1988 Ed.]
Crown Lands Resumption
[CAP. 124
7
(b) decline to make any compensation for any addition to or improvement of the property made after the date of the publication in the Gazette of the notice of intended resumption (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair): (Amended 27 of 1937 Schedule)
Provided that, in the case of any interest acquired after the date of such publication, no separate estimate of the value thereof shall be made so as to increase the amount of compensation.
(2) The Lands Tribunal may also receive evidence to prove (Amended 28 of 1911 s. 6(1))
(a) that the rental of the buildings or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose; or
(b) that the buildings or premises are in such a condition as to be a nuisance within the meaning of any Ordinance relating to buildings or to public health, or are not in reasonably good repair; or (Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 20 of 1948 s. 4)
(c) that the buildings or premises are unfit, and not reasonably capable of being made fit, for human habitation. (Amended 51 of 1911; 2 of 1912 Schedule)
(3) If the Lands Tribunal is satisfied by such evidence, then the compensation-
(a) shall, in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the building or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; and (Amended 51 of 1911; 2 of 1912 Schedule)
(b) shall, in the second case, be the amount estimated as the value of the building or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and (Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule)
(c) shall, in the third case, be the value of the land and of the materials of the buildings thereon.
(Amended 28 of 1911 s. 6(d); 14 of 1921 s. 7; 63 of 1974 s. 11)
Additional rules for determining compensation
12. In the determination of the compensation to be paid under this Ordinance (Amended 5 of 1924 s. 30)
(a) no allowance shall be made on account of the resumption being compulsory;
(aa) no account shall be taken of the fact that the land lies within or is affected by any area, zone or district reserved or set apart for the purposes specified in section 4(1)(a), (c), (d), (e) or (f) of the Town Planning Ordinance (Cap. 131); (Added 32 of 1973 s. 2. Amended 2 of 1988 s. 8(2))