MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE

MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE

LAWS OF HONG KONG

MASS TRANSIT RAILWAY (LAND RESUMPTION

AND RELATED PROVISIONS) ORDINANCE

CHAPTER 276





CHAPTER 276

MASS TRANSIT RAILWAV (LAND RESUMPTION AND
RELATED PROVISIONS) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1
PRELIMINARY

1..........Short title ....... .....
2..........interpretation ...... .............. ... ... ... ... ... ... 3

PART 11
RESUMPTION OF F LA LAND A\ D( R CREATION OF BASEMENTS
ME \IS OR R RIGHTS

3............................Preparation and promulgation of plans and maps ... ... ... ... ... ... 4

4.......................GOVERNOR may order resumption of land ... ... ... ... ... ... ... ... 5

5...................Notices of resumption of land ... ... . ... ... ... ... ... ... 6

6. Governor may order creation of casements or rights ... ... ... ... ... ... 6

7.......................Notices of creation of easements or rights ... ... ... ... ... ... ... 7

8................Resumption (if part of land ... ... . ... ... ... ... ... ... ... 8
9................Power of entry ............ ... ... ... ... ... ... ... 9

PART 111
FURTHER POWERS OF CROWN FOR PURPOSES PURPOSES
OF THE RAILWAY

10. Closure or substantial alteration of streets and other public works ... ... ... 9

11.......................Notices of orders made under section 10 ... ... ... ... ... ... ...
9

12.............................Preventive and remedial works on land and buildings ... ... ... ... ... 10

13............Utility services ................ ... ... ... ... ... ... ... ... ... ... 11

14.......................Removal of projections or obstructions ... ... ... .. ... ... ... ... 11

15.............................Control of building plans and commencement of m work ... ... ... ... ... 12

16.........Obstruction ........................ ... ... ... ... ... ... ... ... ... 13

PART IV
RIGHTS TO COMPENSATION AND CLAIMS CLAIMS
PROCEDURE RE

17.......................No remedy except under this Ordinance ... ... ... ... ... ... ... ... 13

18...........Compensation ..................... ... ... ... ... ... ... ... 14

19..............Claims out of time ............ ... ... ... ... ... ... ... ... ... 14

20. Compensation disproportionate to the value of land ... ... ... ... ... ... 14

21............Claims procedure ................ ... ... ... ... ... ... ... ... ... ... 15
22............Claims by minors etc . .......... ... ... ... ... ... ... ... ... ... ... 17







23. Settlement after reference to Lands Tribunal ... ... ... ... ... ... 17





section .......................Page
PART V
ASSESSMENT AND AWARD OF COMPENSATION

24. Jurisdiction of Lands Tribunal .......... ... ... ... ... ... ... ... ... 18

25. Payment to mortgagees ...................... ... ... ... ... ... ... 18
26. Interest on compensation ................... ... ... ... ... ... ... ... 19

27. Compensation payable out of general revenue ... ... ... ... ... ... ... 19

28. Surrender of title documents ............... ... ... ... 1 ... ... ... 19

PART VI
MISCELLANEOUS
29. Delegation by the Director of Engineering Development ... ... ... ... ... 19

30. Service ice of documents .... ............ ... ... ... 111 ... ... ... ... 19

31. Certain statements to be conclusive evidence ... ... ... ... ... ... ... ... 20
32. Disposal of lands and easements or rights ... ... ... ... ... ... ... ... 20

33. Certificates of values ........ ... ... ... ... ... ... ... ... 20

34. Certain Ordinances not to apply ........ ... ... ... ... ... ... ... 20

First Schedule .......................1. ... 1 . ... ... ... ... ... ... ... ... 21

Second Schedule........................... ... ... ... ... ... ... ... ... ... ... 25





CHAPTER 276

MASS TRANSIT RAILWAY
(LAND RESUMPTION AND RELATED PROVISIONS)

To provide for the resumption of land, creation of easements or rights
and the exercise of other powers by the Crown in aid of the
construction and operation of a Mass Transit Railway Railway
and to
make provisions as to compensation for losses caused by the
exercise of such powers.

[23 August 1974.]

PART I

PRELIMINARY
1. This Ordinance may be cited as the Mass Transit Railway
(Land Resumption and Related Provisions) Ordinance.
2. In this Ordinance, unless the context otherwise requires---

-application- means an application to the Lands Tribunal under section 8(2),
19(2) or 33;

authorized means public officer authorized by the Direc-
tor of Engineering Development under section 29. (Aniended,
L.N. 76/82)

'Building Authority- and 'building works- have the same meanings as in the
Buildings Ordinance;

'claim' means a claim for compensation under section 18:

'claimant' means a person who has made a claim for compensation.

'Director- means the Director of Engineering Development and any authorized officer
but 'Director of Engineering Development' does
not include an authorized officer., (Aniended, L.N. 76/82)

'land' includes and may, where the context so requires, have any one or more of
the following meanings separately--

(a) land lying wholly beneath the surface;

(b)the whole or part of any building or other erection or fixture on land;

(c)where an undivided share of a leasehold interest in land has
appurtenant to it rights to the exclusive use and occupation of a
building or part thereof on such land. such share in the land and all
rights appurtenant thereto;

(d) any other estate, right, share or interest in land:

'mortgage' means a mortgage or charge registered in the Land Office;





-railway- means the railway known as the Mass Transit Railway including any
extension intended to be constructed in pursuance of the transport policy
of the Government; (Amended, 12 of' 1981, s. 2)

-railway area' means the land delineated as such in plans and maps prepared
pursuant to section 3(1) or 3(3);

---stages1 to 6 and stage 8 of the railway- means that part of the railway
between Sutherland Street in the Western District and Wan Tsui Road in
the Eastern District of the Island of Hong Kong and Tso Kun Tam, Tsuen
Wan or the junction of King Yip Street and Kwun Tong Road;
(Aniended, 66 of 1978, s. 2 and 12 of 1981, s. 2)

street- includes any public bridge and every highway, street, road, lane,
footway, square, court, alley, passage or tunnel, whether a thoroughfare or
not. which is over on or under unleased Crown land;

---TheFinancial Secretary Incorporated- means the corporation sole created by
the Financial Secretary Incorporation Ordinance. (Amended, L.N.
180/85)

PART II

RESUMPTION of LAND AND CREATION OF EASEMENTS OR RIGHTS



3. (1) The Director of Engineering Development shall cause

plans and maps to be prepared in such detail and with such markings
and endorsements thereon as are sufficient to delineate the railway
area, being that area within which land may be resumed or ease-
ments in under or over land may be created pursuant to this
Ordinance for the purposes of and incidental to the railway.

(2) A copy of every plan and map prepared for the
of subsection ( 1 ) and signed by the Director of Engineering Development
shall be deposited in the Land Office and shall be available for
inspection by the public free of charge at such offices of the
Government, during the hours offices offices are normally open
to the public, as the Director of Engineering Development thinks fit.

(3) Any plan or map prepared for the purposes of subsection
(1) and any marking or endorsement on any such plan or map may
be amended and any plan or map may be replaced by a substitute
plan or map but the Director of Engineering Development shall as
soon as possible cause to be likewise amended, or replaced with the
substitute, every copy referred to in subsection (2) and certify the
amendment or substitution in such manner as he thinks sufficient.

(4) The Director of Engineering Development shall within 21
days of the deposit of a copy of a plan or map in the Land Office or
of any amendment to such copy or the deposit of a substitute plan or
map cause a notice of such deposit or amendment to be published in
the Gazette in Chinese and English containing-





(a)a general description of the plan or map or of the nature and extent of
the amendment or substitution; and

(b)particulars of the places and times at which a copy of the plan or
map, or details of the amendment or a copy of the substitute plan or
map may be inspected by the public in conformity with subsection
(2).

(5) No person shall have a right of objection to the delineation of land in any
plan or map prepared for the purposes of subsection (1) or to any amendment
thereto or substitute plan or map prepared under subsection (3) and the fact that
land is therein delineated as being within the railway area shall for all purposes be
conclusive evidence that it may be required to be resumed or that easements in
under or over it may need to be created for the purposes of

incidental to the railway.
(Amended, L.N. 76/82)

4. (1) The Governor may by order direct that any land within the railway
area shall be resumed for the purposes of and incidental to the railway.

(2) An order made under subsection (1) shall specify the period of notice
to be given under section 5(2) which period shall--

(a)run from the day on which notice of resumption is affixed to the land
under that section and in no case expire earlier than 1 month from that
day; and

(b)prevail over any other period of notice of resumption (whether
shorter or longer) provided for by the Crown lease under which the
land is held.

(3) Upon the expiration of the period of notice specified in the order the
land described therein shall--

(a)where it is an undivided share in land, vest in The Financial Secretary
Incorporated together with such rights to the use and occupation of
any building or part thereof as may be appurtenant to the ownership
of that share; and (Amended, L.N. 180/85)

(b) in all other cases, revert to the Crown,

but in either case the land shall vest or revert without any conveyance and free
of all mortgages, charges, claims, estates. rights or Interests of any kind.

(4) The ownership of any apparatus belonging to an owner or supplier of
gas, electricity, water or telecommunication services and situated in, under or
over any land shall not be altered by reason only of the vesting or reversion of
that land under subsection (3).

(5) The Land Officer shall, as soon as practicable after land has vested in
The Financial Secretary Incorporated or reverted to the Crown under subsection
(3), cause such vesting or reversion to be noted in the register of the land kept in
the Land Office. (Amended, L.N. 180/85)





(6) Upon the vesting under subsection (3)(a) of an undivided share
in land in The Financial Secretary Incorporated such share, together
with any part of a building the exclusive use and occupation of which is
appurtenant to ownership of such share, shall be deemed to be unleased
land for the purposes of section 6 of the Crown Land Ordinance.
(Amentled, L.N. 180185)

5. (1) Notice of resumption by order made under section 4(1) shall
be given in accordance with this section to every person having any
estate. right, share or interest in the land affected by the order.

(2) Every person referred to in subsection (1) shall be deemed to
receive notice of an order under section 4(1) if the Director

(a)causes a notice of resumption conforming to subsection (3)
and in both Chinese and English to be

(i) affixed to some conspicuous part of the land or, in a case
where only land lying wholly beneath the surface is to be
resumed by the order, the surface thereof or any building
thereon; and

(10 published once in the Gazette; and

(b)makes a copy, of the order and. where appropriate a plan of
the )and available for inspection by the public free of charge at
such offices of the Government, during the hours when those
offices are normally open to the public, as the Director thinks
fit.

(3) A notice of resumption shall-

(a)describe the land to be resumed and state that an order has
been made under section 4(1) in respect thereof.

(b)state where and at what times a copy of the order and, where
appropriate. a plan of the land may be inspected in pursuance
of subsection (2)(b),

(c) state the day on which the notice was affixed to the land;

(d)state the period of notice specified by the Governor under
section 4(2);

(e)declare that upon the expiry of that period the land described
in the notice shall by virtue of section 4(3) revert to the Crown
or vest in The Financial Secretary Incorporated, as the case
may require, for the purposes of the railway, and (Anren(led,
L.N. 180/85)

state that any person entitled to compensation under this
Ordinance may serve a written claim upon the Director.

6. (1) The Governor may by order direct that easements or other
permanent rights in, under or over land in the railway area and rights of
temporary occupation of land in the railway area shall be created in
favour of the Crown for the purposes of and incidental to

the railway. Replaced, 60 of* 1983, s. 2)





(2) An order under subsection (1) shall specify the period of notice to be
given under section 7(3) which period shall run from the day on which notice of
creation of an easement or right is affixed to the land under that subsection and
shall in no case expire earlier than 1 month from that day. (Amended, 60
of1983, s. 2)

(3) An order made under subsection (1) may contain such consequential
and incidental provisions as appear to the Governor to be necessary or
expedient for the purposes of the order including in particular provisions for
authorizing persons to enter upon land or buildings in accordance with
subsection (5) for the purpose of carrying out, installing, maintaining or
removing any works, structures or apparatus.

(4) Upon the expiry of the period specified pursuant to subsection (2) the
easement or right shall be created in favour of the Crown and the benefits and
obligations thereof and of all consequential and incidental provisions made under
subsection (3) shall be of full force and effect against all persons having any
estate, right, share or interest in the land without any consent, grant or
conveyance. (Aniended, 60 of 1983, s. 2)

(5) No person shall. in the exercise of any power of entry referred to in
subsection (3), enter upon any land which is occupied without giving to the
occupier at least 14 days' notice of his intention so to do unless

(a)the Director is of the opinion that an emergency exists which
necessitates immediate entry; or

(b)the entry is required for the purpose of inspecting any works,
structure or apparatus or carrying out any routine maintenance
thereon.

(6) Notice under subsection (5) may be given to and shall be deemed to
have been received by an occupier if a written notice is affixed to a conspicuous
part of the land to be entered.

(7) The ownership of any thing shall not be altered by reason only that it
is placed in or under or affixed to any land in exercise of the rights and powers
arising from or incidental to an easement or right created under this section.
(Aniended, 60 of 1983, s. 2)

(8) The Land Officer shall as soon as practicable after an easement or right
has been created in favour of the Crown under subsection (4) cause the creation
of such easement or right to be noted in the register of the land affected thereby
kept in the Land Office. (Amended, 60 qf* 1983, s. 2)

7. (1) Notice of creation of an easement or right by order made under
section 6(1) shall be given in accordance with this section to every person
having any estate, right. share or interest in the land affected by the order.

(2) Every person referred to in subsection (1) shall be deemed to receive
notice of an order under section 6(1) if the Director





(a)causes a notice of creation of an easement or right conforming
to subsection (3) and in both Chinese and English to be

(i) affixed to some conspicuous part of the land in. under or
over which the easement or right is to be created or, in a case
where only land tying wholly beneath the surface is affected
by the order, the surface thereof or any building thereon; and

(ii) published once in the Gazette; and

(b)makes a copy of the order and, where appropriate, a plan of the
easement or right available for inspection by the public free of
charge at such offices of the Government. during the hours
when those offices are normally open to the public as the
Director thinks fit.

(3) A notice of creation of an easement or right shall-

(a)describe the land and the easement or right and state that an
order creating the easement or right has been made under
section 6(1);

(b)state where and at what times a copy of the order and a plan of
the easement or right may be inspected in pursuance of
subsection (2)(b),

(c) state the day on which the notice was affixed to the )and,.

(d)state the period of notice specified by, the Governor under
section 6(2);

(e)declare that upon the expiry of that period the easement or
right described In the notice shall by virtue of section 6(4) be
created in favour of the Crown for the purposes of the railway;
and

state that any person entitled to compensation under this
Ordinance may serve a written claim upon the Director.

(Amended, 60 of'1983, s. 3)

8. (1) If it is established to the satisfaction of the Governor that any
land is, on the day on which it is resumed under section 4(3), reasonably
necessary to the use and enjoyment of contiguous or adjacent land so
that such contiguous or adjacent land cannot by itself be put to any
profitable use, the Governor may make an order under section 4(1) in
respect of the contiguous or adjacent land whether or not it is within the
railway area.

(2) Any person aggrieved by a decision of the Governor under
subsection (1) that at the date of resumption any land is not reasonably
necessary to the use and enjoyment of contiguous or adjacent land may
apply to the Lands Tribunal to review such decision.

(3) Upon an application under subsection (2) the Lands Tribunal
may direct that an order be made under section 4(1) by the Governor in
respect of the contiguous or adjacent land whether or not it is within the
railway area.





9. Where in respect of any land notice has been published in the Gazetie
in accordance with section 5(2)(a)(ii) or 7(2)(a)(ii) but the land has not yet
reverted to the Crown or vested in The Financial Secretary Incorporated by
virtue of section 4(3) or the easement or right has not yet been created by virtue
of section 6(4), the Director, or any person acting under his authority, may
without giving notice to the owner or occupier enter upon that land and any
adjoining land within the railway area at all reasonable times for the purpose of

(a) surveying and taking levels of such first-mentioned land;

(b) setting out the line of any works; or

(c) inspecting any apparatus referred to in section 13.

(Amended, 60 of 1983, s. 4 and L.N. 180/85)

PART III

FURTHER POWERS of CROWN FOR PURPOSES OF THE RAILWAY

10. (1) The Governor may, for the purposes of the construction.
operation, maintenance or improvement of the railway, by order

(a)authorize the closure or substantial alteration of a street or part
thereof either permanently or for an indefinite period:

(b)authorize the temporary closure or temporary substantial alteration
of any street or part thereof,

(c.)authorize the reclamation of, or other works of a public nature over
and upon, Crown foreshore or seabed;

(d)declare that, or the extent to which, and the time at, or duration for
which, any public or private right in, upon. under or over any street.
Crown foreshore or seabed shall be extinguished, modified or
restricted.

(2) For the purpose of subsections (1)(a) and (1)(b) the
decision of the Director of Engineering Development whether or

not an alteration of a street is substantial or the closure or alteration
of a street is temporary, permanent or indefinite shall be final.
(Amended, L.N. 76/82)

(3) Where an order is made under subsection (1) every public and private
right in, upon, under or over the street. Crown foreshore or seabed affected by
the order shall be extinguished, modified or restricted according to the
provisions in that behalf made in the order.

11. (1) Notice of an order made under section 10(1)(a) or 10(1)(c)in
respect of any street, foreshore or seabed shall be given in accordance with
subsection (2) to every person having any estate, right, share or interest in the
land affected by the order.

(2) Every person referred to in subsection (1) shall be deemed to receive
notice of an order under section 10(1)(a) or 10(1)(c) if the





Director not later than 1 month before any thing is done under the
authority of the order

(a)causes a notice conforming to subsection (3) and in both
Chinese and English to be

(i) posted in a conspicuous position in or near the street,
the foreshore or foreshore adjoining the seabed: and

(ii) published once in the Gazette;

(b)makes a copy of the order and a plan of the affected area of
street, foreshore or seabed available for inspection by the
public free of charge at such offices of the Government, during
the hours when those offices are normally open to the public,
as the Director thinks fit.

(3) The notice referred to in subsection (1) shall-

(a)state that an order has been made under section 10( 1)(a) or
10(1 )(c) and describe the area of street, foreshore or seabed
affected thereby and the manner in which it will be affected;

(b) describe briefly any works to be carried out,

(c)state where and at what times a copy of the order and a plan of
the affected area of street. foreshore or seabed may be
inspected pursuant to subsection (2)(b); and

(d)state that any person entitled to compensation under this
Ordinance may serve a written claim upon the Director.

12. (1) The Director, or any person acting under his authority, may
enter any land or building situate wholly or partly within the railway area
or wholly or partly within 70 metres thereof in order to carry out any
inspection or survey which is reasonably necessary for the purposes of
the railway, including an inspection or survey to ascertain the condition
of such land or building prior to the construction of the railway, and may
also enter any such land or building and carry out all reasonably
necessary work of a preventive or remedial nature. (Replaced, 47 of
1975, s. 2)

(2) No person shall, for the purposes of subsection (1), enter any
land or building which is occupied without giving to the owner and the
occupier at least 14 days' notice of his intention so to do unless

(a)the Director is of the opinion that an emergency exists which
necessitates immediate entry; or

(b)the entry is required only for the purpose of an inspection or
survey.

(3) A notice of entry referred to in subsection (2)-

(a)shall describe the purpose of the entry and the nature of any
work to be carriedbut; and





(b)shall be deemed to be given to and received by an owner or occupier
if a written notice is affixed to a conspicuous part of the land or
building to be entered.

(4) In subsection (1) 'work of a preventive or remedial naturemeans the
underpinning or strengthening of any land or building and other work thereon
intended to render it reasonably safe or to repair or detect damage caused in the
course of the construction or operation of the railway. (Amended, 47 of'1975, s.
2)

(5) The decision of the Director that any work is of a preventive or
remedial nature or that such work or any inspection or survey is reasonably
necessary shall be final.

(6) The Director, or any person acting under his authority, may as
occasion may require enter and resurvey any land or building in respect of which
any of the powers contained in subsection (1) have been exercised and may in
relation to that land or building exercise such powers as often as occasion may
require. (Aniended, L.N. 377/81)

13. (1) The Director may serve notice on the owner or supplier of any gas,
electricity, water or telecommunication services to alter the course or position
of any wire. line, cable. pipe, tube, casing, duct, post or other apparatus which
belongs to or is maintained by that owner or supplier and to repair any street
surface thereby disturbed if in the opinion of the Director such alteration is
required for the purposes of the construction, operation, maintenance or
improvement of the railway.

(2) A notice under subsection (1) shall-

(a)specify the apparatus to which the notice applies and set out the
Director's requirements as to the alteration of its course or position
and the repair of any street surface;

(b)stipulate the period within which such work shall be carried out; and

(c)be served upon the owner or supplier not later than 1 month before
the commencement of that period.

14. (1) The Director may give notice to the owner of any building in the
railway area requiring him to remove any object or structure described in the
notice which is attached to or projects from the building if in the opinion of the
Director the removal of the object or structure is required for the purposes of
the construction of the railway.

(2) A notice under subsection (1) may be given to the owner of a building
and shall be deemed to have been received by him if it is affixed to some
conspicuous part of the building to or from which the object or structure is
attached or projects.

(3) A notice under subsection (1) shall-





(a) describe the object or structure to be removed;

(b)stipulate the period within which the work of removal shall
be carried out;

(c)be given to the owner of the building not later than 14 days
before the commencement of that period; and

(d)state that any person entitled to compensation under this
Ordinance may serve a written claim upon the Director.

(4) If the owner of the building does not comply with a notice
given to him under subsection (1) any public officer authorized in
that behalf by the Director may enter the building and the land
surrounding it, together with such other persons as he thinks
necessary, and remove the object or structure described in the notice
or cause it to be removed by those other persons.

(5) An object or structure removed under subsection (4) shall,
whether or not it was erected or maintained in contravention of any
Ordinance, be forfeited to the Crown free from the rights of any
person and may be disposed of as the Director thinks fit.

(6) In this section---owner-means the person holding the land
direct from the Crown under a Crown lease.

15. (1) Notwithstanding the Buildings Ordinance, in any case
where he is of the opinion that any building works or the commence-
ment of any building works would be incompatible with any works
or proposed or likely works for the construction, maintenance or
improvement of the railway or with the operation thereof, the
Building Authority may to such extent as is necessary to avoid such
incompatibility -

(a)refuse to give his approval to any plan or to consent to the
commencement of the building works;

(b)withdraw any approval which he has or is deemed to have
given to any plan or any consent to the commencement of
the building works;

(c)in the case of piling works. excavation works or founda-
tion works-
(i) require the amendment of any plan showing such
works; or
(ii) impose conditions on the giving of approval of plans
showing such works or consent to commence such works.

(2) The carrying out of any building works-

(a)contrary to any refusal, or following a withdrawal, of
approval or consent under subsection (1)(a) or (1)(b); or

(b) otherwise than in accordance with any plan amended
under subsection or condition imposed under
subsection





shall, for the purposes of section 23 of the Buildings Ordinance, be deemed to
constitute a contravention of that Ordinance.

(3) Where the Building Authority refuses under subsection (1)(a) to give
his approval to any plan because he is of the opinion that the building works
shown thereon would be incompatible with works or proposed or likely works
for the construction of stages 1 to 6 and stage 8 of the railway the owner of the
land on which such building works were to be carried out may, by notice in
writing to the Director, require that the land be resumed under this Ordinance.
(Amended, 66 of 1978, s. 3 and 12 of 1981, s. 3)

(4) Where notice is given under subsection (3) the Governor shall, unless
the notice is withdrawn, make an order under section 4(1) in respect of the land
not more than 1 month after receipt of the notice by the Director, and the period
of notice specified in the order shall be 1 month.

(5) In subsection (3) 'owner' means the person holding the land direct
from the Crown under a Crown lease.

16. Any person who wilfully obstructs any person lawfully exercising or
performing any power duty or function arising under section 5(2)(a)(i),
7(2)(a)(i), 9, 11(2)(a)(i). 12(1). 12(6). 14(2) or 14(4) or lawfully exercising any
power consequential or incidental to an easement or right created pursuant to
section 6 shall be guilty of an offence and shall be liable on conviction to a fine
of $5,000 and to imprisonment for 1 year.

(Amended, 60 of'1983, s. 5)

PART IV

RIGHTS TO COMPENSATION AND CLAIMS PROCEDURE

17. No action, claim or proceedings shall lie or be brought against the
Crown or any other person

(a)to restrain the doing of anything which is authorized by or under this
Ordinance or to compel the doing of anything which may be omitted
to be done thereunder; or

(b) to recover damages, compensation or costs for---

(i) damage or disturbance to or loss of or in the value of any land,
chattel. trade or business,

(ii) personal disturbance or inconvenience,

(iii) extinguishment, modification or restriction of rights;

(iv) the costs of effecting or complying with any requirement or
condition imposed by the Director,

which is authorized by or under this Ordinance or arises from any
act or omission so authorized, except in pursuance of one of the
rights to compensation provided for in section 18.





18. (1) The rights to compensation referred to in section 17 are the
rights to claim from the Crown for the items of loss damage or cost set
out in the first column of Part 1 of the First Schedule a sum assessed on
the basis specified opposite thereto in the second column thereof and
with regard to the provisions of Part 11 of the First Schedule, subject to

(a)the claim being served on the Director within the appropriate
period specified in the fourth column of Part 1 of the First
Schedule; and

(b) the other provisions of this Ordinance.

(2) Every person who is described in the third column of Part 1 of
the First Schedule shall have the right to claim compensation for the item
of loss damage or cost set out opposite thereto in the first column to the
extent of the loss damage or cost suffered or incurred by him as
assessed pursuant to this Ordinance.

19. (1) Subject to this section, if a claim for an item of loss damage
or cost is not served on the Director before the expiration of the period
specified in the fourth column of Part 1 of the First Schedule in respect
of that item, the right to claim compensation therefor shall be barred.

(2) The period referred to in subsection (1) may, upon application
made to the Lands Tribunal either before or after the expiry of that
period, be extended in accordance with this section.

(3) Notice of an application under subsection (2) shall be given to
the Director by the applicant.

(4) The Lands Tribunal may extend the period within which a claim
must be served upon the Director if it considers that the delay in serving
the claim was occasioned by mistake of fact or mistake of any matter of
law (other than the relevant provision in the fourth column of Part 1 of
the First Schedule) or by any other reasonable cause or that the Crown
is not materially prejudiced in the conduct of its case or otherwise by
the delay.

(5) An extension may be granted by the Lands Tribunal under
subsection (4), with or without conditions for such period as it thinks fit
but not in any case exceeding 6 years from the time when the right to
compensation first arose.

20. (1) Where it appears to the Governor that compensation for any
loss or damage under item 6 of Part 1 of the First Schedule is or may be
disproportionate to the value of the building to which the compensation
relates, he may make an order under section 4(1) in respect of that land
or part thereof notwithstanding that it is not in the railway area.

(2) Upon the vesting in The Financial Secretary Incorporated or
the reversion to the Crown of land or part thereof pursuant to an





order authorized by subsection (1), compensation shall be assessed under item 1
of Part 1 of the First Schedule, and under item 3 if applicable, and any other
right to compensation under this Ordinance shall lapse. (Amended, L.N. 180/85)

(3) Where a right to claim compensation under this Ordinance has lapsed
by operation of subsection (2), the person to whom that right belonged
pursuant to section 18(2), shall be entitled to include in his claim for
compensation under item 1 of Part I of the First Schedule, and to receive from
the Crown, an amount to cover such costs and expenses as he has reasonably
incurred in connection with a claim to enforce the right which has lapsed.

21. (1) Any person who claims to be entitled to compensation under this
Ordinance shall serve upon the Director a written claim setting out such of the
following particulars as are applicable to his claim--

(a)the name of the claimant, and his address for service of notices;

(b)a full description of the land to which the clairn relates including any
covenants easements or restrictions afTecting the same,

(c)the nature of the claimant's interest in the land including in the case
of a sub-lessee or sub-tenant his landlord's name and address and
details of the sub-lease or tenancy:

(d)details of any mortgage. including the principal still owing and name
and address of the mortgagee,

(e)if the claimant has sublet the land or any part thereof. the name and
address of each tenant and details of his lease or tenancy;

particulars of the claim showing----

(i) under which item the claim is made: and

(ii) how the amount claimed under any item is calculated.

(2) The Director shall in writing acknowledge receipt and the date of
receipt of every claim served on him under subsection (1).

(3) If a claimant amends his claim before proceedings are commenced with
the Lands Tribunal and the Director considers the amendment to be substantial,
the Director may, within 14 days of the receipt of the amended claim, notify the
claimant that he elects to treat the claim, for the purposes of this section. as if it
were a new claim served under subsection (1) on the date on which the
amendment was received by the Director, and this section shall app;ly
accordingly.

(4) The Director may by notice in writing to the claimant request him to
furnish further particulars of and in support of his





claim or any item thereof and if any such particulars are not furnished to the
Director within a period of 28 days from the date of the notice. or m within such
further period as the Director may in writing allow, the claim or the item thereof
concerning which the particulars are requested shall be deemed to be rejected and
subsection (5) shall not apply thereto.

(5) The Director shall within 3 months of the service of a claim on him or,
if he has requested further particulars under subsection (4) within 3 months of
the day on which they are furnished in accordance with that subsection, notify
the claimant in writing that he-

(a) admits the entire claim; or

(b) rejects the entire claim, or

(c) admits a specified part or parts and rejects the remainder,

and in every case shall briefly state his reasons for rejection so that the claimant
is adequately informed of those reasons.

(6) Where the Director has rejected a claim or any part thereof under
subsection (5) or where a claim or any part thereof is deemed to have been
rejected-under subsection (4) the Director may--

(a)by notice in writing offer to the claimant such sum including costs as
the Crown is willing to pay in full and final settlement of the claim or
any part thereof as the case may be;

(b)commence proceedings with the Lands Tribunal, to have the claim or
any part thereof heard and determined by it in accordance with this
Ordinance.

(c)commence such proceedings with the Lands Tribunal where any
offer under paragraph (a) is refused by the claimant.

(6A) In relation to any claim under item 6 of Part 1 of the First Schedule--

(a) subsections (4), (5) and (6) shall not apply;

(b)the Director may by notice in writing to the claimant request him to
furnish further particulars of and in support of his claim or any item
thereof within a period of 28 days from the date of the notice, or
within such further period as the Director may in writing allow,

(c)prior to the commencement of proceedings with the Lands Tribunal
the Director may by notice in writing offer to the claimant such sum
(inclusive or exclusive of costs) as the Crown is willing to pay in full
and final settlement of the claim or any part thereof, as the case may
be. (Added, 66 of 1978, s. 4)





(7) If at the expiration of 4 months from the receipt of a claim by the
Director it has not been settled by agreement, either the claimant or the
Director may commence proceedings with the Lands Tribunal to have
the claim, or so much thereof as is still then in dispute, heard and
determined by it in accordance with this Ordinance.

(8) In any case where the claimant has failed to supply further
particulars required by the Director in accordance with subsection (4) or
(6A)(b) the Lands Tribunal may on the hearing of the claim consider the
merits of the Director's request for further particulars, and the claimant's
failure to supply them and may, if it thinks fit- (Amended, 66 of 1978, s.
4)

(a)order the claimant to furnish some or all of such particulars;
and

(b)adjourn the hearing until the order is complied with and the
particulars are considered by the Director; and

(c)make such further order as it thinks fit as to the costs of either
party occasioned by the Director's request for and the
claimant's failure to supply the further particulars.

22. A claim may be brought on behalf of a minor by his guardian or
guardians, or any of them, and on behalf of a mentally defective person
by the person empowered by law to administer his assets.

23. (1) At any time after proceedings have been commenced with
the Lands Tribunal but before compensation is finally assessed the
Director may make an offer in writing of the kind described in section
21(6)(a) or 21(6A)(c) or the claimant may by notice to the Director offer a
sum (inclusive or exclusive of costs) which he is willing to accept in full
and final settlement of his claim or any rejected part thereof.

(2) Where an offer made by the Director pursuant to section
21(6)(a) or 2 1 (6A)(c) or by the Director or the claimant pursuant to
subsection (1) is not accepted by the other party no part of the contents
thereof which relates to any part of a claim before the Lands Tribunal
shall be disclosed to that Tribunal until the amount of compensation for
that part is assessed by it but a copy of the offer enclosed in a sealed
envelope may be lodged with the registrar of the Lands Tribunal and
opened by it after it has made its assessment.

(3) Where the Director has made any offer pursuant to section
21(6)(a) or 21(6A)(c) which is refused by the claimant or either party has
made any offer pursuant to subsection (1) which is refused by the other
and the compensation including costs (if any) assessed by the Lands
Tribunal does not exceed the amount of compensation including costs
(if any) comprised in the offer. the Lands Tribunal shall, unless for
special reasons it thinks it proper not to do so, order the party who
refused the.offer to bear his own costs and to pay the





costs of the other party in so far as the costs of either party are incurred
after the making of the offer.

(Amended, 66 of 1978, s. 5)

PART V

ASSESSMENT AND AWARD OF
COMPENSATION

24. (1) The Lands Tribunal shall have jurisdiction to hear and
determine in accordance with this Ordinance

(a)all claims for compensation which the Director or the claimant
may refer to it under section 21(6) or (7); and

(b) applications provided for by sections 8(2), 19(2) and 33.

(2) The Lands Tribunal shall also have jurisdiction to award
compensation or any part thereof to a claimant if at the time of the award
it has no notice or intimation of any dispute as to his entitlement but the
making of any such award shall not affect the entitlement to receive
compensation under this Ordinance of any other person who may
thereafter be held by a court of competent jurisdiction to have a better
title to the compensation or any part thereof than the person to whom it
was awarded.

(3) An award of compensation under subsection (2) shall not in
any way affect the entitlement of a mortgagee to be paid compensation
in accordance with section 25.

(1) Subject to subsection (2) a mortgagee of land which reverts
to the Crown or vests in The Financial Secretary Incorporated under this
Ordinance shall, in so far as he has priority as against any other
mortgagee, be entitled to be paid so much of any compensation as is
required to discharge his mortgage debt including any interest thereon.
(Ainended, L.N. 1801185)

(2) If compensation is payable under this Ordinance otherwise than
for land resumed or if the land to which compensation relates is part
only of the mortgage security a mortgagee shall, in so far as he has
priority as against any other mortgagee, be entitled to be paid so much
of the compensation as is necessary to reduce his mortgage debt to an
amount which is adequately secured by the land or the remaining land
as the case may be.

(3) The payment of compensation, as required by subsections (1)
and (2), shall be made in accordance with the written agreement of the
claimant and every mortgagee of the land or failing such agreement in
accordance with an order of the High Court under subsection (4).

(4) The claimant or any mortgagee may apply to the High Court for
an order as to the payment of unpaid compensation and on any such
application the Court may make such order as it thinks just and equitable
having regard to the requirements of subsections (1) and (2).





26. The Lands Tribunal may direct that interest be paid on
compensation (but not on costs) from such date and for such period as
it thinks fit, at the rate paid from time to time by members of The Hong
Kong Association of Banks on deposits at 7 days' call or at such other
rate as may be determined by resolution of the Legislative Council.

(Amended, 76 of 1980, s. 24)

27. All compensation (including interest thereon) and all costs

(a) agreed to he paid to the claimant by the Director, or

(b) awarded by the Lands Tribunal against the Crown,

shall be paid out of the general revenue of the Colony within 3 months
of the agreement or award. unless there is a dispute as to the person
entitled to such compensation.

28. The Director may require any claimant to whom compen- is
payable for land resumed under this Ordinance to surrender his
documents of title to the Director as a condition of payment being made.

PART VI

MISCELLANEOUS

29 ( 1 ) Subject to subsection (2), the Director of Engineering

Development may in writing authorize any public officer either
generally or in any particular case to exercise or perform any of
the powers, functions and duties conferred or imposed upon him by
this Ordinance where the power, function or duty is expressed as
being conferred or imposed on the Director but not where it is
expressed expressed as being conferred or imposed on the Director of Engineer-
ing Development.

(2) For the purposes of any provision of this Ordinance

appearing in the first first colcolumn of the Second Schedule, the
Director of Engineering Development
shall not under subsection (1) authorize a
public officer below the rank specified opposite thereto in the second
column.

(3) The Director of Engineering Development may in writing
authorize any person, who is not a public officer, either generally or In
any particular case, to exercise any of the powers and functions
conferred on him by section 21(4) or 21(6A)(b) if he is satisfied that such
person is qualified to exercise such powers and functions. (Added, 66 of
1978, s. 6)

(Aniended, L.N. 76/82)

30. Without prejudice to any other provision of this Ordinance,
any notice or other document required or authorized to be given to or
served on any person for the purposes of this Ordinance or any
proceedings thereunder before the Lands Tribunal may be





personally given to or served on that person or may be sent to him
by registered post.

31. Where it is stated-

(a)in any order under section 4(1), 6(1) or 10(1) respectively
that-
(i) the resumption of land;
(ii) the creation of an easement or right; or (Amended,
60 of 1983, s. 6)
(iii) the closure, alteration or work,

is ordered or authorized for the purposes of or incidental
to the railway or the construction, operation, maintenance
or improvement thereof, or
(b)in a notice under section 12, 13, or 14 that the entry or the
work therein described or required to be carried out is, in
the opinion of the Director, necessary or required for the
construction, operation, maintenance or improvement of
the railway,

then such statement shall be accepted by all courts, tribunals and
persons as conclusive evidence of the truth of the fact so stated.

32. Any land resumed or easement or right created under this
Ordinance and any land which becomes vested in The Financial
Secretary Incorporated may be used in such manner as the Crown or
The Financial Secretary Incorporated thinks fit and may be disposed
of to any person by any means and on any terms whatsoever.
(Amended, 60 of 1983, s. 7 and L.N. 180185)

33. The Lands Tribunal may, on the application of any person,
certify the amount of any settlement of compensation agreed between
that person and the Director under this Ordinance or the amount of the
price of land being sold by that person to the Crown for the purposes of
or incidental to the railway and any amount so certified by the Lands
Tribunal shall be deemed to be the best settlement or sale price (as the
case may be) which could reasonably be obtained.

34. (1) Except to the extent that provision is otherwise made
in Part 1 of the First Schedule-

(a)the Crown Lands Resumption Ordinance shall not apply
to the resumption of any land ordered under section 4 nor
to any claim for or determination, award or payment of
compensation for such resumption; and

(b)the Roads (Works, Use and Compensation) Ordinance
and the Foreshore and Sea-bed (Reclamations) Ordinance
shall not apply to an order made under section 10(1) nor to
the implementation or effects thereof. (Amended, 37 of
1982, s. 41 and 63 of 1985, s. 21)
(2) [Deleted, 73 of 1982, s. 391





FIRST SCHEDULE [s. 18]

PART I

Losses for which Basis on which Persons who may Period within which
compensation compensation is claim compensation the claim must be
may be claimed to be assessed for their served on the
respective losses Director


1. The loss of land As if the claim were made Any person m who would Before the expiration of 1
resumed resumed under under the Crown Lands he entitled to claim com- year from the date of
section 4, Resumption Ordinance pensation for land resumption
for land resumed under resumed under the Crown row it
that Ordinance. Land, Resumption Ordin-
ance it- the land had been
resumed thereunder
2. The loss-
(a) or value of land (a) The mount by (a)Any person owning (a) Before the expiration of
caused by the which the open a compensatable 1 year from the date on
creation or an market value of the interest in the kind which the easement or
easement or right land is reduced on on the date on which right is created under
in. under or over the date on which the the easement or section 6(4)
that land pursuant easement or right is right is created
to section 6. created under under section 6(4)


(b) due to (b) A disturbance (b) same as in item 2(d). (b) Same as in item, 2(a)
disturbance payment
resulting from the
creation of an
easement or right
under section 6. ( Amended 60 of 1983, s. 8)
3. The loss of value of On the basis provided for Any person who would Before the expiration of
land, no part of by the Crown land be entitled to claim 1 year from the date of
which is resumed Resumption Ordinance compensation under resumption of the adjacent
due to the extinction for the extinction of any the Crown land or contiguous land
of any right or right or rasement caused Resumption Ordinance
easement upon the by resumption under that for the extinction of any
resumption of Ordinance by resumption under that
adjacent or Ordinance if the adjacent
contiguous land or contiguous land had
been resumed thereunder

4. The pecuniary loss The amount of any The ounwe or occupier of before the expiration of 1
or damage caused or pecuniary loss or damage the property. Replaced year from
likely to be caused to any property held 37 of 1982, s. 41
by the closure or under a Crown lease. (a) the closure of the street
substantial alteration Provided that in the or part thereof in the
of a street or part case of a temporary case of a street or part
of a street under closure or temporary of a street permanently
section 10 substantial alteration closed
(Amended 68 of 1976, s. 2) that closure or alteration (B) the re-opening of the
continues for a period street or part thereof in
exceeding 6 months the case of a street or
(Replaced 37 of 1982, s. 41) part of a street tem-
porarily closed or closed
for an indelinite period

(c) the completion of the substantial alteration of the street or part thereof
in the case of a permanent alteration of a street or part of a street
(d) the reinstatment of the street or part thereof in the case of temporary substatial
alteration of a street or part of a street or a substantial alteration of a street for
an indefinite period (Replaced 68 of 1976, s. 3.)

5. Loss sustained by The amount which might Any person in whom the Before the expiration of 1
the extinguishment fairly and reasonably be private right was vested year from the date of
modification or assessed as the pecuniary at the date of extinguish extinguishment modifica-
restriction of any loss of the claimant ment modification or tion or restriction provided
private right over restriction provided for for under section 10(1)(d)
Crown foreshore under section 10(1)(d)
or seabed under section 10






Losses for which Basis on which Persons who may Period within which
compensation compensation is claim compensation the claim must be
may be claimed to be assessed for their served on the
respective losses director


(a) Structural dam- (a) (i) The amount (a) Any person owning (a) Before the expiration of
age to any build- which is or might a compensatable 6 year, from the date of
ing resulting from be. fairly and interest in the the opening for public
the construction reasonably incurred damaged building traffic of that portion of
or operation of in repairing the the railway from which
the railway damage damage the damage is alleged to
have resulted
(ii)The amount
by which the open
Market value of the
land is or would be.
reduce as a result
of the manner in
which it is necessary
to repair the damage,

(b) The loss due (b) A disturbance (b) Same as in item 6(a) (b) Same as in item 6(a).
to disturbance payment
resulting from
structural damage
mentioned in item
6(a),
7 (a) Damage to any (a) (ii) The amount (a) Any person owning (a) Before the expiration
land or building which is or might a compensatable of 1 year from the date
resulting from be. fairly and interest in the of completion of the
the exercise or reasonably incurred damaged building work carried out under
any power contain- in repairing the section 12 from which
ed in section 12. damage the damage or loss ,
alleged to have resulted
(ii) The amount
by which the open
Market value of the land is or would be.
reduced as a result of the manner
which it is necessary to repair the damage

(b) The loss due (b) A disturbance (b) Same as in item 7(a). (b) Same as in item 7(a),
to disturbance payment.
resulting from the
exercise of any
power contained
in section 12.
8. The cost of altering The cost which is fairly The person oil whom the Before the expiration of 1
the course or and reasonably incurred notice under section 13 is year from the completion of
position of any in effecting such served. the alteration and repair.
apparatus and of alteration and repair.
repairing any street
surface pursuant to
a notice served ed by
the Director under
section 13.

9. (a) The loss of value (a) The amount by (a) any person owning (a) Before the expiration of
or a building which the open a compensatable 1 year from the date of
caused by the market value of the interest in the removal.
removal under land is reduced. building of the date
section 14. of any of removal of the
object or structure object or structure.
which was erected
and maintained
without the
contravention of
any Ordinance.
(b) The cost of a (b)The cost incurred in (b) any person who (b) Same as in item, 9(a).
removal referred moving the obtect or incurs the cost.
to in item 9(a). structure and making
good that part of the
building from which
it is, removal

(c) The cost of (c) The cost incurred In (c) any person who (c) Before the expiration
reinstating an so doing incurs the cost of 1 year from the date
object or structure of reinstatement or
described in item replacement.
(a) above or of replacing the same
with a similar object or structure






Losses for which basis on which Persons who may period within which
compensation compensation is claim compensation the claim must be
may be claimed to be assessed for their served on the
respective losses director

(d) The loss sustained (d) The amount which (d) Any person owning (d) Before the expiration of
by the forfeiture might fairly and a share or interest 1 year from the date of
under section 14(5) reasonably be in the object or removal.
of an object or estimated as the loss structure on the
structure which of the claimant. date on which it is
was erected and removed under
maintained without section 14(4).
the contravention
of any Ordinance
and is not to
be reinstated or
replaced with a
similar object or
structure at the
expense of the
Crown under item
(c) above.

10. The loss sustained The amount which might the owner of the land before the expiration of 1
on account of the fairly and reasonably be affected by the year from the date of
withdrawal of any estimated as the loss of withdrawal of approval withdrawal
approval or consent the claimant in respect or consent
by the Building of-
Authority under
section 15, (a) the reduction of
the open market
value or land:
(b) materials plant
and equipment:
(c) professional fees
and expenses
actually paid or
legally payable.
on account of the withdrawal of approval
or consent.

11. The loss sustained The amount by which the The owner of the land. Before the expiration of 1
on account or the open market value of the year from the date of the
refusal by the land is reduced on refusal
Building Authority account of the refusal.
under section 15(1)(a)
to consent to the
commencement of
building works.
because the Building
Authority is of the
opinion that the
building works
would be
incompatible with
works or proposed
or likely works for
the construction of
stages 1 to 6 and
stage 8 of the
railway (Amended,
66 of 1978. s. 7 and
12 of 1981. s. 4)

12. The cost sustained Any additional cost The owner of the land on Before the expiration of 1
complying with a incurred in carrying out which the building works year from the completion of
plan amended. or a building works which is are carried out the building
condition imposed. attributable solely to
under section compliance with the
15(1)(c), in a case amendment required. or
where the plan shows condition imposed. under
piling works. section 15(1)(c)
excavation works or
foundation works. to
avoid incompatibility
of such works with
works or proposed
ot likely works for
the construction of
stages 1 to 6 and
stage 8 of the
railway (amended
66 of 1978.s. 7 and
12 of 1981, s. 4)





PART 11

1. The provisions in this Part shall, where applicable, have effect for the
purpose of assessing compensation under Part 1 of this Schedule and shall

(a)be in addition to such of the provisions of the Crown Lands Resumption
Ordinance as apply, by virtue of Part 1, to the assessment of
compensation; and (Amended, 37 of 1982, s, 41 )

(h)prevail over any provision referred lo in sub-paragraph (a) which is
inconsistent or in conflict with a provision in this Part.

2. In Part I-

.1compensatable interesC means the estate or interest of

(a)a person having an unexpired term in land (including any further term
which could be obtained as of right) of not less than 1 month or a tenancy
or sub-tenancy terminable (where by virtue of an Ordinance or otherwise)
by either party by not less than 1 month's notice;

(b) a mortgagee in possession,

(c)the holder of a valid and subsisting option to purchase an interest referred
to in (a) or (d);

(d)a purchaser under an agreement for sale and purchase to whom the benefit
of an interest referred to in (a) or (c) has already passed;

of resumption- means the day on which land reverts to the Crown or vests in
The Financial Secretary Incorporated under section 4(3); (Amended, L.N.
180,;85)

-disturbance- means the displacement of a person from land and the interruption of
or interference with trade or business. whether such displacement. interruption
or interference is temporary or permanent:

payment' means a sum equal to--

(a)the financial loss naturally and reasonably resulting from the displacement
of a person from land: and

(b)in the case of disturbance of a trade or business on any land, the financial
loss naturally and reasonably resulting from the disturbance of that trade
or business;

market value' means the amount which the land if sold in the open market
by a willing seller might reasonably be expected to realize.

3. In the assessment of compensation no account shall be taken of any
increase or decrease in the value of land to which. or to the building 'Aorks on
which. the compensation relates which is attributable to- -

(a) the delineation thereof under section 3 as part of the railway area; or

(b)the construction or operation of the railway, including any damage
forwhich compensation would have been payable but for the operation of
section 20(2).

4. [DelcIcti, 37 ~)1'1982, s. 411

5. Compensation may be refused or reduced in respect of any building or part
thereof which has been constructed or modified or on which building works have
been carried out so as to amount to a contravention of the Buildings Ordinance
being a contravention within the meaning of that Ordinance.







6. The compensation assessed under item 6 or 7 of Part 1 of this Schedule
shall be reduced to such extent as the Lands Tribunal thinks just and equitable
having regard to the share in the responsibility for the loss or damage not
attributable to and connected with the railway.

7. Where a sign adiertising any business. product. service or actility is removed
under section 14(4), nothine in item 9(d) of Part 1 of this Schedule shafl he
construed as conferring upon any person a righl to compensation for the loss of
any benefit which might have accrued to hirri from the advertising of that business.
product, service or activity ifthe sign had not been removed.





8. If compensation under item 2. 3. 4, 5. 6. 7. 9 10 or 11 of Part I of this
Schedule has been paid in respect of the reduction of ~alue ofland and such land or
part thereof is subsequently resumed by the Crown under thisOrdinance or any
other enabling power, then notwithstanding paragraph 3 ot' this Part of this
Schedule or any other provision of law to the same or similar eftct, the amount of
that reduction in value shall be taken into account to reduce the compensation for
the resumption of that land to the extent that it was taken into account in the
assessment of compensation for the reduction in value thereof.

9. Where under this Ordinance a claim for compensation may be made by a
mortgagee in possession

(a)such claim may include compensation in respect of the whole interest
which comprises the mortgage sceurity; and

(h)compensation received by a mortgagee in possession shall he applied by
him as if it were proceeds of sate of the mortgage security.

10. For the avoidance of doubt it is declared that 'here an interest in land has
been resumed under section 4, the assessment of compensation under items 1 and 3
of Part I of this Schedule shall not be afrected by the fact that power to resume
that interest is not conferred by the Crown Lands Resumption Ordinance.

11. Compensation shall be payable under item 12 of Part 1 of this Schedule
only to the extent that the carrying out of building works in accordance with a
plan amended, or condition imposed, under section 15( 1 )(c) does not increase the
open market value of the land on which the building works are carried out.

12. Where land is resumed following a notice given by, the owner under section
15(3), no account shall be taken, in the assessment of compensation therefor. of
the refusal of approval of a plan which led to the giving of such notice.

SECOND SCHEDULE

AUTHORIZATION OF PUBLIC
OFFICERS OFFICERS

Section public officer
6(5)
12(2)
12(5) Chief Building Surveyor.

12(6)

13(1)
14(1)

14(4) Chief Building Surveyor.
14(5)
21(3)
21(4)
21(5) Chief Estate Surveyor.
21(6)
21(7)

28 Chief Estate Surveyor or an Assistant Registrar General.
Originally 66 of 1974. 47 of 1975. 68 of 1976. L.N. 182/77. 66 of 1978. 76 of 1980. 12 of 1981. L.N. 377/81. L.N. 76/82. 37 of 1982. 73 of 1982. 60 of 1983. L.N. 180/85. 63 of 1985. Short title. Interpretation. (Cap. 123.) (Cap. 1015.) Preparation and promulgation of plans and maps. Governor may order resumption of land. (Cap. 28.) Notices of resumption of land. Governor may order creation of casements or rights. Notices of creation of easements or rights. Resumption of part of land. Power of entry. Closure or substantial alteration of streets and other public works. Preventive and remedial works on land and buildings. Utility services. Removal of projection or obstructions. Control of building plans and commencement of work. (Cap. 123.) (Cap. 123.) Obstruction. No remedy except under this Ordinance. Compensation. First Schedule. Claims out of time. First Schedule. Compensation disproportionate to the value of land. First Schedule. Claims procedure. Claims by minors etc. Settlement after reference to Lands Tribunal. Jurisdiction of Lands Tribunal. Payment to mortgagees. Interest on compensation. Compensation payable out of general revenue. Surrender of title documents. Delegation by the Director of Engineering Development. Second Schedule. Service of document. Certain statements to be conclusive evidence. Disposal of lands and easements or rights. Certificates of values. Certain Ordinances not to apply. (Cap. 124.) (Cap. 370.) (Cap. 127.) General effect of this Part (Cap. 124.) Definitions applicable to Part I. No account of increase or decrease in value attributable to the railway. Refusal or reduction where Buildings Ordinance contravened. (Cap. 123.) Compensation where damage results only party from the railway. No compensation under item 9(d) for loss of advertising. Set off where compensation paid for loss of value and land later resumed. Claim by a mortgagee in possession. Avoidance of doubt. (Cap. 124.) Limitation on compensation payable under item 12. Refusal of approval of plan in assessment of compensation.

Originally 66 of 1974. 47 of 1975. 68 of 1976. L.N. 182/77. 66 of 1978. 76 of 1980. 12 of 1981. L.N. 377/81. L.N. 76/82. 37 of 1982. 73 of 1982. 60 of 1983. L.N. 180/85. 63 of 1985. Short title. Interpretation. (Cap. 123.) (Cap. 1015.) Preparation and promulgation of plans and maps. Governor may order resumption of land. (Cap. 28.) Notices of resumption of land. Governor may order creation of casements or rights. Notices of creation of easements or rights. Resumption of part of land. Power of entry. Closure or substantial alteration of streets and other public works. Preventive and remedial works on land and buildings. Utility services. Removal of projection or obstructions. Control of building plans and commencement of work. (Cap. 123.) (Cap. 123.) Obstruction. No remedy except under this Ordinance. Compensation. First Schedule. Claims out of time. First Schedule. Compensation disproportionate to the value of land. First Schedule. Claims procedure. Claims by minors etc. Settlement after reference to Lands Tribunal. Jurisdiction of Lands Tribunal. Payment to mortgagees. Interest on compensation. Compensation payable out of general revenue. Surrender of title documents. Delegation by the Director of Engineering Development. Second Schedule. Service of document. Certain statements to be conclusive evidence. Disposal of lands and easements or rights. Certificates of values. Certain Ordinances not to apply. (Cap. 124.) (Cap. 370.) (Cap. 127.) General effect of this Part (Cap. 124.) Definitions applicable to Part I. No account of increase or decrease in value attributable to the railway. Refusal or reduction where Buildings Ordinance contravened. (Cap. 123.) Compensation where damage results only party from the railway. No compensation under item 9(d) for loss of advertising. Set off where compensation paid for loss of value and land later resumed. Claim by a mortgagee in possession. Avoidance of doubt. (Cap. 124.) Limitation on compensation payable under item 12. Refusal of approval of plan in assessment of compensation.

https://oelawhk.lib.hku.hk/items/show/3068

1964

v17

276

26