STREETS (ALTERATION) ORDINANCE

STREETS (ALTERATION) ORDINANCE

CHAPTER 130.

STREETS (ALTERATION).

Toprovide for the closing, narrowing and diverting of streets, and
for the alteration of the levels of streets.

[5th October, 1923.1

1. T1iis Ordinance may be cited as the Streets (Alteration)
Ordinance.

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 aiid 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 aiid 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 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 disagreement 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 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. (1) 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 changes except as provided in
subsections (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 lias suffered damage by reason
of such closing, narrowing, diversion or alteration of level to apply for
compensation 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 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 made and the interest therein of the applicant.

(4) Every such application which complies - with the provisions of
subsection (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, (Chapter 130 of the Revised Edition) for
[here state the nature of the changes contentplated and the street to be affected].

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.

............. 1

Colonial Secretary.

Dated the day of 19 .
Originally 24 of 1923. Fraser 24 of 1923. 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 authorize works. Temporary changes.

Originally 24 of 1923. Fraser 24 of 1923. 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 authorize works. Temporary changes.

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