【法规名称】
【法规编号】 79783 什么是编号？
【正 文】
第3页 CAP 127 FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE
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[接上页] (a) admits the whole claim; or (b) rejects the whole claim; or (c) admits a specified part and rejects the remainder,and shall where he rejects the whole claim, or admits a specified part and rejects the remainder, as the case may be, give an adequate statement of his reasons for the rejection. (2) If the Director admits the whole claim, or admits a specified part and rejects the remainder, he may agree with the claimant as to the amount of compensation to be paid to the claimant in full and final settlement of the whole claim or a specified part, as the case may be. (3) Where- (a) the Director rejects the claim in whole or in part; or (b) after the expiry of 7 months from the date when the written claim is delivered to the Director or, if he has requested further particulars under section 12(1), after the expiry of 7 months from the date when they are furnished under that section, the Director and the claimant do not agree as to the amount of compensation,the Director or the claimant may refer the claim to the Lands Tribunal to determine in accordance with this Ordinance and the Lands Tribunal Ordinance (Cap 17), the amount of compensation to be paid. (4) In determining a claim referred to it under subsection (3) in respect of a reclamation, the Lands Tribunal shall- (a) hear any evidence which the Director or the claimant may wish to tender and, if so requested, hear counsel or a solicitor on behalf of the party making the request; and (b) determine the amount of compensation payable by the Government to the claimant in respect of any interest, right or easement of the claimant in or over any foreshore or sea-bed injuriously affected by the reclamation in full and final settlement of the claim.(5) Notice of a reference under subsection (3) shall be served by the Director or the claimant, as the case may be, on the other party to the proceedings, before the expiry of 7 days from the date when it is referred. (6) A claim shall not be referred to the Lands Tribunal under subsection (3), unless it is referred before the expiry of 1 year from the date of the notice served under subsection (1) or within such longer period as the Lands Tribunal may in any case allow, but the total period for the purposes of this subsection shall not exceed 6 years from that date. (Enacted 1985) Cap 127 s 14 Provisional payment pending determination of compensation Remarks: For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see section 13 of 6 of 2001. (1) The Director may, pending the determination by the Lands Tribunal of the compensation payable under this Ordinance, pay- (a) an amount as a provisional payment of the amount payable by virtue of such determination; and (b) interest on any payment made under paragraph (a), for the period from the date of publication of the notice of authorization in the Gazette under section 9(1)(b) relating to the reclamation in question, until the date on which the payment is made, calculated on a daily basis according to subsection (1A). (Amended 6 of 2001 s. 3)(1A) For the purposes of subsection (1)(b), the rate of interest paid- (a) in respect of a working day must not be lower than the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on that day; and (b) in respect of a non-working day must not be lower than the lowest of the interest rates paid on deposits at 24 hours' call by note-issuing banks at the close of business on the last working day before that day. (Added 6 of 2001 s. 3)(2) Any payment made by the Director under subsection (1) shall be without prejudice to the claim for compensation under this Ordinance or the submission under this Ordinance of the matter to the Lands Tribunal for determination of the amount of compensation to be paid, or the determination thereof by it under this Ordinance but the amount of compensation payable by virtue of such determination shall be reduced by the amount of such payment. (3) Where the amount of compensation payable by virtue of a determination of the Lands Tribunal under this Ordinance is reduced under subsection (2) by the amount of any payment made under subsection (1), such compensation shall not as from the date on which the payment is made, bear interest except on the amount thereof as so reduced. (4) Where the amount of any payment made by the Director under subsection (1) exceeds the amount of the compensation payable by virtue of a determination by the Lands Tribunal, the amount of the excess shall be recoverable by the Director as a civil debt. (Enacted 1985) Cap 127 s 15 Payment of compensation and interest Remarks: For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see section 13 of 6 of 2001. (1) All sums of money payable as compensation under this Ordinance together with interest thereon and all costs and remuneration awarded against the Government, shall be paid out of the general revenue. (Amended 62 of 2000 s. 3) |
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