1988 Ed.]
Crown Lands Resumption
CAP. 124
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(2) Any payment made by the Authority under subsection (1) in respect of any claim shall be without prejudice to the claim or the submission thereof to, or the determination thereof by, the Lands Tribunal under this Ordinance; but the amount of compensation payable by virtue of such determination in respect of such claim shall be reduced by the amount of such payment. (Amended 62 of 1985 s. 2)
(3) Where the amount of compensation payable by virtue of a determination of the Lands Tribunal under this Ordinance is reduced under subsection (2) by the amount of any payment made under subsection (1), such compensation shall not as from the date on which the payment is made bear interest except on the amount thereof as so reduced. (Replaced 62 of 1985 s. 2)
(4) Where the amount of any payment made by the Authority under subsection (1) in respect of any claim exceeds the amount of the compensation determined by the Lands Tribunal in respect of such claim, the amount of the excess shall be recoverable by the Authority as a civil debt. (Amended 62 of 1985 s. 2)
Payment of compensation and interest
(Added 5 of 1984 s. 7)
17. (1) All sums of money agreed or determined as compensation (together with interest thereon as hereinafter mentioned), and all costs and remuneration awarded against the Crown, shall be paid out of the general revenue.
(Amended 63 of 1974 s. 13)
(2) At any time after agreement or determination by the Lands Tribunal of the amount of compensation to be paid under this Ordinance, the Authority may by notice published in the Gazette require the person entitled to such compensation to collect the same within the time and at the place specified in the notice. (Replaced 63 of 1974 s. 13)
(3) Subject to section 16A(3), any sum of money payable as compensation by virtue of a determination of the Lands Tribunal or an agreement under this Ordinance shall bear interest from the date of resumption of the land until the expiration of the time specified in the notice referred to in subsection (2). No interest shall be payable on any costs or remuneration. (Replaced 63 of 1974 s. 13. Amended 5 of 1984 s. 8)
(3A) The rate of interest for the purposes of subsection (3) shall be such rate as the Lands Tribunal may fix having regard to the lowest rate payable from time to time by members of The Hong Kong Association of Banks on time deposits. (Replaced 5 of 1984 s. 8)
(4) If no claim be made for the compensation money at the place, and within the time appointed, the officer appointed as aforesaid shall cause such money to be paid into the Treasury.
(5) The money thus paid into the Treasury or any part of it may, within a period of 5 years from the expiration of the time referred to in subsection (2), be claimed by the person entitled thereto and upon such claim being substantiated shall be paid to the person so entitled.
(6) At the expiration of the said period of 5 years the money or such part of it as remains unpaid shall be transferred to the general revenue of the Colony. (Amended 71 of 1971 s. 3)
(Replaced 33 of 1929 s. 2)
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