HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE

HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS) ORDINANCE

LAWS OF HONG KONG

HONG KONG AIRPORT (CONTROL

OF OBSTRUCTIONS) ORDINANCE

CHAPTER 301

REVISED EDITION 1986

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 301

HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section ..................................Page

PART 1

PRELIMINARY

1. Short title....................... ... ... ... ... ... ... ... . ... ... 2

2. Interpretation.............. ... ... ... ... ... ... ... ... ... ... ... 2

PART II

CONTROL OF HEIGHTS OF BUILDINGS AND LIGHTING, AND
PROVISION OF AIDS TO AIR NAVIGATION

3. Orders by Governor in Council relating to heights of buildings ... ... ... 3

4. No buildings to be erected contrary to orders under section 3 ... ... ... ... 3
5. Director of Civil Aviation may specify date for demolition or reduction in height of

building ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

6. Director of Civil Aviation may require marking and lights on buildings ... 4
7. Governor in Council may order provision of marks, lights and beacons ... 4
8. Restriction on use of occulting lights ... ... ... ... ... ... ... ... ... 4
9. Power to prohibit lighting ... ... ... ... ... ... ... ... ... ... ... ... 5
10. Director of Civil Aviation may prohibit certain lights exposed to sky ... ... 5

11. Emergency extinguishment of lights exposed to sky ... ... ... ... ... ... 5

12. Power to enter premises to extinguish lights ... ... ... ... ... ... ... ... 5
13. Director of Buildings and Lands empowered to carry out works ... ... ... 5
14. Powers of entry of Director of Buildings and Lands and Director of Civil

Aviation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6

14A. Removal of trees obstructing lights or beacons ... ... ... ... ... ... ... 6
15. Closure orders in relation to buildings to be demolished or reduced in height 7
16. Recovery of cost of works by Director of Buildings and Lands ... ... ... 9
17. Payment by Government of cost of works ... ... ... ... ... ... ... ... 10
18. Limitation of public liability ... ... ... ... ... ... ... ... ... ... ... to
19. Service of orders and notices . ... ... ... ... ... ... ... ... ... 10
20. Offences ... ... ... ... . ... ... ... ... ... ... ... ... ... ... 10

PART 111

COMPENSATION

21. Right to compensation ... ... ... ... ... ... ... ... ... ... ... ... 11
22. Passing of right to compensation in case of disposition of land ... ... ... 11
23. Time and manner for making claims, and settlement thereof ... ... ... ... 12
24. Rules for assessment of compensation ... ... . ... ... ... ... ... 12
25. Disputes to be determined by Lands Tribunal ... ... ... ... ... ... ... 14

Job No. 145049 LAW:3//C3O1P:02





CHAPTER 301

HONG KONG AIRPORT (CONTROL OF OBSTRUCTIONS)

To provide for the restriction and, where necessary, the reduction of
heights of buildings in the interest of the safety of aircraft, for the
control of lighting, for the erection or provision and the
maintenance of aids to air navigation, for the assessment and
payment qf compensation in respect of damage suffered on
account thereof, and for purposes connected with the matters
aforesaid.

(Amended, 11 of 1966, s. 2)

[7 June 1957.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Hong Kong Airport (Control
of Obstructions) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'building' includes the whole, or any part, of any building, arch, bridge,
chimney, cookhouse, cowshed dock, factory, garage, hangar,
hoarding, Iatrine, lift, matshed, office, out-house, pier, shelter, shop,
stable, stairs, wall, warehouse, wharf, or workshop, and any mast or
pole or any pile driver, scaffolding, hoist or crane or other structure
projecting skywards; (Amended, 77 of 1978, s. 2)

'building works' includes any kind of building construction, site
formation, drainage works, repairs, maintenance, demolition,
alteration, addition and every kind of building operation, and any
lighting or marking required to be provided under the provisions of
this Ordinance;

'land' includes all buildings thereon;

,,owner' includes any person holding premises direct from the Crown
whether under lease, licence or otherwise, any mortgagee in
possession and any person receiving the rent of any premises,
solely or with another, on his own behalf or that of any person, or
who would receive the same if such premises were let to a tenant,
and where such owner as above defined cannot be found or
ascertained or is absent from the Colony or is under disability, the
agent of such owner.

(2) Any reference in this Ordinance to the safety of aircraft means
the safety of aircraft using Hong Kong Airport.





PART 11

CONTROL OF HEIGHTS OF BUILDINGS AND LIGHTING,
AND PROVISION OF AIDS TO AIR NAVIGATION

3. (1) Where in the opinion of the Governor in Council the
safety of aircraft so requires, he may by order-

(a) prescribe areas within which all buildings are prohibited;

(b)prescribe areas within which no building shall exceed the
height specified in or by such order; (Amended, 4 of
1958, s. 2 and 77 of 1978, s. 3)

(c)require to be demolished any building erected within an
area in which all buildings have been prohibited by an
order under paragraph (a), or require to be reduced in
height, or, where reduction in height is not feasible, to be
demolished, any building which does not conform with an
order under paragraph (b).

(IA) An order under subsection (1)(a) or (b) may provide that,
subject to such conditions as may be prescribed therein, it shall not
apply to any particular area, or any particular building, within any
area prescribed by the order. (Added, 11 of 1966, s. 3)

(2) Where an order is made under subsection (1)(a) or (b), it
shall be published in the Gazette, and a copy thereof together with a
plan of the prescribed area, signed by the Clerk of Councils, shall be
deposited at the Land Office.

(3) An order under subsection (1)(c) shall be served upon the
owner of the premises affected, and may be registered at the Land
Office against the land affected by delivering to the said office a
memorial thereof signed by the Clerk of Councils and containing the
full terms of such order.

(4) The Director of Civil Aviation may, by notice in writing,
grant-

(a)for a period not exceeding 2 months which may be ex-
tended for such further periods of 2 months as he thinks
fit; and

(b)upon such terms and conditions as he may in any case
impose,

an exemption from the operation of an order made pursuant to
subsection (1)(b). (Added, 77 of 1978, s. 3)

4. No building shall be erected in any area in which buildings
are prohibited, and, subject to section 3(4), no building shall be
erected above the prescribed height, contrary to any order under
section 3(1)(a) or (b).
(Amended, 77 of 1978, s. 4)





5. The Director of Civil Aviation after consultation with the
Director of Buildings and Lands may, by notice in writing served on
the owner of any building which is the subject of an order under
section 3(1)(c), specify the date by which such building is to be
demolished, or the height thereof is to be reduced, in compliance
with such order, and specify the date by which the building works of
such demolition or reduction in height shall be commenced.
(Amended, 4 of 1958, s. 3; L.N. 76182 and L.N. 94186)

6. (1) Where in the opinion of the Director of Civil Aviation
the safety of aircraft requires the marking of any building or the
provision of warning or guiding lights thereon, he shall by notice in
writing served upon the owner of the building inform him of the
marking or lights required, and call upon him to elect in writing,
within 14 days of the date of such notice, whether he desires the
Government to provide the marking or lights, or whether he desires
to do so himself.
(2) If the owner desires the Government to provide the mark-
ing or lights, it shall be lawful for the Government to provide, and
thereafter to maintain, the same.
(3) If the owner desires to provide the marking or lights
himself, he shall do so within such time and in such manner as the
Director of Civil Aviation may by notice in writing require, and
shall thereafter maintain such marking or lights in such manner
as the Director may from time to time by notice in writing require.
(4) Any reasonable expenses incurred by an owner in provid-
ing any such marking or lights or upon the maintenance of the same
(including any expenses of illumination) shall be paid by the
Government.

7. (1) Where in the opinion of the Governor in Council the
safety of aircraft so requires, he may by order authorize the
Director of Buildings and Lands to provide or erect, and thereafter
to maintain, in any place or on any building such marks, warning or
guiding lights and aircraft beacons as shall be specified in such
order. (Amended, L.N. 76182 and L.N. 94186)
(2) Such order shall be served upon the owner, if any, of any
place or building which is the subject of the order.

8. (1) Save with the written authority of the Director of Civil
Aviation or under an exemption granted by him and published in
the Gazette, no person shall, in Kowloon or New Kowloon or any
other area prescribed by order of the Governor in Council published
in the Gazette, expose to the sky or permit to be exposed to the
sky any form of occulting light of any colour. (Amended, 4 of
1958, s. 4)

(2) For the purposes of this section, the expression 'occulting
light' includes any light which is cut off from view at regular
or irregular intervals or which is visible suddenly or intermit-
tently. (Added, 4 of 1958, s. 4)





(3) This section shall not apply to navigational or signal lights,
or to any occulting light of an intensity of less than 200 cd. (Added,
4 of 1958, s. 4. Amended, L.N. 83177)

9. Where in the opinion of the Governor in Council the safety
of aircraft so requires, he may by order prescribe areas within which
no person shall expose to the sky or permit to be exposed to the sky
any type of lighting specified in or by such order.
(Added, 4 of 1958, s. 5)

10. (1) Where in the opinion of the Director of Civil Aviation
the safety of aircraft so requires, he may by notice in writing served
upon the owner or occupier of any place or building prohibit the
use of any light exposed to the sky.

(2) Where any light is exposed to the sky in contravention of a
notice under subsection (1), the Director of Civil Aviation may by
notice in writing served upon any supplier of electricity or gas
require the discontinuance of the electricity or gas supplied to any
such light.

(3) Any person aggrieved by any prohibition imposed under
subsection (1) may appeal by way of petition to the Governor in
Council, but shall, pending the decision of such appeal, comply with
the notice given pursuant to subsection (1).

11. Notwithstanding that no notice has been given under
section 10(1), where in the opinion of the Director of Civil Aviation
the safety of aircraft requires that any light exposed to the sky
should be immediately extinguished, he may require any supplier of
electricity or gas immediately to discontinue for a period not
exceeding 12 hours the supply of electricity or gas to such light, and
if it is not practicable immediately to discontinue the supply to that
light only, it shall be lawful for the supplier to discontinue the supply
to other lighting to such extent as is necessary to effect the immediate
extinguishment of that light.

12. Where any supplier of electricity or gas is required by
notice under either section 10(2) or section 11 to discontinue the
supply of electricity or gas to any light, it shall be lawful, for the
purpose of giving effect to the requirement of such notice, for any
servant or agent of such supplier to enter and where necessary, in the
presence of a police officer, break into any building or place in which
such light is exposed, and there to do all such work as is necessary to
effect the discontinuance of the supply of electricity or gas to that
light.

13. The Director of Buildings and Lands may, on application
made to him by the Director of Civil Aviation, carry out such
building works as may be necessary- (Amended, L.N. 76182 and
L.N. 94186)





(a)for the demolition or reduction in height of any building
erected in contravention of section 4;

(b)for the demolition or reduction in height of any building which
is required to be demolished or reduced in height by an order
under section 3(1)(c), in any case

(i) where the building works of such demolition or
reduction have not been commenced by the date specified in
a notice under section 5; or

(ii) where such demolition or reduction has not been
completed by the date specified in a notice under section 5; or

(iii) where the Director of Buildings and Lands is of opinion
that such demolition or reduction is unlikely to be completed
by the date specified in a notice under section 5; (Replaced, 4 of
1958, s. 6. Amended, L.N. 76182 and L.N. 94186)

(c)for the marking of any building or the provision of any light or
the maintenance of any such marking or light where any
person has not complied with a notice under section 6(3)
requiring such works.

14. (1) The Director of Buildings and Lands or any public officer
authorized in writing by him in that behalf may, during the hours of day-
light, enter and where necessary, in the presence of a police officer,
break into any premises for the purpose of ascertaining whether the
provisions of this Ordinance or the requirements of any notice given
thereunder have been or are being complied with, or for the purpose of
carrying out or causing to be carried out any building works pursuant to
the authority in that behalf conferred by section 7(1) or by section 13.
(Amended, L.N. 76182 and L.N. 94186)

(2) The Director of Civil Aviation or any public officer authorized in
writing by him in that behalf may at any time enter and where necessary,
in the presence of a police officer, break into any premises for the
purpose of ascertaining whether the provisions of this Ordinance
relating to marks, lights or beacons, or the requirements of any notice
under this Ordinance relating thereto, have been or are being complied
with.

14A. (1) Where in the opinion of the Director of Civil Aviation any
tree, shrub, plant or vegetation obstructs or affects or is likely to
obstruct or affect the proper operation of any warning light, guiding
light, aircraft beacon or navigational or approach aids so as to impair the
safety of aircraft, the Director shall, by notice in writing served upon the
occupier of the land upon which such tree, shrub, plant or vegetation is
situated, call upon him to fell the tree or remove the plant, shrub or
vegetation or deal with the same in such other manner as will in the
opinion of the Director remove the obstruction.





(2) Any person who fails to comply with a notice under
subsection (1) within 14 days of service of such notice commits
an offence and is liable to a fine of $2,000 and to imprisonment
for 6 months.

(3) Where a notice under subsection (1) is not complied with
within 14 days of service thereof or where in the opinion of the
Director of Civil Aviation the proper operation of any warning
light, guiding light, aircraft beacon or navigational or approach
aids requires the immediate felling of, removal of or dealing with
any tree, shrub, plant or vegetation, the Director or any public
officer authorized in writing by him in that behalf may at any time
enter upon any land and may fell, remove or deal with in such
manner as the Director may specify any such tree, shrub, plant
or vegetation.

(4) Any reasonable expenses incurred by an occupier in com-
plying with a notice under subsection (1) shall be paid by the
Government.
(Added, 77 of 1978, s. 5)

15. (1) Where a building has to be demolished or reduced in
height so that it may conform to the requirements of this Ordinance
or any order made thereunder, and the owner of the building or the
Director of Buildings and Lands, as the case may be, is about to
undertake building works in order to effect such demolition or
reduction in height, the owner or the Director may apply to a
magistrate for a closure order in relation to that building or any part
thereof, and the magistrate shall make such order if he is satisfied
that notice has been given in accordance with the provisions of
subsection (4), and that it is necessary or expedient to order the
closure of the building or part thereof so that such works may be
expeditiously and properly carried out. (Amended, L.N. 76182 and
L.N. 94186)

(2) A closure order under this section shall-

(a) specify the building or part thereof to be closed; and

(b)order the closure of such building or part thereof under the
direction of a police officer; and

(c) order-
(i) in the case of demolition, that the building be closed;
or
(ii) in the case of reduction in height, that the build-
ing or part thereof remain closed until the Director of
Buildings and Lands has given a certificate to the owner
that the order is no longer required. (Amended, L.N.
76182 and L.N. 94186)

(3) No person shall occupy a building or part of a building to
which a closure order relates during the continuance in force of the
order.





(4) At least 7 days' notice of intention to apply for a closure order
shall be given by the person making such application by posting the
notice on a conspicuous part of the building to which it relates, and
upon being so posted it shall be sufficient notice to all persons of such
intention.

(5) Such notice shall be in both the English and the Chinese
languages and shall specify the building to which it relates and whether
the same is to be demolished or reduced in height, and in the case of a
reduction in height, the extent thereof, the premises to be closed and the
estimated period of closure; and in addition, in the case of a reduction in
height, such notice shall reproduce this section in full.

(6) Any occupier who is evicted from a building under a closure
order made to enable a reduction in height thereof to be effected shall,
subject to the following provisions of this section, be entitled to re-
enter and re-occupy the premises occupied by him immediately prior to
his eviction, but this subsection shall not be taken to preserve or revive
any rights necessarily extinguished or curtailed by the carrying out of
any building works undertaken to effect such reduction in height.

(7)(a) Not later than 14 days after the making of a closure order in
relation to the reduction in height of a building, any occupier
whose rights will not be extinguished by any building works
undertaken to effect such reduction may serve upon the
owner notice of his intention to re-occupy, on the expiry of
the closure order, the premises occupied by him at the date of
the giving of notice under subsection (4).

(b)Such notice of intention to re-occupy shall specify an address
at which a notice under subsection (8) may be served.

(c)Such notice of intention to re-occupy may be revoked in like
manner by the occupier during the continuance in force of the
closure order.

(8) Within 3 days of the receipt of a certificate of the Director of
Buildings and Lands given under subsection (2)(c)(ii), the owner of the
building to which it relates shall serve notice of the expiry of the closure
order upon every occupier who has given notice under subsection
(7)(a), and has not revoked the same, and such notice of expiry shall be
served by sending it by registered post to such occupier at the address
specified in the notice given by him under subsection (7). (Amended, L.N.
76182 and L.N. 94186)

(9) Any occupier who has given notice under subsection (7) and
has not revoked the same, may, within 14 days of the date of service of
the notice of expiry, re-enter and re-occupy the premises previously
occupied by him to the extent that the same are still in existence, upon
such terms and conditions relating to the premises as





were in force at the date of the closure order in so far as the same are
still applicable, and, in the event of the value of the premises to the
occupier having been diminished as a result of the carrying out of
any such building works as are referred to in subsection (1), at such
reduced rent as is reasonable having regard to all the circumstances,
and in default of agreement between the parties as to the amount of
such reduced rent, the amount shall be determined by arbitration in
accordance with the provisions of the Arbitration Ordinance.

(10) Where an occupier who has given notice under subsection
(7) and has not revoked the same fails to exercise his right to re-enter
within the period allowed by subsection (9), he shall have no further
rights of occupation, and the person who would have been entitled
to receive the rent from such occupier shall be entitled to recover
from him a sum equal to 1 month's rent by action brought in the
District Court.

16. (1) Where the Director of Buildings and Lands carries
out any building works pursuant to the authority in that behalf
conferred by section 13(a), he may recover the cost thereof from
the owner of the building on which such building works are carried
out, and may certify under his hand the amount due and the
names of the persons liable therefor, and may by such certificate
apportion such cost among such persons. (Amended, L.N. 76182
and L.N. 94186)

(2) Such cost may include supervision charges.

(3) A copy of the certificate of the Director of Buildings
and Lands shall be served upon each person affected thereby.
(Amended, L.N. 76182 and L.N. 94186)

(4) Interest at the rate of 10 per cent per annum from the
expiry of 1 month from the date of such service shall be recoverable
as part of such cost.

(5) The payment of such cost by any person shall be without
prejudice to his right to recover the same from any other person.

(6) Without prejudice to any other remedy of the Director of
Buildings and Lands for the recovery of such cost, the same may be
recovered as a debt due to the Crown. (Replaced, 13 qf 1966,
Schedule. Amended, L.N. 76182 and L.N. 941186)

(7) The writ of summons in connexion with such action shall
be taken to have been duly served if it appears, to the satisfaction of
the court, that the writ was left at the defendant's residence or place
of business, or in case the same is unknown, that it was left at the
building in respect of which the claim is made.

(8) A certificate under subsection (1) purporting to be under
the hand of the Director of Buildings and Lands shall be prima facie
evidence of the facts certified therein and of the signature of the
Director of Buildings and Lands thereto. (Amended, L.N. 76182
and L.N. 94186)





(9) Before the Director of Buildings and Lands commences to carry
out any such building works as are referred to in subsection (1), he may
register in the Land Office against the land on which the works are to be
carried out a notice of his intention to carry out such works, and if such
a notice is registered the cost of the works and any interest thereon
shall be and remain a first charge upon the said land until paid.
(Amended, L.N. 76182 and L.N. 94186)

17. Where any person is required to carry out building works in
order to comply with the provisions of this Ordinance, the Director of
Buildings and Lands may, on application being made to him in writing
by such person, enter into an agreement with that person for payment
by the Government of the cost of the works: (Amended, L.N. 76182 and
L.N. 94186)

Provided that this section shall not apply in the case of any
building erected in contravention of section 4.

18. (1) No liability shall rest upon the Government or upon any
public officer by reason of the fact that any building works are carried
out in accordance with the provisions of this Ordinance.

(2) No matter or thing done by the Director of Civil Aviation or the
Director of Buildings and Lands or by any public officer acting under
the direction of either of them or by any supplier of electricity or gas or
by any servant or agent of such supplier shall, if it was done bona fide
for the purpose of executing this Ordinance, subject them personally to
any action, liability, claim or demand whatsoever. (Amended, L.N. 76182
and L.N. 94186)

19. Wherever in this Ordinance provision is made for service upon
any person of any order or notice, it shall, save where otherwise
specifically provided, be sufficient service if a copy of such order or
notice is

(a) delivered to the person upon whom it is to be served; or

(b)sent by registered post to the last known place of business or
residence of such person; or

(c)left with an adult occupier of the premises to which the order
or notice relates; or

(d)posted upon a conspicuous part of such premises and
published in the Gazette.

20. Any person who-

(a)carries out any building works in contravention of the
provisions of section 4;

(b) fails to comply with a notice under section 6(3);

(c)obscures, severs, breaks or otherwise tampers with any mark,
lighting or structure provided or erected in pursuance of the
provisions of this Ordinance;





(d) contravenes the provisions of section 8;

(e) fails to comply with a notice under section 10(1);

(f) contravenes the provisions of section 15(3);

(g)obstructs the Director of Civil Aviation, the Director of
Buildings and Lands or any officer authorized by either of
them in the execution of his duties; or (Amended, L.N. 76182
and L.N. 94186)

(h)obstructs any servant or agent of a supplier of electricity or
gas in the exercise of his powers under section 12,
shall be liable to a fine of $2,000 and to imprisonment for 6 months.

PART 111

COMPENSATION

21. Where any person-

(a) has an interest in land the value of which is diminished, or

(b)sustains damage by loss of rent or by being disturbed in the
enjoyment of any right in or over land, or

(c)incurs reasonable expenses for the purpose of carrying out
building works which are required to be carried out, (other
than building works necessary for the demolition or reduction
in height of any building erected in contravention of section
4),

in consequence of an order made under section 3, 7 or 9, or of the
provision of any marking or lights under section 6, or of a notice given
under section 10 such person shall be entitled to recover compensation:
(Amended, 4 1958, s. 7)

Provided that no person claiming compensation under paragraph
(a) shall be so entitled where the diminution in value of his interest in
land is less than one-tenth of the diminished value of such interest, but
this proviso shall not operate to prevent any person from recovering
compensation in respect of a diminution in value resulting from the
carrying out of building works in order to comply with the provisions of
this Ordinance.

22. The right to recover compensation in respect of a diminution in
value of an interest in land shall be deemed to pass with such interest
upon any sale, gift, bequest, exchange, assignment, reassignment,
release, partition, on, mortgage, charge or other transfer or disposition
thereof unless the right to recover compensation is specifically excluded
from passing by the terms of the instrument under which such interest
passes.





23. (1) A claim for compensation under this Ordinance shall be
made in writing to the Director of Buildings and Lands(Amended, L.N.
76182 and L.N. 94186)

(a)in the case of a diminution in value of an interest in land in
consequence of an order made under section 3(1)(a) or (b),
within 1 year of the date of such order; and

(b)in any other case, not later than the expiry of 3 months from

(i) the completion of any building works carried out in
consequence of an order under section 3(1)(c) or of an order
under section 9; or (Amended, 4 of 1958, s. 8)

(ii) the completion of the provision or erection of any
marks, lights or beacons under section 6 or 7; or

(iii) the completion of any building works required to
comply with a notice given under section 10(1): (Amended, 4 of
1958, s. 8)

Provided that the Governor in Council may, in any particular case,
extend the period for the making of claims.

(2) Upon a claim being received the Director of Buildings and
Lands shall forthwith assess, in accordance with the rules under section
24, the amount of any compensation which in his opinion is recoverable
by the claimant, and shall thereupon notify the claimant of the amount of
compensation, if any, so assessed. (Amended, L.N. 76182 and L.N. 94186)

(3) If the claimant agrees in writing that he accepts such amount in
full settlement of his claim, that amount may be paid to the claimant:

Provided that in the case of diminution in value of an interest in
land, he shall first satisfy the Land Officer of his title to the
compensation payable.

24. In assessing compensation the Director of Buildings and Lands
and, in the case of any dispute, the Lands Tribunal, shall act in
accordance with the following rules- (Amended, 62 of 1974, s. 16; L.N.
76182 and L.N. 94186)

(a)The value of any interest in land shall, subject as hereinafter
provided, be taken to be the amount which the interest if sold
in the open market by a willing seller might be expected to
realize:

Provided always that the Director of Buildings and Lands
or the Lands Tribunal, as the case may be, shall be entitled to
consider all returns and assessments for taxation or rating
made or acquiesced in by the claimant. (Amended, 62 of 1974, s.
16; L.N. 76182 and L.N. 94186)

(b)No allowance shall be made in respect of the compulsory
nature of any prohibition or restriction imposed, or building
works required, by or under this Ordinance.





(c)Where the value of the land is increased by reason of the use
thereof, or of any premises thereon, in a manner which could
be restrained by any court, or is contrary to law, or, save
where such use has been expressly permitted by the Crown, is
not in accordance with the terms of the Crown Lease, or other
tenancy from the Crown, under which the land is held, or is
detrimental to the health of the occupiers of the premises or to
the public health, the amount of that increase shall not be
taken into account.

(d)No allowance shall be made in respect of any increase in
building heights permitted since 16 September 1955, (being the
date of publication of Government Notification No. 1026 of
1955, in which warning was given of proposed restrictions on
heights of buildings) or of the possible use, in relation to
heights prescribed as at the said day, of the powers of the
Governor in Council under sections 87 and 88 of the Buildings
Ordinance 1935.

(e)No allowance shall be made in respect of any expectancy or
probability of the grant or renewal or continuance by the
Crown or by any person or by virtue solely of Part 1, Part 11,
Part IV or Part V of the Landlord and Tenant (Consolidation)
Ordinance of any lease, tenancy, licence or permit whatsoever:
(Amended, 39 of 1979, s. 26 and 76 of 1981, s. 60)

Provided that this rule shall not apply to any case where
the grant or renewal or continuance by the Crown or other
person could have been enforced as of right.

Interest at a rate not exceeding 4 per cent per annum may be
allowed on any money expended by the claimant for which
compensation is allowed:

Provided that where the claimant has borrwed money for
such expenditure and satisfies the Director of Buildings and
Lands or the Lands Tribunal, as the case may be, that he had
good and sufficient reason for not availing himself of the
provisions of section 17, and that the lowest rate of interest at
which he could borrow the money was in excess of 4 per cent
per annum, such higher rate of interest may be allowed, but in
no case shall the rate exceed 10 per cent per annum.
(Amended, 62 of 1974, s. 16; L.N. 76182 and L.N. 94186)

(g)Interest at a rate not exceeding 4 per cent per annum may be
allowed on any part of the compensation allowed for any
diminution in value of an interest in land, and such interest
may be allowed from the date of such diminution, being a date
not earlier than the date of publication of the order made
under section 3 which resulted in such diminution.





(h)In determining whether any interest shall be allowed,
regard shall be had to all the circumstances of the case,
including any delays occasioned by the claimant.

25. (1) Where any dispute arises as to-

(a) whether compensation is payable under this Ordinance; or

(b) the amount of any such compensation; or

(e) the person to whom it is payable,

the dispute shall be referred to and determined by the Lands
Tribunal.

(2) For the purposes of this section, a dispute shall be deemed
to have arisen where a claimant or the Director of Buildings and
Lands, as the case may be, has served notice of intention to refer the
dispute to the Lands Tribunal upon all other parties to the dispute,
and the party who has served notice as aforesaid shall, within 2
months thereafter, refer the dispute to the Lands Tribunal by notice
served upon the registrar of the Lands Tribunal giving particulars of
the matter in dispute between the parties, and a copy of the
last-mentioned notice shall, within the said period, be served upon
all other parties. (Amended, L.N. 76/82 and L.N. 94186)
(Amended, 62 of 1974, s. 16 and 21 of 1977, s. 6)
Originally 27 of 1957. 4 of 1958. 11 of 1966. 13 of 1966. 62 of 1974. L.N. 83/77. 21 of 1977. 77 of 1978. 39 of 1979. 76 of 1981. L.N. 76/82. L.N. 94/86. Short title. Interpretation. Orders by Governor in Council relating to heights of buildings. No buildings to be erected contrary to orders under section 3. Director of Civil Aviation may specify date for demolition or reduction in height of building. Director of Civil Aviation may require marking and lights on buildings. Governor in Council may order provision of marks, lights and beacons. Restriction on use of occulting lights. Power to prohibit lighting. Director of Civil Aviation may prohibit certain lights exposed to sky. Emergency exitinguishment of lights exposed to sky. Power to enter premises to extinguish lights. Director of Buildings and Lands empowered to carry out works. Powers of entry of Director of Buildings and Lands and Director of Civil Aviation. Removal of trees obstructing lights or beacons. Closure orders in relation to building to be demolished or reduced in height. (Cap. 341.) Recovery of cost of works by director of Buildings and Lands. Payment by Government of cost of works. Limitation of public liability. Service of orders and notices. Offences. Right to compensation. Passing of right to compensation in case of disposition of land. Time and manner for making claims, and settlement thereof. Rules for assessment of compensation. (18 of 1935.) (Cap. 7.) Disputes to be determined by Lands Tribunal.

Originally 27 of 1957. 4 of 1958. 11 of 1966. 13 of 1966. 62 of 1974. L.N. 83/77. 21 of 1977. 77 of 1978. 39 of 1979. 76 of 1981. L.N. 76/82. L.N. 94/86. Short title. Interpretation. Orders by Governor in Council relating to heights of buildings. No buildings to be erected contrary to orders under section 3. Director of Civil Aviation may specify date for demolition or reduction in height of building. Director of Civil Aviation may require marking and lights on buildings. Governor in Council may order provision of marks, lights and beacons. Restriction on use of occulting lights. Power to prohibit lighting. Director of Civil Aviation may prohibit certain lights exposed to sky. Emergency exitinguishment of lights exposed to sky. Power to enter premises to extinguish lights. Director of Buildings and Lands empowered to carry out works. Powers of entry of Director of Buildings and Lands and Director of Civil Aviation. Removal of trees obstructing lights or beacons. Closure orders in relation to building to be demolished or reduced in height. (Cap. 341.) Recovery of cost of works by director of Buildings and Lands. Payment by Government of cost of works. Limitation of public liability. Service of orders and notices. Offences. Right to compensation. Passing of right to compensation in case of disposition of land. Time and manner for making claims, and settlement thereof. Rules for assessment of compensation. (18 of 1935.) (Cap. 7.) Disputes to be determined by Lands Tribunal.

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