LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE

LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE

LAWS OF HONG KONG

LAND ACQUISITION (POSSESSORY TITLE)

ORDINANCE

CHAPTER 130





CHAPTER 130

LAND ACQUISITION (POSSESSORY TITLE)

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ........................................................................... 2
2. Interpretation ....................... 2
3. Acquisition of land for a public purpose 3
4. Notices and plans ....................3
5. Vesting of land in the Crown, and right to enter and take possession 4
6. Claim of ownership of land acquired ..4
7. Entitlement to compensation and claims therefor 5
8. Rules for assessing compensation .....6
9. Provisional payment pending determination of compensation 7
10. Payment of compensation and interest 8
11. Payment when person entitled cannot be found, etc . 9
12. Barring actions against the Crown ...9
13. Evidence, notices, etc . ............9





CHAPTER 130

LAND ACQUISITION (POSSESSORY TITLE)

To provide for the acquisition of land, held under a possessory title by virtue of the
Limitation Ordinance (Cap. 347), required for public purposes, the
compensation for such acquisition, and for matters incidental thereto and
connected therewith.

[15 July 1983]

Originally 41 of 1983 - R. Ed, 1983, 64 of 1985, L.N. 94 of 1986, 2 of 1988

1. Short title

This Ordinance may be cited as the Land Acquisition (Possessory Title)

Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires

,,acquisition for a public purpose' includes

(a)acquisition of insanitary property for the purpose of securing the
erection of improved dwellings or buildings thereon or the sanitary
improvement of such property;

(b)acquisition of any land upon which any building is erected which, by
reason of its proximity to or contact with any other buildings,
seriously interferes with ventilation or otherwise makes or conduces
to make such other buildings to be in a condition unfit for human
habitation or dangerous or injurious to health;

(c)acquisition for any purpose connected with the naval, military or air
forces of the Crown, including the volunteer forces in Hong Kong;
and

(d)acquisition for any purpose of whatsoever description, whether
ejusdem generis with any of the above purposes or not, which the
Governor in Council may decide to be a public purpose;

,,acquisition order' means an acquisition order made under section 3(1) or (2);

'claim of ownership' means a claim of possessory title;

'compensation' means compensation under this Ordinance;

'date of vesting' means the date on which land acquired under this Ordinance vests
in the Crown under section 5;

'Director' means the Director of Buildings and Lands; (Amended L.N. 94 of 1986)





'land' means immovable property;
,,owner' means a person who has a possessory title to land;

'possessory title' means a possessory title against the Crown to land by virtue

of sections 7(1) and 17 of the Limitation Ordinance (Cap. 347).

3. Acquisition of land for a public purpose

(1) Whenever the Governor in Council decides that the acquisition of any land
is required for a public purpose, the Director may make an acquisition order for the
acquisition of it under this Ordinance if it appears to the Director that any person
claims, or may claim, that the land is held under a possessory title.

(2) Whenever the Governor in Council decides, under section 3 of the Crown
Lands Resumption Ordinance (Cap. 124), that the resumption of any land is required
for a public purpose, the Director may make an acquisition order for the acquisition
of that land or any part of it under this Ordinance if it appears to the Director that
any person claims, or may claim, that the land or that part is held under a possessory
title.

4. Notices and plans

(1) Where an acquisition order has been made in respect of any land, a notice
thereof

(a) shall be served by the Director

(i)on every person who appears to the Director to be a person
who may make a claim of ownership in respect of the land or any
part thereof, and

(ii)on every person who appears to the Director to be an occupier
of the land or any part thereof,

if such person can be found;

(b) shall be published by the Director

(i) in one issue of the Gazette in both the English and Chinese
languages;

(ii) in one issue of an English language newspaper;

(iii) in one issue of a Chinese language newspaper; and

(iv)by affixing a copy in the English and Chinese languages upon a
conspicuous part of the land; and

(c) shall be made available by the Director for inspection by the

public free of charge at such offices of the Government as the
Director may direct, during the hours when those offices are normally
open to the public.

(2) A notice under subsection (1) shall

(a) be in such form as the Director may from time to time determine;





(b)describe the land to be acquired and state that an acquisition order
has been made in respect thereof;

(c)state where and at what times a copy of the acquisition order and,
where appropriate, a plan of the land may be inspected in pursuance
of subsection (1)(c);

(d) state the day on which the notice was affixed upon the land;

(e)declare that the land described in the notice shall, on the expiration of
1 month from the date stated under paragraph (d) or on the expiration
of a longer period determined by the Director and stated in the
notice, by virtue of section 5 vest in the Crown and that every
interest, right or easement of any person in or over the land shall be
extinguished;

(f)state that every person making a claim of ownership to the land
described in the notice or to any part thereof, or claiming any interest,
right or easement in or over it, shall, in accordance with section 6(1),
submit to the Director a written notice of his claim together with such
evidence as he may possess to substantiate it, before the date of
vesting or within such further period, if any, as the Director may
permit.

(3) A notice served and published under this section shall be deemed to be
notice to every person who has a claim of ownership in respect of the land, and
every other person having any interest, right or easement in or over the land.

5. Vesting of land in the Crown, and right

to enter and take possession

Upon the expiry of the period stated under section 4(2)(e) in a notice under that
section, the land described in the notice, together with the right to enter upon and
take possession of it, shall vest in the Crown free of all interests, rights or easements
of any kind.

6. Claim of ownership of land acquired

(1) Where a person

(a) has a claim of ownership; or

(b) claims to have any interest, right or easement, in respect of land
described in the notice under section 4 or any part thereof, he shall, before the date
of vesting or within such further period as the Director may allow in any case,
submit to the Director written notice of his claim, together with such evidence as he
may possess to substantiate it.

(2) The Director may in his absolute discretion accept or reject a claim
submitted under subsection (1).

(3) If the Director





(a) rejects a claim submitted under subsection (1); or
(b)refuses to allow a further period beyond the date of vesting for
the submission of a claim under subsection (1),
the claimant may apply to the High Court for the determination of his claim
and in any such proceedings the Director shall be the defendant.
(4) An application under subsection (3) shall be made within 1 year from
the date of vesting or within such further period as the High Court may allow in
any case.

7. Entitlement to compensation and claims therefor

(1) Where-
(a)a claim by a person of ownership of any land, or to any right,
interest or easement in or over any land, that has been acquired
under this Ordinance, is accepted by the Director under sec-
tion 6(2); or
(b)the High Court, on application made under section 6(3), declares
that a person-
(i) was, immediately prior to the date of vesting, the owner,
within the meaning of this Ordinance, of any land that has
been acquired under this Ordinance;
(ii) had, immediately prior to the date of vesting, any interest,
right or easement in or over, any land that has been acquired
under this Ordinance,
that person shall be entitled to compensation.
(2) Any person who is entitled to compensation under subsection (1) may
submit his claim for compensation in a form specified by the Director and shall
furnish to the Director such accounts, documents and particulars as the
Director may reasonably require in support of the claim.
(3) A claim for compensation submitted under subsection (2) may include
a claim for any costs or remuneration reasonably incurred or paid by the owner
or person entitled to compensation in employing persons to act in a pro-
fessional capacity in connection with his claim to compensation.
(4) Where the Director and the person who has submitted a claim for
compensation under subsection (2) do not agree as to the amount of the
compensation (if any), either party may refer the claim to the Lands Tribunal
for determination, in accordance with this Ordinance and the Lands Tribunal
Ordinance (Cap. 17), of the amount of compensation (if any) to be paid.
(5) A reference under subsection (4) shall be made within 1 year from the
date of vesting or within such further period as the Lands Tribunal may allow
in any case, but the total period for the purposes of this subsection shall not
exceed 6 years from the date of vesting.





8. Rules for assessing compensation

(1) The Lands Tribunal shall determine the amount of compensation (if any)
payable in respect of a claim referred to it under section 7 on the basis of the loss or
damage suffered by the claimant due to the acquisition of the land specified in the
claim.

(2) The Lands Tribunal shall determine the compensation (if any) payable under
subsection (1) on the basis of

(a)the value of the land acquired together with any buildings erected
thereon at the date of vesting;

(b)the value of any interest, right or easement in or over the land
acquired, owned, held or enjoyed by the claimant at the date of
vesting;

(c)the amount of loss or damage suffered by the claimant due to the
severance of the land acquired or any building erected thereon from
any other land of the claimant, or building erected thereon,
contiguous or adjacent thereto;

(d)the amount of loss or damage to a business conducted by the
claimant at the date of vesting on the land acquired or in any building
erected thereon, due to the removal of the business from that land or
building as a result of the acquisition;

(e)the amount of any expenses reasonably incurred by the claimant in
moving from any premises owned or occupied by him on the land
acquired to, or in connection with the acquisition of, alternative land
or land and buildings, but excluding any amount to which paragraph
(d) applies.

(3) In the determination of the compensation (if any) payable under subsection
(1)

(a)no allowance shall be made on account of the acquisition being
compulsory;

(b)no account shall be taken of the fact that the land lies within or is
affected by any area, zone or district reserved or set apart for the
purposes specified in section 4(1)(a), (c), (d), (e) or (f) of the Town
Planning Ordinance(Cap. 131); (Amended 2 of 1988s. 8)

(c)subject to subsection (4), the value of the land acquired shall be
taken to be the amount which the land if sold in the open market by a
willing seller might be expected to realize.

(4) When any land is acquired, the Lands Tribunal in determining the
compensation (if any) payable under subsection (1) and in estimating the value of
the land acquired together with any buildings erected thereon, may

(a)take into consideration the nature and existing condition of the land
and the probable duration of the buildings in their existing state, and
the state of repair thereof, and





(b)decline to make any compensation for any addition to or
improvement of the land made after the date of publication in the
Gazette of the notice under section 4, or any notice of intended
resumption under the Crown Lands Resumption Ordinance
(Cap. 124) (unless such addition or improvement was necessary
for the maintenance of the property in a proper state of repair):
Provided that, in the case of any interest, right or easement acquired after
the date of such publication, no separate estimate of the value thereof shall be
made so as to increase the amount of compensation.
(5) The Lands Tribunal may also receive evidence to prove that-
(a)the rental of the buildings or premises was enhanced by reason of
the same being used as a brothel, or as a gaming house, or for
any illegal purpose;
(b)the buildings or premises are in such a condition as to be a
nuisance within the meaning of any Ordinance relating to
buildings or to public health, or are not in reasonably good
repair; or
(e)the buildings or premises are unfit, and not reasonably capable of
being made fit, for human habitation.
(6) If the Lands Tribunal is satisfied by such evidence, then the com-
pensation shall-
(a)in the first case, so far as it is based on rental, be based on the
rental which would have been obtainable if the buildings or
premises had not been occupied as a brothel, or as a gaming
house, or for an illegal purpose;
(b)in the second case, be the amount estimated as the value of the
buildings or premises if the nuisance had been abated or if they
had been put into reasonably good repair, after deducting the
estimated expense of abating the nuisance or putting them into
such repair, as the case may be; and
(c)in the third case, be the value of the land and of the materials of
the buildings thereon.

9. Provisional payment pending determination
of compensation

(1) The Director may, pending the determination by the Lands Tribunal
of the compensation (if any) payable under this Ordinance in respect of the
acquisition of any land, pay-
(a)an amount as a provisional payment of the amount (if any)
payable by virtue of such determination; and
(b)interest on any payment made under paragraph (a), for the
period from the date of vesting, until the date when the payment





is made, calculated having regard to the lowest rate payable from time
to time by members of The Hong Kong Association of Banks on time
deposits. (Amended 64 of 1985 s. 2)

(2) Any payment made by the Director under subsection (1) in respect of any
acquisition of land 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 (if any) to be paid, or the
determination thereof by it under this Ordinance; but the amount of compensation
payable by virtue of such determination in respect of the acquisition shall be
reduced by the amount of such payment. (Amended64 of 1985 s. 2)

(3) Where the amount of compensation payable by virtue of a determination of
the Lands Tribunal under this Ordinance in respect of any acquisition of land 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. (Replaced 64 of 1985 s. 2)

(4) Where the amount of any payment made by the Director under subsection
(1) in respect of any acquisition of land exceeds the amount of the compensation
payable by virtue of a determination by the Lands Tribunal under this Ordinance in
respect of such acquisition, the amount of the excess shall be recoverable by the
Director as a civil debt. (Amended64 of 1985 s.2)

10. Payment of compensation and interest

(1) All sums of money agreed or determined as compensation (together with
interest thereon as hereinafter mentioned), and all costs and remuneration awarded
against the Crown, shall be paid out of the general revenue.

(2) At any time after agreement or 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
within the time and at the place specified in the notice.

(3) Subject to section 9(3), any sum of money payable as compensation by
virtue of an agreement or determination of the Lands Tribunal under this Ordinance
shall bear interest from the date of vesting until the expiration of the time specified in
the notice published under subsection (2). No interest shall be payable on any costs
or remuneration.

(4) The rate of interest for the purposes of subsection (3) shall be such rate as
the Lands Tribunal may fix having regard to the lowest rate payable from time to time
by members of The Hong Kong Association of Banks on time deposits.





(5) If no claim be made for the compensation money at the place, and within the
time, specified in the notice published under subsection (2), the Director shall pay
such money into the Treasury.

(6) The money thus paid into the Treasury or any part of it may, within a period
of 5 years from the expiration of the time 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) At the expiration of the said period of 5 years the money or such part of it as
remains unpaid shall be transferred to the general revenue.

11. Payment when person entitled cannot be found, etc.

When the person entitled to compensation in respect of any land which has
been acquired is absent from Hong Kong or cannot be found, or within 6 months
after the date when the amount of compensation shall have been agreed 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 payment of the compensation to 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.

(Amended 64 of 1985 s. 3)

12. Barring actions against the Crown

Except as provided by this Ordinance, no action or suit shall lie against the
Crown or against any other person for any loss or damage suffered by any person
as the result of the acquisition of any land under this Ordinance.

13. Evidence, notices, etc.

(1) In any acquisition order or notice under section 4, it shall be sufficient to
state that the acquisition of the land is required for a public purpose, without stating
the particular purpose for which the land is required; and a notice containing such
statement shall be conclusive evidence that the acquisition is for a public purpose.

(2) Where, under this Ordinance, notice is required to be served on any person

(a)that notice shall be in writing and in both the English and Chinese
languages;

(b)it shall be served on that person by delivering it to him by hand or by
registered post.





(3) The Director shall not be obliged to serve any notice on any person
whose address is unknown and cannot reasonably be ascertained.
(4) A certificate purporting to be signed by a public officer shall be prima
facie evidence of the facts stated therein relating to the service, giving,
publication or affixing of any notice.
(5) The acquisition or vesting of. any land under this Ordinance shall not
be affected by-
(a) any defect in a notice required under this Ordinance; or
(b)any failure to serve, publish or affix any notice under this
Ordinance.

https://oelawhk.lib.hku.hk/items/show/2558

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