7
Reduction of awards in excess of incremental value.
Payment of comprosa-
tion.
Council by way of petition against the tenancy tribunal's award and The provisions of section 31A of the Landlord and Tenant Ordinance other than subsections (1) and (6) thereof shall apply to such appeal.
(10) The decision of the Governor in Council on an appeal under the provisions of subsection (9) shall be notified to the parties and to the Director.
(1) For the purposes of this section and of sections 8 and 9, "owner" shall be deemed to include a mortgagee.
8. (1) If the sum of the awards made by a tenancy tribunal as amended by any variation thereof made by the Governor in Council on appeal, together with any amounts agreed to be paid to other protected tenants by the owner by way of compensation exceeds the assessment of the incremental value, the owner may, within fourteen days of the notification of such awards, or in the event of an appeal within fourteen days of the notification of the decision of the Governor in Council, apply in writing to the President of the tenancy tribunal for the reduction of the awards made by such tribunal
(2) On an application being made under subsection (1) the tenancy tribunal shall proceed to determine the amount of compensation which it would have awarded to every protected tenant with whom the owner has entered into an agreement in writing for the payment of compensa- tion had the tenant applied for the appointment of a tenancy tribunal under subsection (2) of section 7, and if the total (hereinafter referred to as the said total) of the amounts which it would have so awarded and of the amounts which it has awarded or such amounts as may have been substituted therefor on any appeal, exceeds the said assess- ment, the tenancy tribunal shall reduce the amounts which it has awarded to amounts which bear the same proportion to the amounts awarded as the said assessment does to the said total.
(3) The reduced awards shall be notified to the tenants in respect of whom they were made, to the owner and to the Director.
9. (1) The final awards shall be published in the Gazette, and shall be registered in the Land Office by a memorial thereof signed by the Director. Such awards shall be payable within three weeks of the notification thereof.
(2) Where any protected tenant who has been awarded compensa- tion in accordance with section 7 does not, within the period limited by subsection (1), demand payment of the compensation awarded to him. the owner may deposit with the Treasury the sum awarded together "with any interest accrued due thereon under subsection (5).
(3) Any such sum so deposited may, within period of five years from the date of such deposit, be claimed by the person entitled thereto
and, upon any such claim being substantiated, shall be paid to the person so entitled.
(4) At the expiration of the said period of five years, any such sum remaining unpaid shall be transferred to the general revenue of the Colony and be dealt with in accordance with the provisions of the Unclaimed Balances Ordinance.
(5) In the event of any sum awarded as compensation not being paid within the period limited by subsection (1) or deposited with the Treasury in accordance with subsection (2) within one week thereafter, the sum awarded shall bear interest at the rate of ten per cent per annum from the expiry of the period within which it should have been paid in accordance with subsection (1) until payment or deposit under subsection (2):
Provided that in any case where there has been an appeal against an award of a tenancy tribunal, the Governor in Council may direct that interest on any sum awarded shall ren from a date not being earlier than three weeks after the date of such award.
(Cap. 132).
10. (1) The final awards may be enforced against the person EnforceTTIE DE liable to pay such compensation in the same manner as a judgment of of awards. the Supreme Court.
(2) Where-
(a) a re-development notice has been served in respect of any
property, and
(b) any person liable to pay, or whose interest in the property is or may be made subject to a charge for, compensation under this Ordinance has applied for permission to carry out build- ing works. other than demolition, in relation to that property,
the Building Authority may refuse to grant such permission until he is satisfied that all sums due to the protected tenants by way of compensa. tion under this Ordinance (whether under an award or under an agreement) of which the Government has notice have been paid to the persons entitled thereto or have been deposited with the Treasury under subsection (2) of section 9.
property
11. (1) Where a re-development notice has been served in respect Provisions of any property and the Crown has resumed the same either in accord- where ance with the terms of the Crown lease under which the property is resumed by held or under the provisions of the Crown Lands Resumption Ordinance, the Crown. there shall be deducted from the compensation payable by the Crown (Cap. 124). to the owner in respect of the resumption all sums due to the protected tenants by way of compensation under this Ordinance (whether under an award or under an agreement) of which the Government has notice.