President
and mem- bers of the Tribunal.
Appoint ment of deputy of the President.
Acting ap. pointmcats of President and mem- bers.
Panel of persons appointed
to sit on Tribuna).
Jurisdiction
of the Tribunal.
First Schedule.
4. (1) The Tribunal shall consist of a president and such number of other members as the Governor may appoint.
(2) The President shall be a person who is qualified in law, (3) The other members of the Tribunal shall be persons who are qualified in law or persons who, in the opinion of the Governor, are sufficiently experienced in the practice of land valuation in order to qualify them to sit as members of the Tribunal.
5. (1) If the President is temporarily unable to exercise his functions as the president of the Tribunal, the Chief Justice may appoint any other member of the Tribunal to act as the deputy of the President for such period as the Chief Justice may specify.
(2) A member of the Tribunal appointed under subsection (1) to act as the deputy of the President may exercise the powers and perform the duties of the President during the period of his appointment.
6.
(1) If the President is precluded by illness, absence from Hong Kong or any other cause from exercising his functions as the president of the Tribunal, the Governor may appoint any other person holding the qualifications referred to in section 4(2) to act as the president of the Tribunal for such period as the Governor may specify.
(2) If a member of the Tribunal other than the President is precluded by illness, absence from Hong Kong or any other cause from exercising his functions as a member of the Tribunal, the Governor may appoint any other person holding the qualifica- tions referred to in section 4(3) to act as a member of the Tribunal for such period as the Governor may specify.
7. The Governor may appoint a panel of persons other than public officers whom he considers to be suitable to be additional members of the Tribunal in the exercise of its jurisdiction under this Ordinance and shall cause the name of each person so appointed to be published in the Gazette.
8. (I) The Tribunal shall have jurisdiction to determine the amount of compensation (if any) payable by the Government in respect of any claim submitted to it under any Ordinance specified in the First Schedule.
(2) The Tribunal shall have jurisdiction to determine the amount of compensation (if any) payable by the Government in respect of any claim submitted to it under an Ordinance other than an Ordinance specified in the First Schedule if-
3
(a) the claim arises from any action taken by or on behalf
of the Government in connexion with—
() the compulsory acquisition of land or any interest therein;
(ii) the extinguishment or variation of any rights pertaining to land;
(iii) the creation of any casements in, over or under any land; or
(iv) the authorization of any undertaking affecting any land or any interest therein; and
(b) the claim is submitted to the Tribunal for determination by agreement by or on behalf of both the Government and the claimant.
(3) Subsection (2) shall apply notwithstanding any other provision made in any such Ordinance for the determination of any such claim.
(4) The Tribunal shall have jurisdiction to determine any appeal submitted to it for determination under any Ordinance specified in the First Schedule.
(5) The Tribunal shall have such other jurisdiction as may be vested in it under any Ordinance.
Fitel Sebeduk.
9. (1) Subject to the provisions of this section, the jurisdic- Exercise tion of the Tribunal shall be exercised by one or more of its of the
Tribunal's members selected by the President and in respect of any pro- jurisdiction. ceedings before the Tribunal in which the President selects more than one member he shall designate which member shall preside at the hearing.
(2) The President may select another member of the Tribunal in substitution for a member previously selected to hear any pro- ceedings before the Tribunal, including any proceedings which have been part beard.
(3) The President may select from the panel of persons appointed under section 7 any person to be an additional member of the Tribunal in the hearing of any proceedings before the Tribunal.
(4) The President may appoint any person who has specialized knowledge or experience of a specified subject to sit as an assessor in any proceedings before the Tribunal.
(5) Subject to subsection (6), any difference between the members exercising the jurisdiction of the Tribunal sball be