Provisions
39 Do
procedure of Land Tribunal.
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8. (1) The Land Tribunal shall conduct an inquiry into and determine every claim made by any person to be entitled or eligible under the provisions of this Ordinance to recover compensation which is referred to it under the provisions of subsection (2) of section 6 or nade under and in accordance with the provisions of paragraph (5) of subsection (1) of section 7 or of subsection (2) of this section.
(2) 1f, at any time during its inquiry into any claim, the Land Tribunal considers that any person who has not made a claim to be entitled under the provisions of this Ordinance to recover compensation is or may be so entitled to recover compensation in respect of the pan of the reversion land to which such claim relates, whether as a Class A claimant or as a Class B claimant, the Tribunal may direct that a notice shall, as soon as practicable, be published in the Gazerre and in two issues of two daily newspapers published in the Chinese language, specifying the part of the reversion land in respect of which such person is or may be entitled to recover compensation and the name or a description of such person, and calling upon such person to lodge a claim in writing with the clerk to the Land Tribunal within such time as the Land Tribunal may specify.
(3) In determining any claim, the Land Tribunal shall determine first of all, whether or not the person who has made the same is, under the provisions of this Ordinance, entitled as a Class A claimant or eligible as a Class B claimant to recover compensation, and then whether or not there is any other person who is, under the provisions of this Ordinance, so entitled or so eligible to recover compensation in respect of that part of the reversion land to which such claim relates, notwithstanding that such other person has not made a claim to be entitled under the provisions of this Ordinance to recover compensation.
(4) Notwithstanding any other provisions of this Ordinance, where the Land Tribunal is satisfied that any right or interest in respect of which say person is entitled or eligible under the provisions of this Ordinance to recover compensation was acquired by that person by fraud, deceit, common law cheat or any other like wrongful act on his part, the Land Tribunal shall order that such person shall not be entitled to recover compensation in respect of that right or interest.
(5) Where the Land Tribunal has determined that some person is. under the provisions of this Ordinance, entitled as a Class A claimant or eligible as a Class B claimant to recover compensation and thot
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there is no other person who is, under the provisions of this Ordinance, so entitled or so eligible in respect of any right or interest in the same part of the reversion land of the same or substantially the same nature as that in respect of which the Land Tribunal has determined that such first-mentioned person is so entitled or so eligible, as the case may be. the Land Tribunal shall, save as provided in subsection (4), order that such person shall be entitled to recover the whole of the compensation.
(6) (a) Where the Land Tribunal has determined that more than one person is, under the provisions of this Ordinance, so cntitled or so eligible to recover compensation in respect of a right or interest in the same part of the reversion land of the same or substantially the same nature. The Land Tribunal shall, having regard to the conduct of each of such persons, determine whether one of such persons only shall be entitled to recover compensation or whether some or all of such persons shall each be entitled to recover part of the com- pensation, and shall, as the case may be and save as provided in subsection (4), order that such person only shall be entitled to recover compensation and that the other persons shall not be entitled to recover compensation or shall order that such persons as it has so determined shall each be entitled to recover part of the compensation and that the other persons, if any, shall not be entitled to recover compensation.
(6) Where the Land Tribunal has so ordered that two or more persons shall each be entitled to recover part of the compensa- tion, the Land Tribunal shall determine what fraction of the compensation recoverable by him each of such persons shall be entitled to recover, so however that the aggregule of the fractions of the compensation so determined to be recoverable by each of such persons shall not be more than unity.
(7) Without prejudice to any other matters to which the Land Tribunal considers it proper to have regard, the Land Tribunal shall, io considering, for the purposes of subsection (6), the conduct of any person, have regard to--
(4) any acquiescence by any person in the acquisition by any other person of any right or interest in or over any of the reversion land;
(D) any laches or other delay or failure on the part of any person to take any act, proceedings or other step which was available to him:
(c) the knowledge on the part of any person of the fraudulent nature of any transaction or other dealing in or with any of the reversion land; and
(d) the good or bad faith of each of the persons comment
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