Governor may order resumption of land.
(xp. 28.)
resumed or that easements in, under or over it may need to be created for the purposes of and incidental to the railway.
4. (1) The Governor may by order direct that any land within the railway area shall be resumed for the purposes of and incidental to the railway.
(2) An order made under subsection (1) shall specify the period of notice to be given under section 5(2) which period shall-
(a) run from the day on which notice of resumption is affixed to the land under that section and in no case expire earlier than one month from that day; and (b) prevail over any other period of notice of resumption (whether shorter or longer) provided for by the Crown lease under which the land is held.
(3) Upon the expiration of the period of notice specified in the order the land described therein shall-
(a) where it is an undivided share in land, vest in The Colonial Treasurer Incorporated together with such rights to the use and occupation of any building or part thereof as may be appurtenant to the ownership of that share; and
(b) in all other cases, revert to the Crown.
but in either case the land shall vest or revert without any con- veyance and free of all mortgages, charges, claims, estates, rights or interests of any kind.
(4) The ownership of any apparatus belonging to an owner or supplier of gas, electricity, water or telecommunication services and situated in, under or over any land shall not be altered by reason only of the vesting or reversion of that land under sub- section (3).
(5) The Land Officer shall, as soon as practicable after land has vested in The Colonial Treasurer Incorporated or reverted to the Crown under subsection (3), cause such vesting or reversion to be noted in the register of the land kept in the Land Office.
(6) Upon the vesting under subsection (3)(a) of an undivided share in land in The Colonial Treasurer Incorporated such share, together with any part of a building the exclusive use and occupa- tion of which is appurtenant to ownership of such share, shall be deemed to be unleased land for the purposes of section 6 of the Crown Land Ordinance.
5.
(1) Notice of resumption by order made under section Notices of 4(1) shall be given in accordance with this section to every person of land.
resumption baving any estate, right, share or interest in the land affected by the order.
(2) Every person referred to in subsection (1) shall be deemed to receive notice of an order under section 4(1) if the Director-
(2) causes a notice of resumption conforming to subsection
(3) and in both Chinese and English to be-
(i) affixed to some conspicuous part of the land or, in a case where only land lying wholly beneath the surface is to be resumed by the order, the surface thereof or any building thereon; and
(ii) published once in the Gazette; and
(5) makes a copy of the order and, where appropriate a plan of the land available for inspection by the public free of charge at such offices of the Government, during the bours when those offices are normally open to the public, as the Director thinks fit.
(3) A notice of resumption shall—–—
(a) describe the land to be resumed and state that an order has been made under section 4(1) in respect thereof;
(b) state where and at what times a copy of the order and, where appropriate, a plan of the land may be inspected in pursuance of subsection (2)(b);
(c) state the day on which the notice was affixed to the
Band:
(d) state the period of notice specified by the Governor
under section 4(2):
(e) declare that upon the expiry of that period the land described in the notice shall by virtue of section 4(3) revert to the Crown or vest in The Colonial Treasurer Incorporated, as the case may require, for the purposes of the railway; and
(f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the Director.
creation of
6. (1) The Governor may by order direct that casements Governor in, under or over land in the railway area shall be created in may order favour of the Crown for the purposes of and incidental to the easements. cailway.