STREETS (ALTERATION) ORDINANCE, 1923

STREETS (ALTERATION) ORDINANCE, 1923

No. 24 of 1923.
An Ordinance to provide for the closing, narrowing and
diverting of streets, and for the alteration of the levels
of streets.
[5th October, 1923.]

1. This Ordinance may be cited as the Streets (Alteration)
Ordinance, 1923.

2. In this ordinance street includes every public
bridge, and every highway, road, lane, footway' square, court,
alley, or passage, whether a thoroughfare or not, which is on
unleased Crown land.

3. If, in the Opinion of the Governor In Council, it appears
to be expedient to close, narrow, divert, or alter the level of,
any street, or any portion thereof, either permanently or for
an indefinite period, a notice in the form in the Schedule
shall be published in three successive issues of the Gazette,





and a copy of the said notice, and a translation thereof in s
Chinese, shall be posted up for a period of three weeks in a
prominent position in or near the said street, or the portion
thereof which it is proposed to affect.

4. if any owner or occupier of property in the immediate
vicinity of such street objects to such closing, narrowing,

diversion, or alteration of level, such objection shall be sent
in writing to the Colonial Secretary so as to reach his office
not later than one week after the publication of the last of
the aforesaid notifications in the Gazette.. Such objection
shall state the reasons therefor, and shall also specify the
property with regard to which it is made and the interest
therein of the objector.

5. Every such objection shall be considered by the
Governor in Council, and the person objecting may be heard
in its support either himself or by his representative, and
the Governor in Couuell may uphold or disallow the objection,
and may, if he disallows the objection, award such compensa-
tion as he may deem just in respect of the works proposed
to be carried out.

6. If any such objection is disallowed and the Governor
in Council refuses to award compensation, or if the person
objecting is dissatisfied with the compensation awarded, the
matter shall be referred to arbitration and determined in the
manner hereinafter provided.

7.-(1) Two arbitrators shall be appointed, one by the
Governor and the other by the person objecting.

(2) The arbitrators shall determine whether any, and, if
so, how much, compensation is to be paid.

(3) In the event of their disagreement, the arbitrators
shall refer the matter to the Puisne Judge as umpire.

(4) The award of the arbitrators or unipire, as the case
way be, shall be final and conclusive and shall be forwarded
in writing to the Colonial Secretary.

8. Any compensation -awarded shall be paid out of the
public revenue.





9. If no objection is duly received in accordance with the
provisions of section 4, or if every objection received is
disallowed it shall be lawful for the Governor forthwith to
make an order authorising the Director of Public Works to
proceed with the necessary works, and no injunction shall
be granted prohibiting the works so authorised, nor shall
any action be brought for damages in respect of the said
works or in respect of the said closing, narrowing, diversion
or alteration of level.

10. Subject to the provisions of this Ordinance as to
compensation, the Governor may at any time by an order
in writing authorise the Director of Public works to proceed
with the necessary works, and no injunction shall be granted
prohibiting the works so authorised, nor shall any action be
brought for damages in respect of the said works or in
respect of the said closing, narrowing, diversion or alteration
of level.

11.-(1) -Notwithstanding anything contained in this
Ordinance, the Governor may at any time by an order in
writing authorise the Director of Public Works temporarily
to close, narrow or divert any street or any portion thereof,
or to alter the level of any street or of any portion thereof,
and to proceed with the necessary works, and no notice or
order under this Ordinance shall be necessarv in respect of
any such temporary changes so authorised, and no injunction
shall be granted prohibiting the works so authorised, nor
shall any action be brought for damages in respect of the
said works or changes, nor shall any compensation be pay-
able in respect of the said works or changes except as
provided in sub-sections (2), (3) and (4).

(2) If any closing, narrowing, diversion or alteration of
level, authorised under this section, continues for a longer
period than six months, it shall be lawful for any owner or
occupier of property in the immediate vicinity who alleges
that he has suffered damage by reason of such closing,
narrowing, diversion, or alteration of level, to apply for com-
pensation in respect of such damage.

(3) Any such application shall be sent in writing to the
Colonial Secretary. so as to reach his office not later than one
month afterthe cessation of such closing, narrowing, or, as
the case may be, within one mouth after the restoration of

the former level, and shall state the reasons for the applica-
tion, and shall specify the property with regard to which it
is made and the interest therein of the applicant.

(4) Every such application which complies with the
provisions of sub-section (3) shall, mutatis mutandlis, be dealt
with in the manner provided in sections 5, 6, 7 and 8 for
dealing with objections to permanent changes or changes
for an indefinite period.

[s. 12, rep. Law Revision Ordinance, 1924.]

SCHEDULE. [s. .3.]

Notice is hereby given that the Governor proposes to make an order
under the Streets (Alteration) Ordinance, 1923, for (here state the nalure,
of the changes contemplated and the street to be affected.

Any person objecting to the proposed order rnnst send his objection in
writing to the Colonial Secretnry so as to reach the office of the Colonial

Secretary Dot later than the .........day of 19

Such objection must state the reasons therefor and specify the property
with regard to the ownership or occupation of which such objection is
made and the interest therein of the objector.
...................................................................
...................Colonial Secretary.
Dated the .........day of 19
[Originally No. 24 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Permanent changes and changes for an indefinite period: notice of proposed order. Schedule. Owner or occupier to send objection in writing. Objection to be considered by Governor in Council. Reference to arbitration. Appointment of arbitrators. Compensation. Making of order. Governor may authorise works. Temporary changes.

[Originally No. 24 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Permanent changes and changes for an indefinite period: notice of proposed order. Schedule. Owner or occupier to send objection in writing. Objection to be considered by Governor in Council. Reference to arbitration. Appointment of arbitrators. Compensation. Making of order. Governor may authorise works. Temporary changes.

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