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[接上页] (2) At any time after an agreement under section 13(2) or a determination by the Lands Tribunal of the amount of compensation payable under this Ordinance, the Director may by notice published in the Gazette require the person entitled to the compensation to collect it by the date and at the place specified in the notice. (3) Subject to section 14(3), any sum of money payable as compensation by virtue of an agreement under section 13(2) or a determination of the Lands Tribunal under this Ordinance shall bear interest 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 specified in the notice published under subsection (2) of this section but no interest shall be payable in respect of the amount of any costs or remuneration. (4) Subject to subsection (4A), the rate of interest for the purposes of subsection (3) shall be such rate as the Lands Tribunal may fix. (Replaced 6 of 2001 s. 3) (4A) The rate of interest fixed under subsection (4)- (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)(5) If no claim is made for the payment out of the compensation money at the place and by the date specified in the notice published under subsection (2), the Director shall pay such money to the Director of Accounting Services. (6) The money paid to the Director of Accounting Services under subsection (5) or any part of it may, before the expiry of 5 years from the date specified in the notice published under subsection (2), be claimed by the person entitled thereto and upon such claim being substantiated shall be paid to the person so entitled. (7) On the expiry of the period of 5 years referred to in subsection (6) the money or such part of it as remains unpaid shall be transferred to the general revenue. (Enacted 1985) Cap 127 s 16 Payment when person entitled cannot be found, etc. When the person entitled to compensation is absent from Hong Kong or cannot be found or, before the expiry of 6 months from the date when the amount of compensation is agreed under section 13(2) or determined by the Lands Tribunal under this Ordinance, makes no claim to the same, or is in the opinion of the Director unable to give an effectual discharge for the same, the Director may direct that payment of the compensation shall be made to such other person on behalf of the person entitled as he shall think proper, subject to such conditions as he thinks fit, and the receipt of such other person shall be a valid and effectual discharge for the same in the same manner as if payment had been made to the person entitled. (Enacted 1985) Cap 127 s 17 Saving of rights of Government Remarks: Amendments retroactively made - see 29 of 1998 s. 105 Nothing in this Ordinance shall be deemed to be in derogation of any of the powers or rights of the Government in respect of the foreshore and sea-bed or of the waters of Hong Kong. (Enacted 1985. Amended 29 of 1998 s. 105) Cap 127 s 18 Service of notices by Director Any notice required to be served by the Director upon any person under this Ordinance may be served by serving a copy personally or by registered post addressed to the last known place of business or residence of the person to be served. (Enacted 1985) Cap 127 s 19 (Omitted as spent) (Omitted as spent) (Enacted 1985) Cap 127 s 20 Transitional (1) Notwithstanding the repeal of the Public Reclamations and Works Ordinance (Cap 113 1984 Ed.), that Ordinance shall continue to apply to any reclamation or proposed reclamation or other works of a public nature in respect of which a notice had been published under section 2 of that Ordinance before the commencement of this Ordinance. (2) Notwithstanding the repeal of the Foreshores and Sea Bed Ordinance (Cap 127 1984 Ed.), that Ordinance shall continue to apply to any Crown lease in respect of which a notice had been published under section 4 of that Ordinance before the commencement of this Ordinance. (3) Where immediately before the commencement of the Foreshore and Sea-bed (Reclamations) (Amendment) Ordinance 1998 (17 of 1998), a notice had been published under section 5 in respect of a proposed reclamation, the period of 9 months as specified in section 8(1) shall be calculated as from- (a) the commencement of that Ordinance; or (b) the expiry of the time for the making of objections under section 6, whichever is the later. (Added 17 of 1998 s. 3) (Enacted 1985) |