【法规名称】
【法规编号】 79783 什么是编号？
【正 文】
第2页 CAP 127 FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE
|
[接上页] (a) decline to authorize the reclamation; (b) authorize the reclamation in part only and defer for further consideration at such future time as the Chief Executive in Council shall specify, any objection which relates to the remaining part of the reclamation not so authorized; or (c) authorize the whole of the reclamation. (Amended 17 of 1998 s. 2)(2) Where a reclamation is authorized under subsection (1)(b) or (c), the plan relating to such reclamation shall be subject to such modifications and conditions as the Chief Executive in Council thinks fit. (Amended 62 of 2000 s. 3) (Enacted 1985) Cap 127 s 9 Notice of authorization and invitation to claim for compensation Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) Where a reclamation is authorized under section 7, 8(1)(b) or 8(1)(c) notice thereof shall, at any time before the commencement of the reclamation, be- (a) served by the Director on every person who has made an objection under section 6; (b) published in one issue of the Gazette in both the Chinese and English languages; and (c) made available for inspection by the public free of charge at such offices of the Government as the Director may direct, during the hours when those offices are open to the public.(2) The notice referred to in subsection (1) shall- (a) describe the foreshore and sea-bed affected thereby; (b) be served by the Director and published either with a copy of the plan to which it relates prepared under section 3, or if modified by the Chief Executive in Council, with a copy of the plan as so modified, or state where and at what times a copy of any such plan may be inspected; (Amended 62 of 2000 s. 3) (c) state that any person who considers that he has an interest, right or easement in or over such foreshore and sea-bed that will be injuriously affected by the reclamation may deliver a written claim for compensation under section 12 for the injurious affection to the Director, before the expiry of such time being not less than 1 year from the date when it is published in the Gazette, as shall be specified in the notice.(3) A notice served by the Director and published under this section shall be deemed to be notice to every person who has an interest, right or easement in or over the foreshore and sea-bed so affected. (Enacted 1985) Cap 127 s 10 Extinguishment of rights upon publication of notice of authorization Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 (1) Subject to section 17, upon the publication of a notice of authorization in the Gazette under section 9(1)(b)- (a) all public and private rights in relation to the foreshore and sea-bed affected thereby shall be extinguished and cease to exist; and (b) no person shall have any right against the Government or any other person to compel or restrain anything authorized under section 7, 8(1)(b) or 8(1)(c). (Amended 62 of 2000 s. 3)(2) No action shall be brought or continued in respect of the extinguishment under subsection (1), in whole or in part, of any public or private right. (Enacted 1985) Cap 127 s 11 No claim for money except under this Ordinance Remarks: Adaptation amendments retroactively made - see 62 of 2000 s. 3 No person shall have any right against the Government or any other person to claim any money in respect of anything authorized under section 7, 8(1)(b) or 8(1)(c) except to the extent of the entitlement to claim compensation under section 12. (Enacted 1985. Amended 62 of 2000 s. 3) Cap 127 s 12 Claims for compensation (1) Any person who claims that his interest, right or easement in or over such foreshore and sea-bed will be injuriously affected by the reclamation may deliver to the Director a written claim stating the sum of money which he is willing to accept in full and final settlement of his claim together with such particulars as he may possess to substantiate the claim and shall furnish to the Director such accounts, documents and further particulars as the Director may request him to furnish, in support of the claim. (2) A claim under subsection (1) shall be made before the expiry of the time specified in the notice served by the Director and published under section 9(1) in respect of the reclamation. (3) Where any costs or remuneration are reasonably incurred or paid by a claimant in employing persons to act in a professional capacity in connection with a claim under subsection (1), such claim may include a claim for such costs or remuneration. (Enacted 1985) Cap 127 s 13 Settlement of claim (1) In relation to every reclamation the Director shall before the expiry of 6 months from the date when the written claim is delivered to him or, if he has requested further particulars under section 12(1), before the expiry of 6 months from the date when they are furnished under that section, consider whether or not the claimant is a person having an interest, right or easement in or over any foreshore and sea-bed that will be injuriously affected by the reclamation and shall serve notice on the claimant in writing stating that he- |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！