A168
Ord. No. 39/80
Registration of
order to be
advertised
in press.
(Cap. 128.)
Rectification etc. of approved scheme.
(Cap. 128.)
ELECTRICITY NETWORKS (STATUTORY
EASEMENTS)
6. (1) Where an order made under section 3 is registered under the Land Registration Ordinance, the power company specified in the order shall, once in each of 2 consecutive weeks, publish in 2 Chinese language newspapers and an English language newspaper an advertisement contain- ing the matters specified in subsection (2) in respect of such order:
Provided that—
(a) such period of 2 consecutive weeks shall, for the purposes of this section, be deemed to commence on the date of publication of the first such advertisement;
(b) the first such advertisement shall be so published not later than
14 days after the date of registration of such order.
(2) An advertisement published under this section shall contain- (a) a statement of the fact that an order made under section 3 has
been registered under the Land Registration Ordinance;
(b) the number and date of the order, the date of registration and
the number of the memorial thereof;
(c) particulars of the land affected by the order;
(d) a statement of the rights exercisable in or over such land under
this Ordinance;
(e) the name and business address of the power company specified
in the order; and
(f) a statement that claims for compensation under section 10 may be submitted in writing to the company at that address not later than 12 months after the date of registration of the order and, if the parties fail to agree, to the Lands Tribunal for final determination.
7.
(1) The Governor may, at the request in writing (addressed to the Secretary for the Environment) of a power company specified in an order made under section 3, direct that the terms of the approved scheme in respect of which the order is made shall be rectified, modified or varied in such manner and to such extent as may be agreed in writing by the company and the Secretary for the Environment, and any such agreement shall be deposited in the Land Office and annexed to the copy of the scheme deposited therein under section 3(2).
(2) Where an agreement for the rectification, modification or varia- tion of the terms of an approved scheme is deposited in the Land Office under subsection (1), the Governor may by order declare that, subject to subsection (3), the approved scheme shall have effect subject to such rectification, modification or variation, as the case may be; and any reference in this Ordinance or any order thereunder to an approved scheme shall be construed as including a reference to an approved scheme as so rectified, modified or varied.
(3) Where the terms of an approved scheme are rectified, modified or varied by an order made under subsection (2) in such manner or to such extent that-
(a) any part of the route of the electricity network comprised in the
scheme is altered; or
(b) any reference therein to land is added or substituted,
the rights conferred by section 4 shall not be exercisable in or over any land affected by the part of the route which is so altered or in respect of which such reference is so added or substituted unless the order is registered under the Land Registration Ordinance.
ELECTRICITY NETWORKS (STATUTORY
Ord. No. 39/80
A169
EASEMENTS)
(4) Sections 5(2) and 6 shall apply in relation to the registration of an order made under subsection (2) as they apply in relation to the registration of an order made under section 3.
8. (1) Subject to this Ordinance, where--
Right of access over
(a) a power company specified in an order made under section 3 other land.
intends to carry out any works relating to the electricity network in respect of which the order is made; and
(b) it is necessary for that purpose for the company's officers, servants or agents or other persons authorized by the company to enter on and cross over any land in order to gain access to the site of such works,
the company, its officers, servants or agents or other persons authorized by the company in that behalf may enter on and cross over such land to and from such site with such persons, animals, vehicles and equipment as may be necessary for or incidental to the carrying out of such works.
(2) Nothing in this section shall apply to unleased land within the meaning of the Crown Lands Ordinance which is not occupied under (Cap. 28.) Part II of that Ordinance.
of rights
9. (1) Subject to this section, a power company shall, before Restrictions exercising any right conferred by section 4 or 8 in respect of any land, on exercise serve notice of its intention to do so on the owner of the land; and for the purposes of this section notice shall be deemed to have been duly 4 or 8. served on the owner of land if, but only if-
(a) it is delivered to him; or
(b) it is sent by registered post addressed to him at his last postal
address known to the power company; or
(c) where the owner is not known or cannot be found or for any reason it is not practicable to serve the notice in accordance with paragraph (a) or (b), it is published-
(i) in the Gazette; and
(ii) in 2 Chinese language newspapers and an English language newspaper,
not less than 30 days prior to the exercise of such right:
Provided that in the case of emergency, a power company intending
to exercise any such right in respect of any land may notify the owner of such land of its intention in such manner as the power company may deem practicable in the circumstances of the case, and subsections (2), (3) and (4) shall not apply to such case.
(2) Where the owner of any land on whom notice is served by a power company under subsection (1) wishes to object to the exercise by the power company of any rights to which the notice refers, he shall, before the expiration of the period of such notice, notify the power com- pany in writing of his objection and the grounds thereof, and the power company shall, unless the objection is sooner withdrawn or resolved, deliver particulars in writing thereof to the Secretary for the Environment not later than 14 days after the expiration of such period.
(3) Where particulars of any objection are delivered to the Secretary for the Environment under subsection (2), he may direct a public officer to attend, within a period of not more than 30 days after the date of delivery of such particulars, on the owner by whom the objection is made and the power company, respectively, and to receive and record any
under section