claim relates including any covenants, easements, rights or restrictions affecting the same; (c) the nature of the claimant's interest in the land including in the case of a sub-lessee or sub-tenant his landlord's name and address and details of the sub-lease or tenancy; (d) details of any mortgage, including the principal still owing and name and address of the mortgagee; (e) if the claimant has let the land or any part thereof, the name and address of each tenant and details of his lease or tenancy; (f) particulars of the claim showing- (i) the amount of the claim; (ii) under which item of Part II of the Schedule the claim is made; and |
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