ROADS (WORKS, USE AND COMPENSATION) ORDINANCE

ROADS (WORKS, USE AND COMPENSATION) ORDINANCE

LAWS OF HONG KONG

ROADS (WORKS, USE AND COMPENSATION)
ORDINANCE

CHAPTER 370





CHAPTER 370

ROADS (WORKS, USE AND COMPENSATION) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ................................ ... ... ... ... ... ... ... 3
2. Interpretation ............................. ... ... ... ... ... ... ... 3

3. Assumption and delegation by Secretary ..... ... ... ... ... ... ... ... 4

PART II

THE WORKS

4. Minor works ................................ ... ... ... ... ... ... ... 5

5. Major works: The plan and the scheme ....... ... ... ... ... ... ... ... 5

6. Inspection and survey ...................... ... ... ... ... ... ... ... 6

7. Amendment of plan and scheme ............... ... ... ... ... ... ... 6

8. Deposit and publication .................... ... ... ... ... ... ... ... 6

9. Decision not to execute works .............. ... ... ... ... ... ... ... 7

10..........Objections ........................ ... ... ... ... ... ... ... ... ... 7

11. Procedure after publication of plan and scheme ... ... ... ... ... ... ... 8

12..............Exercise of powers ............ ... ... ... ... ... ... ... ... ... 9

13.......................Governor may order resumption of land ... ... ... ... ... ... .... ... 9

14..................Notices of resumption of land ... ... ... ... ... ... ... ... ... ... 10

Is................................Governor may order creation of easements and other rights ... ... ... ... 11

16...........................Notices of creation of easements or other rights ... ... ... ... ... ... 12

17..............Closure of roads etc . ........ ... ... ... ... ... ... ... ... ... ... 13

18.......................Notices of orders made under section 17 ... ... ... .... ... ... ... ... 13

19....................................Inspection and preventive and remedial works on land and buildings ... ... 14

20............Utility services ................ ... ... ... ... ... ... ... ... ... ... 14

21.......................Removal of projections or obstructions ... ... ... ... ... ... ... ... Is

22. Control of building plans and commencement of work ... ... ... ... ... .... 16

23. Resumption of land on application is
24. Obstruction 18

PART III

RIGHTS TO COMPENSATION AND CLAIMS






PROCEDURE

25. No right to compel or restrain ... ... ... ... ... ... ... ... ... ... ... 19
26. No recovery of money except under this Ordinance ... ... . 1 . ... ... ... 19
27. Compensation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 19
28. Claims out of time ... ... ... ... ... ... ... ... ... ... ... ... ... 19
29. Claims procedure ... ... ... ... ... ... ... ... ... ... ... ... ... ... 20
30. Settlement after reference to Lands Tribunal ... ... ... ... ... .. ... ... 22

PARTIV

ASSESSMENT AND AWARD OF
COMPENSATION

31. Jurisdiction of Lands Tribunal ... ... ... ... ... ... ... ... ... 22
32. Payment to mortgagees ... ... ... ... ... ... ... ... ... ... ... ... 23
33. Interest ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 23
34. Compensation payable out of general revenue ... ... ... ... ... ... ... ... 23
35. Surrender of title documents .... ... ... ... ... ... ... ... ... ... ... 23





Section Page
PART V
MISCELLANEOUS
36. Certain statements to be conclusive evidence ... ... ... ... ... ... 24
37. Disposal of lands and easements ... .... ... ... ... ... ... ... ... ... 24
38. Certain Ordinances not to apply ... ... ... ... ... ... ... ... ... ... 24
39-41. [Spent] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 25
42. Transitional ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 25
Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 25





CHAPTER 370

ROADS (WORKS, USE AND COMPENSATION)

To provide for the publication of proposals as to works in relation to
roads, objections to the proposals, authority to carry out the
works andfor the use of roads, powers in relation to the works on
and the use of roads, compensation and connected matters.

[18 June 1982.1

PART I

PRELIMINARY

1. This ordinance may be cited as the Roads (Works, Use and
Compensation) Ordinance.

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

'application' means an application to the Lands Tribunal under section
23(2) or 28(2);

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

'claim' means a claim for compensation under section 29;

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

'compensatable interest' 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 one month or a tenancy or sub-tenancy terminable
(whether by virtue of an Ordinance or otherwise) by either
party by not less than one month's notice;

(b) a mortgagee in possession;

(C)the holder of a valid and subsisting option to purchase an
estate or interest referred to in paragraph (a) or (b);

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

'land' means immovable property;

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

,,owner', in relation to land, means the person holding that land

(a) directly under a Crown lease; or





(b)under another title directly from the Crown registered in the
Land Office;

'sea-bed' includes any Crown land covered with water in any tidal river
or channel connected with the water of Hong Kong;



'Secretary' means the Secretary for Lands and Works;

,,use' means the use of any road, whether before or after the completion
of any works and includes the existence of any road whether or not
in relation to any use to which it is put;

'works' means the construction, renovation, alteration, closure,
maintenance or repair of any road and any operations ancillary
thereto;

'works area' means the land delineated in the plan prepared under
section 5.

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

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

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

(3) The Secretary shall not be obliged to serve any notice on any
person whose address is unknown and cannot be reasonably
ascertained.

(4) A certificate purporting to be signed by a public officer shall be
prima facie evidence of the facts stated therein relating to the service,
giving, publication or affixing of any notice. ,

(5) The title to any land shall not be affected by-

(a) any defect in a notice required under this Ordinance; or

(b)any failure to serve, publish or affix any notice under this
Ordinance.

3. (1) The Secretary may act under this Ordinance in relation to any
works which he proposes be executed by some other person, other than
a public officer as well as in relation to works which he proposes be
executed, on his behalf, by a public officer and this Ordinance shall
apply to these works and the use.

(2) Where the Secretary proposes that any works be executed by
some other person, any compensation payable in respect of those
works shall, subject to any agreement, be payable by the Crown.

(3) The Secretary may in writing authorize any named person either
generally or in any particular case to exercise any of the powers,
functions and duties conferred or imposed upon him under this
Ordinance.





PART 11

THE WORKS

4. (1) The Secretary may execute any works-
(a)which, in his opinion, are minor in respect of any physical
or structural operations involved; and
(b) in respect of which the only powers required by him are-
(i) to close a road which, in his opinion, does not serve,
any useful purpose or does not serve any lawful purpose;
(ii) to close a road to use for a period not exceeding 14
days in any period of 3 months;
(iii) to close part of the width of a road to use but not to
such extent as will interfere unreasonably with the normal
flow of traffic on that road and for no longer than is
reasonably necessary to execute the works.
(2) The works executed under this section, including the
closures mentioned in subsection (1)(b), and the use shall be
authorized under this section.
(3) No person shall have any right against the Crown or any
other person to restrain or compel anything authorized under this
section or to recover any money, under this Ordinance or otherwise,
in respect of anything authorized under this section.

5. Where the Secretary proposes to execute works, other than
under section 4, he shall cause to be prepared-
(a)a plan delineating the works area, being that area within
which land may be resumed, easements or other rights in,
under or over land may be created or rights affected for the
purposes of or incidental to the works or the use; and
(b) a scheme, annexed to the plan, in which he shall-
(i) describe the general nature of the works which he
proposes to carry out and the use to which he intends the
road will be put;
(ii) describe the land which he proposes may be
resumed under section 13;
(iii) describe the land in, under or over which he
proposes there may be created an easement or other
permanent or temporary right under section 15 and
indicate the nature of that easement or right;
(iv) describe any road, Crown foreshore or sea-bed in
respect of which he proposes the Governor may exercise
his powers under section 17 and describe the manner in
which the road, foreshore or sea-bed will be affected;
(v) describe any land or building in respect of which he
proposes he may exercise the powers under section 19 and
describe the general nature of any operations which may
be carried out;





(vi) describe the nature of any apparatus in respect of
which he proposes he may exercise the powers under
section 20;
(vii) describe the land or building in respect of which he
proposes he may exercise the powers under section 21; and
(viii) describe any land or building works in respect of
which he proposes the Building Authority may exercise its
powers under section 22.

6. (1) For the purposes of preparing a plan and scheme
mentioned in section 5 or any amendment or any substitute plan or
scheme and failing agreement with any person affected as to the
grant of the powers required by the Secretary, the Secretary may,
subject to subsection (2), enter any land or building at all reasonable
times and may there-

(a)make any inspection, site investigation or test, including
drilling, excavating and the installation or removal of
instruments;

(b) survey and take levels;

(e) set out any line of works.

(2) The Secretary shall give at least 28 days notice of his
intention to exercise the powers mentioned in subsection (1) and that
notice-

(a) shall describe the purpose of the entry; and

(b)shall be served on the owner and occupier of the land or
building.

(3) Compensation shall be payable in respect of the exercise of
the power mentioned in subsection (1) as it is payable under item 7
of Part 11 of the Schedule in respect of the exercise, of the power
mentioned in section 19.

7. Any plan or scheme prepared for the purposes of section 5
and any marking or endorsement on any such plan may be amended
and any plan or scheme may be replaced by a substitute plan or
scheme but the Secretary shall as soon as practicable cause to be
likewise amended, or replaced with the substitute, every copy
referred to in section 8.

8. (1) A copy of the plan and scheme prepared for the
purposes of section 5 or 7, signed by the Secretary, 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 as the Secretary may
direct, during the hours when those offices are normally open to the
public.
(2) The Secretary shall within 21 days of the deposit of a copy
of a plan and scheme in the Land Office or of any amendment to
such copy or the deposit of a substitute plan and scheme cause a
notice of such deposit or amendment to be published containing-





(a)a description of the general nature of the works or of the
nature and extent of the amendment to the works; and
(b)particulars of the places and times at which a copy of the
plan and scheme, or details of the amendment or a copy of
the substitute plan and scheme may be inspected by the
public in conformity with subsection (1).

(3) The notice mentioned in subsection (2) shall be published-

(a)in 2 issues of the Gazette in both the Chinese and English
languages;
(b) in 2 issues of a Chinese language newspaper;

(c) in 2 issues of an English language newspaper; and
(d)by affixing copies in the Chinese and English languages in
such prominent positions within the works area as may be
appropriate for the purpose drawing the notice to the
attention of the public.

(4) The Secretary shall, by notice in writing, advise the District
Board of the District in which the works are to be situated of the
deposit of the plan and scheme under subsection (1) and, at the same
time, supply that District Board with a copy of the plan and scheme.
(5) A copy of the plan and scheme shall be supplied to any
person on application and payment of the reasonable cost of
producing that copy.

9. Where the Secretary decides not to execute the works in
respect of which a copy of a plan has been deposited under section 8,
he shall, as soon as practicable, cause a notice to that effect to be
published in the manner mentioned in section 8(3); and, upon that
publication, the powers mentioned in section 6(1), 11(7), 13(1),
15(1), 17(1), 19(1), 20(1), 21(1), 22 or 23(1) shall cease to be
exercisable in relation to those works:
Provided that this section shall not affect anything lawfully
done under this Ordinance before that publication or any rights
(including rights to compensation) then accrued under this Ordin-
ance in respect of the exercise of any of those powers.

10. (1) Any person may, by notice in writing delivered to the
Secretary not later than 60 days after the first publication of the
notice mentioned in section 8(2), object to the works or the use or
both and may, where relevant, object to the exercise of the power of
the Secretary under section 42(2).
(2) a notice of objection shall describe the interest of the
objector and the manner in which he alleges he will be affected by the
works or the use.
(3) An objection lodged under this section may be amended or
withdrawn in writing at any time before the works and the scheme
are considered under section 11; and, if withdrawn, shall be treated,
for the purposes of section 11 (1), as not having been lodged.





11. (1) When the time for the lodging of objections has
expired and where no objections have been lodged under section 10,
the Secretary may execute the works; and the works and the use shall
be authorized under this Ordinance.

(2) When the time for the lodging of objections has expired
and where any objection has been lodged under section 10, the
Governor in Council shall consider the plan and scheme and the
objections and may-

(a) decline to authorize the works and the use; or

(b)authorize the works and the use, with or without any
modification and subject to such conditions, as to the
amelioration or avoidance of the effects of works and the
use or otherwise, as the Governor in Council thinks fit. .

(3) Before exercising the power under subsection (2), the
Governor in Council may refer the plan, the scheme and the
objections to the Town Planning Board appointed under the Town
Planning Ordinance and the Board shall, whether or not the works
are shown on any draft plan under that Ordinance-

(a)exhibit and advertise the plan and scheme under section 5
of that Ordinance as if it were a draft plan;

(b)consider the objections lodged under section 10 and any
other objections received by the Board; as if all the
objections were objections to a draft plan sent to the Board
under section 6 of that Ordinance;

(e)report to and advise the Governor in Council on the plan,
the scheme and the objections as the Board thinks fit.

(4) The Governor in Council may reconsider any plan and
scheme and-

(a)authorize the works and the use which the Governor in
Council has previously declined to authorize;

(b)remove or vary any modifications or conditions previously
imposed.

(5) The Governor in Council may, after the expiry of at least 28
days notice served on any person affected, amend any plan and
scheme already considered and authorize the works and use in
accordance with that amended plan and scheme.

(6) Where any objection has been lodged under section 10, the
Secretary may execute the works only to the extent authorized, and
subject to any subsisting modifications or conditions imposed, by
the Governor in Council.

(7) Where any subsisting condition imposed by the Governor
in Council under subsection (2)(b) requires anything to be done by
the Secretary to ameliorate or avoid the effects of the works or the
use-





(a)anything done by the Secretary in compliance with that
condition shall be part of the works;

(b)the Secretary may enter any land or building, after giving at
least 28 days notice to the owner and the occupier, and do
what is required to be done to comply with that condition; and

(c)the condition shall be deemed to have been met if the
condition is met in respect of all the persons for whose benefit
the condition was imposed other than those who waive
compliance in writing.

(8) The notice mentioned in subsection (7)(b) shall-

(a) describe the purpose of the entry; and

(b) be served on the owner and occupier.

(9) Where-

(a)the Secretary proposes to execute the works under subsection
(1); or

(b)the Governor in Council has declined to authorize the works
and the use; or

(c)the Governor in Council has authorized the works and the use;
or

(d)the Governor in Council imposes any modifications or
conditions when authorizing the works and the use; or

(e)any modification or condition previously imposed is removed
or varied,

that fact shall be published in the manner mentioned in section 8(3).

12. Where the Secretary proceeds with the works under section 11
(1) or the Governor in Council authorizes the works under section 11(2),
11(4) or 11(5), then, subject to the terms of the scheme considered or
amended by the Governor in Council and to any subsisting modification
or condition imposed by the Governor in Council, the powers mentioned
in section 11(7), 13(1), 15(1), 17(1), 19(1), 20(1), 21(1), 22 or 23(1) may be
exercised for the purposes of or incidental to the works or the use.

13. (1) The Governor may by order direct that any land proposed
for resumption in the scheme mentioned in section 5 shall be resumed
for the purposes of or incidental to the works or the use.

(2) An order made under subsection (1) shall specify the period of
notice to be given under section 14(2) which period shall

(a)run from the day on which notice of resumption is affixed on or
near the land under that section and in no case expire earlier
than 28 days from that day; and

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





(3) Unless the Governor has previously revoked the order made
under subsection (1), the resumption of the land described in the order
shall be effective upon expiration of the period of notice specified in the
order and, thereupon, that land shall

(a)where it is an undivided share in land, vest in The Colonial
Treasurer 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

(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, easements, rights or
interests of any kind in favour of any person.

(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 Secretary shall, as soon as practicable after land has
vested in The Colonial Tressurer 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.

(6) Upon the vesting under subsection (3)(a) of an undivided share
in land in The Colonial Treasurer 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.

14. (1) Notice of resumption by order made under section 13(1) shall
be

(a)served on every person known to the Secretary as having any
estate, right, share or interest in the land mentioned in the
order;

(b) published-

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

(ii) in one issue ' of a Chinese language newspaper;

(iii) in one issue of an English language newspaper; and

(iv) by affixing a copy in the Chinese and English
languages in a prominent position on or near the land
mentioned in the order; and

(c)made available for inspection by the public free of charge at
such offices of the Government as the Secretary may direct,
during the hours when those offices are normally open to the
public.

(2) A notice of resumption shall-

(a)describe the land to be resumed and state that an order has
been made under section 13(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 (1)(c);
(c)state the day on which the notice was affixed on or near the
land;
(d)state the period of notice specified by the Governor under
section 13(2);
(e)declare that upon the expiry of that period the land
described in the notice shall by virtue of section 13(3)
revert to the Crown or vest in The Colonial Treasurer
Incorporated, as the case may require, for the purposes of
or incidental to the works or the use; and
state that any person entitled to compensation under this
Ordinance may serve a written claim upon the Secretary.
is. (1) The Governor may by order direct that easements or
other permanent rights in, under or over land and rights of tem-
porary occupation of land in the works area which easements and
rights were proposed in the scheme mentioned in section 5 shall be
created in favour of the Crown for the purposes of or incidental to
the works or the use.
(2) An order under subsection (1) shall specify the period of
notice to be given under section 16(2) 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
28 days from that day.
(3) An order made under subsection (1) may contain such con-
sequential 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 any operations or installing, maintaining or removing
any structures or apparatus.
(4) Unless the Governor has previously revoked the order
made under subsection (1), upon the expiry of the period specified
under 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.
(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 at least 28 days' notice of his intention so to do unless
the Secretary is of the opinion that an emergency exists which
necessitates immediate entry.
(6) Notice under subsection (5) shall be served on the owner
and the occupier of the land.





(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.

(8) The Secretary shall, as soon as practicable after an easement or
other permanent right has been created in favour of the Crown under
subsection (4), cause the creation of such easement to be noted in the
register of the land kept in the Land Office.



16. (1) Notice of creation of an easement or right by order-
made under section 15(1) shall be-

(a)served on every person known to the Secretary as having any
estate, right, share or interest in the land mentioned in the
order;

(b) published-

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

(ii) in one issue of a Chinese language newspaper;

(iii) in one issue of an English language newspaper; and

(iv) by affixing a copy in the Chinese and English
languages in a prominent position on or near the land
mentioned in the order; and

(c)made available for inspection by the public free of charge at
such offices of the Government as the Secretary may direct,
during the hours when those offices are normally open to the
public.

(2) 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 15(1);

(b)state where and at what times a copy of the order and a plan of
the land affected by the easement or right may be inspected in
pursuance of subsection (1)(c);

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

(d)state the period of notice specified by the Governor under
section 15(2);

(e)declare that upon the expiry of that period the easement or
right described in the notice shall by virtue of section 15(4) be
created in favour of the Crown for the purposes of or
incidental to the works or the use; and

state that any person having a compensatable interest under
this Ordinance may serve a written claim upon the
Secretary.

(3) Where an order has been made under section 15(1) in respect of
land which was, when the order was made, a road, subsection (1)(a) of
this section shall not apply. (Added, 81 of 1988,s.3)











17. (1) The Governor may, for the purposes of or incidental to the
works or the use, in relation to any road, Crown foreshore or sea-bed
described in the scheme mentioned in section 5, by order

(a) authorize the Secretary to close the road or part thereof;

(b) authorize the Secretary to reclaim the Crown foreshore or
sea-bed;

(c)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
the road, Crown foreshore or sea-bed shall be extinguished,
modified or restricted.

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

(3) This section shall not affect the provisions of the Road Traffic
Ordinance relating to the closure of roads.



18. (1) Notice of an order made under section 17(1) in respect of
any road, foreshore or sea-bed shall be

(a)served on every person known to the Secretary as having any
estate, right, share or interest in the land mentioned in the
order;

(b) published-

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

(ii) in one issue of a Chinese language newspaper;

(iii) in one issue of an English language newspaper; and

(iv) by affixing a copy in the Chinese and English
languages in a prominent position on or near the land
mentioned in the order; and

(c)made available for inspection by the public free of charge at
such offices of the Government, as the Secretary may direct
during the hours when those offices are normally open to the
public.

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

(a)state that an order has been made under section 17(1) and
describe the area of the road, foreshore or sea-bed 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 the road, foreshore or sea-bed may be
inspected pursuant to subsection (1)(c);

(d)state the day on which the notice was affixed on or near the
land; and





(e)state that any person having a compensatable interest under
this Ordinance may serve a written claim upon the Secretary.

19. (1) Failing agreement with any person affected as to the grant of
the powers required by the Secretary, the Secretary may enter any land
or building described in the scheme mentioned in section 5 and situate
wholly or partly within the works area or wholly or partly within 70
metres thereof for the purpose of

(a)making any inspection, valuation, site investigation or test,
including drilling, excavation or the installation or removal of
instruments;

(b) surveying or taking levels;

(c) setting out any line of works,

in connexion with the works, the use, an assessment of the value of any
land, building or other property or in order to ascertain the condition of
the land or building; and the Secretary may also enter any such land or
building and carry out, at the cost of the Crown, all reasonably
necessary operations of a preventive or remedial nature.

(2) No person shall, for the purposes of subsection (1), enter any
land or building which is occupied without giving least 28 days' notice
of his intention so to do, unless the Secretary is of the opinion that an
emergency exists which necessitates immediate entry.

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

(a)shall describe the purpose of the entry and the nature of any
operations to be carried out; and

(b)shall be served on the owner and the occupier of the land or
building.

(4) In subsection (1) 'operations of a preventive or remedial
nature' means 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 by the works or the use.

(5) The decision of the Secretary that any operations are of a
preventive or remedial nature or that such operations are reasonably
necessary shall be final.

(6) The Secretary may, as occasion may require, enter 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, subject to subsection (2), as often as occasion
may require.

20. (1) The Secretary may give notice to the owner of any gas,
electricity, water or telecommunication service apparatus situated on
any unleased Crown land requiring him, at his own expense (subject to
any contract between that owner and the Crown), to alter





the course or position of any wire, line, cable, pipe, tube, casing, duct,
post or other apparatus the nature of which was described in the
scheme mentioned in section 5 and which belongs to or is maintained by
that owner and to repair any road surface thereby disturbed if in the
opinion of the Secretary such alteration and repair is required for the
purposes of or incidental to the works or the use.

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

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

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

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

(3) The period mentioned in subsection (2)(b) shall be a period
which is reasonably necessary for the carrying out of the Secretary's
requirements as mentioned in subsection (2)(a) and, before stipulating a
period, the Secretary shall consult the owner of the apparatus to which
the notice applies.

(4) If the owner does not comply with the notice given to him under
subsection (1), the Secretary may carry out the operations mentioned in
that notice and, subject to any contract between that owner and the
Crown, recover the cost thereof from the person to whom the notice was
given.

21. (1) The Secretary may give notice to the owner of any land or
building described in the scheme mentioned in section 5 requiring him
to remove any object or structure described in the notice which is
attached to or projects from the land or building if in the opinion of the
Secretary the removal of the object or structure is necessary for the
purposes of or incidental to the works or the use.

(2) A copy of the notice under subsection (1) shall be given to any
occupier of the land or building known to the Secretary.

(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 and occupier of the land or building not
later than 28 days before the commencement of that period;
and

(d)state that any person having a compensatable interest under
this Ordinance may serve a written claim upon the Secretary.





(4) If the owner of the land or building does not comply with a
notice given to him under subsection (1), the Secretary may enter
the land or building, 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 at the expense of
the Crown.

(5) An object or structure removed under subsection (4),
whether or not it was erected or maintained in contravention of any
Ordinance or Crown lease or other instrument under which the land
is held, may be disposed of as the Secretary thinks fit.

22. (1) Notwithstanding the Buildings Ordinance, where the
Building Authority is of the opinion that any building works on land
described in the scheme mentioned in section 5 would be incompati-
ble with the works or the use, he 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)if there is no subsisting consent to the commencement of
the building works, withdraw any approval which he has
or is deemed to have given to any plan;

(e)require the amendment of any plan relating to the building
works;

(d)impose conditions, whether as to time or otherwise, on the
giving of approval to plans relating to the building works
or consent to commence such works.

(2) The carrying out of any building works-

(a)contrary to any refusal under subsection (1)(a) or follow-
ing any withdrawal of approval under subsection (1)(b); or

(b)otherwise than in accordance with any plan amended
under subsection (1)(c) or condition imposed under sub-
section (1)(d),

shall, for the purposes of sections 23 and 24 of the Buildings
Ordinance, be deemed to constitute a contravention of that Ordin-
ance.

(3) The powers of the Building Authority under this section
shall arise as soon as a plan, a substitute plan or an amendment to a
plan has been deposited under section 8(1):

Provided that, as soon as reasonably practicable after the
Governor in Council has made a decision under section 11(2) or
11 (4), the Building Authority shall-

(a) review his action under subsection (1);

(b) vary such action so that it is consistent with that decision.





(4) Where the Building Authority acts under subsection (1), he
shall advise the person who intends to carry out the building works of
the particulars in respect of which he is of the opinion that the building
works would be incompatible with the works or the use.

(5) Where-

(a)the Building Authority refuses, under subsection (1)(a), to
give his approval to any plan or to consent to the
commencement of the building works or withdraws, under
subsection (1)(b), any approval; and

(b)he maintains a refusal or withdrawal after reviewing his action
under the proviso to subsection (3); and

(c)he advises, under subsection (4), that any building works on
the land specified by him would be incompatible with the
works or the use; and

(d)the building works and any plan relating thereto are consistent
with the Crown lease or other instrument under which the land
is held and with any law or requirement made under any law,

the owner of that land may, by notice in writing to the Secretary, require
that the land mentioned in paragraph (c) be resumed under this
Ordinance.

(6) Where-

(a)the Building Authority imposes, under subsection (1)(d), a
condition delaying building works; and

(b)he maintains that condition after reviewing his action under
the proviso to subsection (3); and

(c)he advises, under subsection (4), that, for the time being,
building works on the land specified by him would be
incompatible with the works or the use; and

(d)he does not, on application in writing made not less than 2
years after imposition of that condition, grant approval and
consent to commence the building works to allow them to
commence within 12 months; and

(e)the building works and any plan relating thereto are
consistent with the Crown lease or other instrument under
which the land is held and with any law or requirement made
under any law,

the owner of that land may, by notice in writing to the Secretary, require
that the land mentioned in paragraph (c) be resumed under this
Ordinance.

(7) Where the owner gives notice under subsection (5) or (6), the
Governor shall, unless the notice is withdrawn, make an order under
section 13(1) in respect of the land mentioned in paragraph (c) of
subsection (5) or (6) not more than 28 days after receipt of the notice by
the Secretary, and the period of notice specified in the order under
section 13(2) shall be not longer than 28 days.





(8) Where-

(a)the Building Authority imposes, under subsection (1)(d), a
condition delaying building works; and

(b)he maintains that condition after reviewing his action under
the proviso to subsection (3); and

(c)he advises, under subsection (4), that, for any period specified
by him, building works on the land specified by him would be
incompatible with the works or the use; and

(d)the building works and any plan relating thereto are consistent
with the Crown lease or other instrument under which the land
is held and with any law or requirement under any law,

any person having a compensatable interest in that land may apply to
the Governor in Council for an order that the land mentioned in
paragraph (c) be resumed under this Ordinance and the Governor in
Council may, if he thinks it just and equitable to do so, make such an
order.

(9) Where the Governor in Council makes an order under
subsection (8), the Governor shall make an order under section 13(1) in
respect of the land mentioned in paragraph (c) of subsection (8) not
more than 28 days after the order under subsection (8) and the period of
notice specified in the order under section 13(2) shall be not longer than
28 days.

23. (1) Where any land is resumed under section 13, any road is
closed or any private right extinguished, modified or restricted under
section 17 and the Governor is of the opinion that

(a)that land, road or right is reasonably necessary to the use and
enjoyment of any contiguous or adjacent land; and

(b)it would be just and equitable to make an order under this
subsection,

the Governor may, on the application of any person having a
compensatable interest in that contiguous or adjacent land, make an
order under section 13(1) in-respect of that continguous or adjacent
land, whether or not it is within the works area.

(2) Any person aggrieved by a decision of the Governor under
subsection (1) not to make an order under section 13(1) may apply to the
Lands Tribunal to review such decision.

(3) Upon an application under subsection (2), the Lands Tribunal
may, if it is satisfied as to the facts mentioned in subsection (1), make an
order under section 13(1) in respect of the contiguous or adjacent land,
whether or not it is within the works area.

24. Any person who wilfully obstructs any person lawfully
exercising or performing any power, duty or function arising under this
Ordinance shall be guilty of an offence and shall be liable on conviction
to a fine of $5,000 and to imprisonment for 1 year.





PART III

RIGHTS TO COMPENSATION AND CLAIMS
PROCEDURE

25. No person shall have any right against the Crown or any other
person to restrain or compel anything authorized under this Ordinance.

26. No person shall have any right against the Crown or any other
person to recover any money

(a) in respect of any use authorized under this Ordinance; or

(b)in respect of any works or anything else authorized under this
Ordinance except to the extent of the rights to compensation
provided for in section 27.

27. (1) The compensation referred to in section 26 is the right to
recover over from the Crown for the matters set out in the first column
of Part 11 of the Schedule a sum assessed on the basis specified
opposite thereto in the second column thereof and with regard to the
provisions of Part I of the Schedule, subject to

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

(b) the other provisions of this Ordinance.

(2) Every person who is described in the third column of Part 11 of
the Schedule shall have the right to recover compensation for the
matters set out opposite thereto in the first column to the extent
suffered or incurred by him as assessed under this Ordinance.

(3) The rights to compensation mentioned in the Schedule shall
exist in addition to any benefit accruing to a claimant as a result of the
implementation of any subsisting conditions imposed by the Governor
in Council under section 11(2).

28. (1) Subject to subjection (2), if a claim or an amendment
thereto is not served on the Secretary before the expiration of the
period specified in the fourth column of Part II of the Schedule in
respect of that matter, 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 Secretary by the applicant.

(4) The Lands Tribunal may extend the period within which a claim
must be served upon the Secretary 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 11 of the 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
compensation first arose.



29. (1) Any person who claims to be entitled to compensation
under this Ordinance shall serve upon the Secretary 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 claim relates
including any covenants, easements, rights or restrictions
affecting the same;

(e)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 let 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) the amount of the claim;

(ii) under which item of Part II of the Schedule the claim is
made; and

(iii) how the amount claimed under each item is calculated.

(2) The Secretary 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 in the Lands Tribunal and the Secretary considers the
amendment to be substantial, the Secretary may, within 28 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 Secretary, and this section shall apply accordingly.

(4) The Secretary 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
Secretary within a period of 28 days from the date of the notice, or
within such further period as the Secretary 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 Secretary shall within 6 months of the service of a
claim on him or, if he has requested further particulars under
subsection (4) within 6 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:

Provided that the Secretary may at any time state further
reasons for rejection of claim.

(6) Where the Secretary 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 Secretary may-

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

(b)commence proceedings in the Lands Tribunal, to have the
claim or any part thereof in respect of which no offer is
made heard and determined by it in accordance with this
Ordinance;

(c)commence such proceedings in the Lands Tribunal where
any offer under paragraph (a) is not accepted by the
claimant within 28 days of the date of the offer.

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

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

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

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

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





30. (1) At any time after proceedings have been commenced in the
Lands Tribunal but before compensation is finally assessed the
Secretary may make an offer in writing of the kind described in section
29(6)(a) or the claimant may by notice to the Secretary state 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 Secretary pursuant to section
29(6)(a) or by the Secretary or the claimant pursuant to subsection (1) is
not acceped 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 Secretary has made any offer under section 29(6)(a)
or subsection (1), including costs as agreed or taxed, which is not
accepted by the claimant and the compensation assessed by the Lands
Tribunal does not exceed the amount of compensation comprised in the
offer, the Lands Tribunal shall, unless for special reason it thinks it
proper not to do so, order the claimant to bear his own costs and to pay
the costs of the Secretary in so far as the costs are incurred after the
making of the offer.

(4) Where the claimant states a sum which he is willing to accept
under subsection (1) which is not paid by the Secretary and the
compensation assessed by the Lands Tribunal is not less than that sum,
the Lands Tribunal shall, unless for special reason it thinks it proper not
to do so, order the Secretary to bear his own costs and to pay the costs
of the claimant.

PART IV

ASSESSMENT AND AWARD OF
COMPENSATION

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

(a)all claims for compensation which the. Secretary or the
claimant may refer to it under section 29(6) or (7); and

(b) applications provided for by sections 23(2) and 28(2).

(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 32.





32. (1) Subject to subsection (2), Tort a of land which reverts to the
Crown or vests in The Colonial Treasurer Incoporated 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.

(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 ions
(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 Supreme Court under subsection (4).

(4) The claimant or any mortgagee may apply to the Supreme 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).

33. The Lands Tribunal may direct that interest be paid on
compensation (but not on costs)

(a)in the case of compensation payable under item 1 of Part II of
the Schedule, as if the claim were made under the Crown Lands
Resumption Ordinance for land resumed under that Ordinance;
and

(b)in any other case, from such date and for such period as it
thinks fit and at such rate as it may fix but not below the
lowest rate payable during that period by members of the
Hong Kong Association of Banks on time deposits.

34. All compensation (including any interest thereon) and all costs

(a) agreed to be paid to the claimant by the Secretary; or

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

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

35. The Secretary may require any claimant to whom compensation
is payable for land resumed under this Ordinance to surrender his
documents of title to the Secretary as a condition of payment being
made; and in any case where the documents of title relate also to land
not resumed, the Secretary shall return them to the claimant after the
resumption has been noted in the register of the land kept in the Land
Office.





PART V

MISCELLANEOUS

36. Where it is stated-

(a)in any order under section 13(1), 15(1) or 17(1) respectively
that

(i) the resumption of land;

(ii) the creation of an easement or other right; or

(iii) the closure, reclamation, extinction, modification or
restriction,

is ordered, authorized or declared for the purposes of or
incidental to the works or the use; or

(b)in a notice under section 19, 20 or 21 that the entry or the work
therein described or required to be carried out is, in the opinion
of the Secretary, in connexion with the works, the use, an
assessment of the value of any land, building or other property
or in order to ascertain the condition of the land or building or
necessary or required for the works or the use; or

(c) by the Secretary that-

(i) any works are minor in respect of any physical or
structural operations involved; or

(ii) a road does not serve any useful purpose or does not
serve any lawful purpose,

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

37. Any land resumed or any Crown foreshore or sea-bed reclaimed
or any easement or other right created under this Ordinance and any
land which becomes vested in The Colonial Treasurer Incorporated
may be used in such manner as the Crown or The Colonial Treasurer
Incorporated thinks fit and may be disposed of to any person by any
means and on any terms whatsoever:

Provided that, before disposing of any land resumed under this
Ordinance to any other person, the Crown shall give proper consi-
deration to offering that land back to the person for whom it was
resumed.

38. Except to the extent that provision is otherwise made in this
Ordinance

(a)the Crown Lands Resumption Ordinance shall not apply to
the resumption of any land ordered under section 13 nor to
any claim for or determination, award or payment of
compensation for such resumption;

(b) the Public Reclamations shall not
apply to an order made under section 17(1) nor to the
implementation or effects thereof, and





(c)the Buildings Ordinance shall not apply to the works or use
for the purpose of giving rise to any claim for compensation.

39-41. [Spent]

42. (1) Notwithstanding the repeal ofthe Streets (Alteration)
Ordinance and subject to subsection (2) of this section, that Ordinance
shall continue to apply to any works included in an undertaking in
respect of which a notice has been published under section 3 of that
Ordinance.

(2) Notwithstanding anything done under section 3 of the repealed
Streets (Alteration) Ordinance and subject to subsection (3) of this
section, the Secretary may cease to act under that Ordinance and act
under section 4 or 5 of this Ordinance in relation to any works if, and
only if, no authority has been given under section 6 of that Ordinance in
respect of any undertaking which includes those works.

(3) Where an undertaking which has been authorized under section
6 of the repealed Streets (Alteration) Ordinance is abandoned and the
Secretary proposes to carry out any works in place of and substantially
different to the abandoned undertaking, he may act under section 4 or 5
of this Ordinance in relation to those works.

(4) Where, under subsection (2) or (3) of this section, the Secretary
acts under section 4 or 5 of this Ordinance in relation to any works, this
Ordinance shall apply to those works; and no. person shall have any
right against the Crown or any other person in relation to those works
except under this Ordinance.

(5) [Deleted 51 of 1982, s. 2].

SCHEDULE [ss. 27 & 28.1

PART I

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

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

2. In this Schedule-

'date of resumption' means the day on which land reverts to the Crown or vests in

The Colonial Treasurer Incorporated under section 13(3);



'disturbance'means the dispossession of a person of land or the interruption of or
interference with a trade or business, whether such dispossession, interruption or
interference is temporary or permanent;

'disturbance payment' means a sum equal to--

(a)the expenditure and loss of money actually and reasonably incurred or to
be reasonably incurred and arising from the dispossession of a person of
land by reason of the matter for which the claimant is entitled to claim
compensation under Part II of the Schedule; and





(b)in the case of disturbance of a trade or business on any land, the
expenditure and loss of money actually and reasonably incurred or to be
reasonably incurred and arising from the disturbance of that trade or
business by reason of the matter for which the claimant is entitled to
claim compensation under Part II of the Schedule:

Provided that a disturbance payment shall not include any expenditure or
loss which would not be recoverable, on the grounds that the expenditure or
loss was too remote or was not caused by the disturbance, if that disturbance
were a tort:

'open 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. Subject to paragraphs 8 and 10, where the open market value of any land is
relevant for the purposes of assessing compensation under this Ordinance, no
account shall be taken of any increase or decrease in that value which is attributable
to anything done or proposed to be done under this Ordinance or to the use.

4. (1) For the purposes of assessing the amount to be awarded to a claimant in
respect of a disturbance payment, the Lands Tribunal shall, in respect of any
expenditure or loss to be incurred and in respect of which the claimant is entitled
under this Ordinance to be compensated, assess the value of that expenditure or loss
at the time of the award as if that expenditure or loss formed part of a claim for
damages in tort.

(2) No disturbance payment shall be payable in respect of any interference
with a trade or business in any case in which such interference does not subsist for a
period exceeding 14 days.

5. Compensation maybe reduced so far as maybe just and equitable 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 or
to a contravention of a Crown lease or other instrument under which land built
upon is held.

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

7. Where a sign advertising any business, product, service or activity is
removed under section 21, nothing in item 8 of Part II of this Schedule shall be
construed as conferring upon any person a right to compensation for the loss of
any benefit which might have accrued to him from the advertising of that business,
product, service or activity if the sign had not been removed.

8. Where compensation under item 2, 3, 4, 5, 8 or 9 of Part II of this Schedule
has been paid in respect of the diminution in value of any land and such land or part
thereof is subsequently resumed by the Crown under this Ordinance or any other
enabling power, then notwithstanding paragraph 3 of this Part of this Schedule or
any other provision of law to the same or similar effect, that diminution in value
shall be taken into account to reduce the compensation for the resumption of that
land in so far as it was taken into account in the assessment of compensation for
the diminuting in value thereof.

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

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

(b)compensation received by a mortgagee in possession shall be applied by
him firstly, to the settlement or reduction of the debt due under the






mortgage and then to the payment of any excess to the mortgagor.

10. Compensation shall be payable under item 9 of Part 11 of this Schedule
only to the extent that the carrying out of building works in accordance with an
amendment required, or condition imposed, under section 22(1)(c) or (a) does not
increase the open market value of the land on which the building works are carried
out.





11. Where there is a dispute between persons owning compensatable interests
in any land or building as to the apportionment of the compensation payable or
paid, the Lands Tribunal shall, on the application of any such person, apportion
that compensation amongst such persons in such manner as may be just and
equitable having regard to their respective rights and interests in the land or
building.



12. Where, under the second column of Part II of this Schedule,
compensation is to he assessed on the basis of the value of land or the value of a
claimant's interest in land, or of a rent, that value or that rent shall be assessed as
at the date of the happening of the relevant event mentioned in the first column
of Part II of this Schedule; and the person entitled to claim shall be the person
fitting the description mentioned in the third column of Part II of this Schedule on
that date.

13. Nothing in this Ordinance shall enable any person to recover
compensation

(a) in respect of a loss or expense which he has not suffered or incurred; or

(b) which is greater than the loss suffered or expense incurred by him:

Provided that in assessing compensation under this Ordinance, no account
shall be taken of any amount recovered by the claimant under a policy of
insurance.

14. Where, under thisOrdinance, a person is entitled to claim compensation
and that compensation is to be assessed on the basis of an expense incurred, the
Crown may, on written notice to that person, carry out the operations in respect
of which the expense would otherwise be claimable.

PART II

Matters for which Basis Persons who may Period within which
is on which claim compensation the claim must be
ai may compensation is
be claimed to be assessed respective losses Secretary

for their served on the

1 . The resumption of As if the claim were Any person who would Before the expiration of
land under section 13. made under the Crown be entitled to claim 1 year from the date of

Lands Resumption compensation for land resumption.
Ordinance for land resumed under the
resumed under that Crown Lands
Ordinance. Resumption Ordinance
if the land had
been resumed thereunder.

2. (a) The creation of an (a) (i) In the case of an (a) Any person owning (a) Before the expiration

easement or other easement or othera compensatable of 1 year from the
permanent right permanent right, the interest in the land. date on which the
or a right of amount by which easement or right is
temporary the open market created.
occupation under value of the claim-
section 15. ant's interest in the
land is diminished.
(ii) In the case of
the creation of a
right of temporary
occupation, the






amount of an open
market rent for
claimant's interest in
the land occupied
during the period of
the easement.

(b) Disturbance (b) A disturbance (b) Same as in item 2(a). (b) Same as in item 2(a).
resulting from the payment.
creation of an
easement or other
permanent right
or a right of tem-
porary occupation
under section 15.





Matters for which Basis on whichPersons h-ho may Period within which
compensation may, compensation isclaim compensation the claim must be
be claimed to be assessed for their served on the

respective losses Secretary
3. (a) The extinction, by (a) The expense fairly (a) Any person owning (a)
Before the expiration
the operation ofand reasonably a compensatable of 1 year from the
section 13(3), ofincurred in interest in the land' date of resumption
any easement in remedying or not resumed. of the adjacent or
favour of land notmitigating the contiguous land.
resumed when effect ofthe extinc-
adjacent or tion ofthe easement.
contiguous landas far as may be
is resumed. practicable, and any
diminution in the
open market value
of the claimant's
interest in the land
not resumed after
such expense h
been incurred.

(b) Distribance (b) A disturbance (b) Same as in item 3(a). (b) Same as in item 3(a).
resulting from the payment.
extinction of that
easement.

4. The closure of, or (a)The expense fairly Any person owning a Before the expiration of
extinction, modification and reasonably compensatable interest in 1 year from the closure,
or restriction of a incurred in the land. extinction, modification
private right in respect remedying or or restriction.
of, a road or part of a mitigating the effect
road under section 17, of such closure,
so that access to any extinction,
land is adversely modification or
affected. restriction, as far as
may be practicable,
and any diminution
in the open market
value of claim-
ant's interest in the
land after such
expense has been
incurred.
(b) A disturbance
payment.

5. (a) The extinction, (a) The amount which is (a) Any person in whom (a) Before the expiration

modification or fairly and reasonably the private right is of 1 year from the
restriction of any assessed to be the vested. date of extinction,
private right over open market value modification or res;-
Crown foreshore ofthe right and, triction.
or sea-bed under where the claimant
section 17. has a compensacable
interest in
contiguous or
adjacent land, any
diminution in the
open market value
of that interest.

(b) Disturbance (b) A disturbance (b) Same as in item 5(a). (b) Same as in item 5(a).
resulting frompayment.






that extinction,
modification or
restriction.

6. (a) Physical or (a) The expense which is (a) Any person owning (a) Before the expiration

structural damage fairly and reasonably a compensatable of 1 year from the
to any land or incurred in repairing interest in the land date of the comple-
building resulting the damage and any or building. tion of the works.
from the works. expense fairly and
!easonably incurred
in preventing or
mitigating the
damage.

(b) Disturbance (b) A disturbance (b) Same as in item 6(a). (b) Same as in item 6(a).
resulting from the payment.
structural damage
mentioned in item
6(a).

7. (a) Physical or (a) The expense which is (a) Any person owning (a) Before the expiration

structural damage fairly and reasonably a compensatable of 1 year from the
to any land or incumd in repairing interest in the land date ofcompletion of
building resulting the damage and any or building. the opffations car-
from the exercise expense fairly and ried out under sec-
of any power con- reasonably incurred tion 19 from which
tained in section in p venting or the damage is alleged
19. mitigating the to have resulted.
damage.





Mattersfor which Basis on which Persons who may Period within which
compensation may cownsation isclaim compensation the claim mot be
3 for their served on the
be claimed to assessed respective losses Secretary

(b) Disturbance (b) A disturbance (b) Same as in item 7(a). (b) Same as in item 7(a).
resulting from the payment.
exemse of any
power contained in
section 19.

8. (a) The removal, (a) Any diminution in (a) Any person owning (a) Before the expiration

under section 21, the open marketa compensatable of 1 year from the
of any object or value of the claim- interest in the land date of removal.
structure which ant's interest in the or building.
was erected and land or budding; and
maintained the expense which is
without the fairly and reasonably
contravention of incurred in moving
any Ordinance or the object or struc-
Crown 1~. ture and making

uod that part of the
ilding from which
it is removed.

(b) Reinstating an (b) The expense fairly (b) Same as in item 8(a). (b) Before the c tion
object or structure and reasonably of 1 year the
described in item, incurred in so doing date of reinstatement
(a) above or of in so far as that or replacement.
replacing the same expense is not taken
with a similar into account under
object Or item 8(a).
structure.
(c) The loss sustained (c) The amount which is (c) Any person owning
(c) Before the expiration

in respect of an fairly and reasonably a share or interest in of 1 year from the
object or structure estimated as the the object or struc- date ot removal.
which was erected value of the object ture.
and maintained or structure.
without the
contravention of
any Ordinance or
Crown 1~ and
is not to be rein-
stated or replaced
with a similar
object or
structure.

(d) Disturbance (d) A disturbance (d) Same as in item 8(a). (d) Same as in item 8(a).
resulting from the payment.
exercise of any
power contained in
section 21.

9. An amendment The amount which isTle owner ofthe land onBefore the expiration of 1

required or a condition fhirly and reasonably which the building works year from the completion

imposed, under section estimated as the loss to are carried out. ofthe building.

22(1)(c) or (d) (other the claimant, including-






than a condition men- (i) any additional
tioned in section expense fairly and
22(6)), to avoid w re nably incurred
incompatability ith inasorrying out
ca
the works. building works; and

(ii) in respect of
professional fees and
expenses,

which loss, expense, fees
and expenses am
attributable solely to
compliance with the
amendment required or
the condition imposed.
Originally 37 of 1982. 51 of 1982. Short title. Interpretation. (Cap. 123.) Assumption and delegation by Secretary. Minor works. Major works: The plan and the scheme. Inspection and survey. Schedule. Amendment of plan and scheme. Deposit and publication. Decision not to execute works. Objections. Procedure after publication of plan and scheme. (Cap. 131.) Exercise of powers. Governor may order resumption of land. (Cap. 28.) Notices of resumption of land. Governor may order creation of easements and other rights. Notices of creation of easements or other rights. Closure of roads etc. (Cap. 220.) Notices of orders made under section 17. Inspection and preventive and remedial works on land and buildings. Utility services. Removal of projections or obstructions. Control of building plans and commencement of work. (Cap. 123.) Resumption of land on application. Obstruction. No right to compel or restrain. No recovery of money except under this Ordinance. Compensation. Schedule. Claims out of time. Schedule. Claims procedure. Settlement after reference to Lands Tribunal. Jurisdiction of Lands Tribunal. Payment to mortgagees. Interest. (Cap. 124.) Compensation payable out of general revenue. Surrender of title documents. Certain statements to be conclusive evidence. Disposal of lands and easements. Certain Ordinances not to apply. (Cap. 124.) (Cap. 113.) (Cap. 123.) Transitional. (Cap. 130, 1974 Ed.) General effect of this Part. (Cap. 124.) Definitions applicable to Part II. Fluctuations in value of land. Disturbance payments. Unlawful building works. (Cap. 123.) Compensation where damage results only partly from the works. No compensation under item 8 for loss of advertising. Set off where compensation paid for loss of value and land later resumed. Claim by a mortgagee in possession. Limitation on compensation payable under item 9. Apportionment of compensation. Date of valuation and interest. No double compensation. Crown may undertake work. (Cap. 124.)

Originally 37 of 1982. 51 of 1982. Short title. Interpretation. (Cap. 123.) Assumption and delegation by Secretary. Minor works. Major works: The plan and the scheme. Inspection and survey. Schedule. Amendment of plan and scheme. Deposit and publication. Decision not to execute works. Objections. Procedure after publication of plan and scheme. (Cap. 131.) Exercise of powers. Governor may order resumption of land. (Cap. 28.) Notices of resumption of land. Governor may order creation of easements and other rights. Notices of creation of easements or other rights. Closure of roads etc. (Cap. 220.) Notices of orders made under section 17. Inspection and preventive and remedial works on land and buildings. Utility services. Removal of projections or obstructions. Control of building plans and commencement of work. (Cap. 123.) Resumption of land on application. Obstruction. No right to compel or restrain. No recovery of money except under this Ordinance. Compensation. Schedule. Claims out of time. Schedule. Claims procedure. Settlement after reference to Lands Tribunal. Jurisdiction of Lands Tribunal. Payment to mortgagees. Interest. (Cap. 124.) Compensation payable out of general revenue. Surrender of title documents. Certain statements to be conclusive evidence. Disposal of lands and easements. Certain Ordinances not to apply. (Cap. 124.) (Cap. 113.) (Cap. 123.) Transitional. (Cap. 130, 1974 Ed.) General effect of this Part. (Cap. 124.) Definitions applicable to Part II. Fluctuations in value of land. Disturbance payments. Unlawful building works. (Cap. 123.) Compensation where damage results only partly from the works. No compensation under item 8 for loss of advertising. Set off where compensation paid for loss of value and land later resumed. Claim by a mortgagee in possession. Limitation on compensation payable under item 9. Apportionment of compensation. Date of valuation and interest. No double compensation. Crown may undertake work. (Cap. 124.)

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