4
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he is satisfied that such person is qualified to
exercise such powers and functions.".
Amendment of First Schedule.
7. Part I of the First Schedule to the principal
Ordinance is amended in items 11 and 12 by inserting,
after "stages 1 to 4", the following --
"and stage 6".
Explanatory Memorandum
Clauses 2, 3 and 7 extend the application
of the provisions of the principal Ordinance to stage
6 of the modified initial system of the Mass Transit
Railway
that is, to the proposed Tsuen Wan extension.
Section 21 of the principal Ordinance
prescribes the procedure for claims for loss and damage
under that Ordinance. Subsection (5) which in general
requires such claims to be admitted or rejected within
3 months is too inflexible in relation to claims for
structural damage. Clauses 4 and 5 of this Bill
accordingly terminate the application of subsection (5)
to claims for structural damage and make amendments
wholly consequential to this. Only the procedure in
relation to such claims is affected, and not the right
to compensation. The procedure in relation to other
sorts of claims is not affected e.g. for land resumption
or street closure; nor is the existing safeguard
enabling any claimant to commence proceedings in the
Lands Tribunal if his claim is not settled within 4
months of its receipt.
{