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 Cpuncil 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 An 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 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 intdrest therein of the objector.

5. Every such objection shall. be considered by the Governor
Council, and the pers6n objecting may be heard in its support
either himself or by his representative, and the Governor in
Council may uphold or disallow. the objection. and.'may if he
.disallows the objection award such compensation 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 dish reement the arbitrators shall
refer the matter to such one of the judges as umpire as the Chief
justice shall arrange.

(4) The award of the arbitrators or umpire, as the case may
As amended by Law Rev, Ord 1939, Supp. Sched.





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
authorizing the Director of Public Works to proceed with the
necessary works, and no injunction shall be granted prohibiting
the works so authorized 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 authorize the Director of Public Works to proceed with
the necessary works, and no injunction shall be granted
prohibiting the works so authorized 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-(i) Notwithstanding anything contained in this
Ordinance, the Governor may at any time by an order in writing
authorize 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 necessary in respect of any such temporary
changes so authorized, and no injunction shall be granted
prohibiting the works so authorized nor shall any action be
brought for damages in respect of the said works or changes,
nor shall any compensation be payable in respect of the said
works or. changesas provided in sub-sections (2), (3)
and (4).
(2) If any closing, narrowing, diversion or alteration of
level authorized 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 compensation in respect of
such damage.

As amended by Law Rev. Ord., 1939, Supp. Sched.

(3) Any such application shall be sent in writing to the
Colonial Secretary so as to reach his office not later than one
month after the cessation of such closing, narrowing or diversion
or, as the case may be, within one month after the restoration of
the former level, and shall state the reasons for the application and
shall specify the property with regard to which it is rnade and
the interest therein of the applicant.

(4) Every such application which complies with the
provisions of sub-section (3) shall, mutatis mutandis, 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.

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 nature of the changes contemplated and the street. to be aflected].
Any person objecting to the,proposed order must send his objection
in writing to the Colonial Secretary so as to reach the office of the
Colonial Secretary not 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., 1939.] Short title. Interpretation. Permanent chages 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 authorize works. Temporary changes.*

[Originally No. 24 of 1923. Law Rev. Ord., 1939.] Short title. Interpretation. Permanent chages 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 authorize works. Temporary changes.*

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