【法规名称】
【法规编号】 79779 什么是编号？
【正 文】
第3页 CAP 357 ELECTRICITY NETWORKS (STATUTORY EASEMENTS) ORDINANCE
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[接上页] Cap 357 s 9 Restrictions on exercise of rights under section 4 or 8 (1) Subject to this section, a power company shall, before exercising any right conferred by section 4 or 8 in respect of any land, serve notice of its intention to do so on the owner of the land; and for the purposes of this section notice shall be deemed to have been duly served on the owner of land if, but only if- (a) it is delivered to him; or (b) it is sent by registered post addressed to him at his last postal address known to the power company; or (c) where the owner is not known or cannot be found or for any reason it is not practicable to serve the notice in accordance with paragraph (a) or (b), it is published- (i) in the Gazette; and (ii) in 2 Chinese language newspapers and an English language newspaper,not less than 30 days prior to the exercise of such right: Provided that in the case of emergency, a power company intending to exercise any such right in respect of any land may notify the owner of such land of its intention in such manner as the power company may deem practicable in the circumstances of the case, and subsections (2), (3) and (4) shall not apply to such case. (2) Where the owner of any land on whom notice is served by a power company under subsection (1) wishes to object to the exercise by the power company of any rights to which the notice refers, he shall, before the expiration of the period of such notice, notify the power company in writing of his objection and the grounds thereof, and the power company shall, unless the objection is sooner withdrawn or resolved, deliver particulars in writing thereof to the Secretary for Housing, Planning and Lands not later than 14 days after the expiration of such period. (3) Where particulars of any objection are delivered to the Secretary for Housing, Planning and Lands under subsection (2), he may direct a public officer to attend, within a period of not more than 30 days after the date of delivery of such particulars, on the owner by whom the objection is made and the power company, respectively, and to receive and record any representations as to the matters in dispute put forward by the owner or the power company, as the case may be, and to submit a report in respect thereof for the consideration of the Secretary for Housing, Planning and Lands. (4) The Secretary for Housing, Planning and Lands shall consider any objection of which particulars are delivered to him under subsection (2) and any report directed to be submitted to him under subsection (3) in respect thereof, and shall give such directions to the power company relating to the exercise by the power company of any rights to which the objection relates as he may deem proper having regard to the public interest and shall give notice of such directions to the owner concerned; and it shall be the duty of the power company and the owner to comply with such directions. (Amended L.N. 245 of 1981; L.N. 244 of 1989; L.N. 330 of 1999; L.N. 106 of 2002) Cap 357 s 10 Compensation for diminution of value of land Remarks: Adaptation amendments retroactively made - see 29 of 1998 s. 71 (1) Where an order made under this Ordinance affecting any land is registered by a power company under the Land Registration Ordinance (Cap 128), the company shall be liable to pay compensation to the person who, at the date of registration of the order, is the owner of the land in respect of any diminution of the value of his estate or interest therein attributable to the registration of the order. (2) Any person claiming to be entitled to be paid compensation by a power company under this section in respect of any land may, not later than 12 months after the date of registration of an order made under this Ordinance affecting such land, deliver particulars of the claim in writing to the company. (3) If, within a period of 28 days after the delivery of the particulars of any claim to a power company under this section, the claimant and the company fail to reach agreement in respect of the company's liability, if any, under this section, the claimant may, not later than 60 days after the expiration of that period, submit the claim to the Lands Tribunal for determination. (4) The Lands Tribunal shall have jurisdiction to determine the amount of compensation, if any, payable in the case of any claim submitted to the Tribunal under this section; and in the application of the Lands Tribunal Ordinance (Cap 17) to any such determination, section 11(1) of that Ordinance shall have effect as if for paragraphs (a) and (b) thereof there were substituted the words "the amount of compensation payable in the case of any claim submitted to it under section 10 of the Electricity Networks (Statutory Easements) Ordinance (Cap 357)". (5) In the determination of the amount of compensation, if any, payable under this section, no compensation shall be given in respect of- (a) any expectancy or probability of the grant or renewal or continuance by the Government or any person of any licence, permission, lease or permit whatsoever; |
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