698
126 Geo. 6 &
1 Edw. 8,
€ 49.
s. 343.1
Ordinance No. 10 of 1800.
Compensa-
tion for action taken in the exercise of emergency powers.
THE HONG KONG GOVERNMENT GAZETTE, MAY 10, 1940.
(1) "land" includes land covered with water, and parts of houses or buildings;
(j)
owner" means-
(i) in relation to land, the person who is receiving the rackrent of the land, whether on his own account or as agent or trustee for any other person, or who would so receive the rackrent of the land if it were let at a rackrent, or
(ii) in relation to any property other than land, the person entitled to sell the property, it being assumed not to be subject to any mortgage, pledge, lien or other similar obligation;
เ
and in this definition * rackrent in relation to any property meins a rent which is not less than two-thirds of the rent at which the property might reasonably be expected to let from year to year, free from all usual tenant's rates and taxes, and deducting therefrom the probable average annual cost of the repairs, insurance and other expenses (if any) necessary to maintain the same in a state to command such rent;
(k) prescribed" means prescribed by rules made by the Governor in Council;
() "requisition" means, in relation to any property take possession of the property or require the property to be placed at the disposal of the requisitioning authority;
()ship" and "vessel" have respectively the same meanings as in the Merchant Shipping Ordinance, 1899; and
() war operations means action taken by an enemy, or action taken in combating an enemy or in repelling an imagined attack by an enemy.
(2) For the purposes of these regulations, the doing of work shall, in relation to any land, be deemed to include the demolition, pulling down, destruction or rendering useless of anything placed in, on or over that land, the maintenance of any work or thing in, on or over the land, and the removal from the land of anything so placed, demolished or pulled down in the exercise of emergency powers.
Right to, and measure of, compensation.
3. (1) Where, in the exercise of emergency powers during the period beginning with the twenty-fourth day of August, nineteen hundred and thirty-nine, and ending with such day as the Governor may by order declare to be the day on which the emergency came to an end-
(a) possession of any land has been taken on behalf of the Governor; or
(b) any property other than land has been requisitioned or acquired on behalf of the Governor; or
(6) any work has been done on any land on behalf of the Governor, otherwise than by way of measures taken to avoid the spreading of the consequences of damage caused by war operations,
then, subject to the following provisions of these regulations, compensation assessed in accordance with those provisions shall be paid, out of the revenues of this Colony, in respect of the taking possession of the land, the requisition or acquisition of the property, or the doing of the work, as the case may be.
: