1989 Ed.]
Land Acquisition (Possessory Title)
[CAP. 130
5
(a) rejects a claim submitted under subsection (1); or
(b) refuses to allow a further period beyond the date of vesting for
the submission of a claim under subsection (1),
the claimant may apply to the High Court for the determination of his claim and in any such proceedings the Director shall be the defendant.
(4) An application under subsection (3) shall be made within 1 year from the date of vesting or within such further period as the High Court may allow in any case.
7.
Entitlement to compensation and claims therefor
(1) Where-
(a) a claim by a person of ownership of any land, or to any right, interest or easement in or over any land, that has been acquired under this Ordinance, is accepted by the Director under section 6(2); or
(b) the High Court, on application made under section 6(3), declares
that a person
(i) was, immediately prior to the date of vesting, the owner, within the meaning of this Ordinance, of any land that has been acquired under this Ordinance;
(ii) had, immediately prior to the date of vesting, any interest, right or easement in or over, any land that has been acquired under this Ordinance,
that person shall be entitled to compensation.
(2) Any person who is entitled to compensation under subsection (1) may submit his claim for compensation in a form specified by the Director and shall furnish to the Director such accounts, documents and particulars as the Director may reasonably require in support of the claim.
(3) A claim for compensation submitted under subsection (2) may include a claim for any costs or remuneration reasonably incurred or paid by the owner or person entitled to compensation in employing persons to act in a professional capacity in connection with his claim to compensation.
(4) Where the Director and the person who has submitted a claim for compensation under subsection (2) do not agree as to the amount of the compensation (if any), either party may refer the claim to the Lands Tribunal for determination, in accordance with this Ordinance and the Lands Tribunal Ordinance (Cap.17), of the amount of compensation (if any) to be paid.
(5) A reference under subsection (4) shall be made within 1 year from the date of vesting or within such further period as the Lands Tribunal may allow in any case, but the total period for the purposes of this subsection shall not exceed 6 years from the date of vesting.