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XCR (87) 50
Ma
inery for effecting the amendments
Page
3
D
9
Section 11(5) of
the Ordinance provides that 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. Section 2(2) of the Ordinance requires the notice to be served on any person affected by hand or by registered post.
The giving of notice
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The proposed amendments do not involve any change in the general nature of the works and the use as described in the scheme already considered, and in respect of which the general public has been given an apportunity to object when the scheme was published under section 8 of the Ordinance. The proposal as to the removal or repositioning of utilities lying within the limit of the works areas as shown on the plans under section 20 of the Ordinance is not materially different from that mentioned under the scheme that has already been considered and authorized. The Director of Highways is of the opinion that по one is affected by
by the
the proposed amendments within the meaning of section 11(5) and no notice needs to be served in accordance with section 2(2) of the Ordinance. This opinion is supported by the Attorney General's Chambers. However, notices setting out the manner in which
in which the utilities affected will be removed or repositioned will be issued under section 20 of the Ordinance as and when required consequent upon the authorization of the works and the use
use in accordance with the amended plans and scheme.
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Although not a statutory requirement, notice of the proposed amendments was gazetted on 5 September 1986 and 12 September 1986. The amended plans and scheme were prepared and made available for public inspection. The plans and scheme as published, are attached at Annex A. A copy of the notice is at Annex D.
B
The objection
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Following gazetting of the Notice, one objection to the proposed amendment was lodged with the Secretary for Transport on 1 October 1986 by Messrs. Kwan, Ng, Wong & Associates Architects and Engineers acting on behalf of the Canossian Missions. А сору of the objection is attached at
Annex B.