146
Certificate of cost and re-
of.
THE HONG KONG GOVERNMENT GAZETTË.
(xiv) erection of supports for neighbouring properties, on payment or otherwise by the owners of such neighbouring properties of a fair proportion thereof; and
(xv) such other work as the Director may expressly specify or which may in his opinion manifest itself from time to time as necessary.
5. (1) The cost of clearance effected by the Director under section 4 hereof shall be assessed as equitably as may be by the covery there- Director having regard to the amount of war damage affecting any particular site and shall be certified by him and shall include an addition not exceeding twenty-five per cent thereof in respect of the cost of supervision of the work, the cost of obtaining tenders (if any) and issuing notices, and unless already provided for in the tender or otherwise there shall be allowed as a reduction the amount that arises from the sale of materials removed from the site or such sum as appears to the Director to be fair compensation for the value of materials removed therefrom for immediate or subsequent use by the Crown,
Ordinance
No. 5 of 1929.
(2) The cost of such clearance as so certified shall constitute a first charge on the land which comprises the war damaged site as against the owner or any person into whose hands the same may come and whether or not such person be a bona fide purchaser thereof for valuable consideration without notice.
(3) The certificate of such charge may be registered in the appropriate Land Office against the title of the land affected and the Land Officer shall in any particular case refuse the registration of any conveyance for money or money's worth relating to the property unless in his opinion satisfactory provision is made for the liquidation of such charge.
(4) The owner of any war damaged site and his successors in title and assigns shall be liable to the Crown for the amount specified in such certificate up to the value of his interest in the property but not further or otherwise but together with interest at the rate of four per centum per annum from the date of such certificate to the date of payment thereof:
Provided that the Governor in Council may in such case or cases as he thinks fit waive the payment of such interest and provided that nothing in this Ordinance contained shall prevent the exercise by the Crown of any other rights for the recovery of such charge in particular the right of re-entry where that arises by deed, lease, agreement or otherwise:
And provided that if a net profit results from the sale or disposal of material removed from a war damaged site after all clearance measures that the Director deem necessary thereon have been effected and all charges authorised in respect thereof under this Ordinance have been deducted then the amount of such net profit shall be notified to the owner if his whereabouts can be ascertained and paid to him on request or if not requested shall be dealt with in accordance with the Unclaimed Balances Ordinance, 1929.