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Ordinance No. 10 of
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IgH00,
Kong (British Military Administraton) Gazette of 23rd March 1946.
(38) **land "' includes buildings erected thereon and land covered with water.
(4) "prescribed officer means the District Officor, New Territories, or any District Officer, or Assistant Land Officer, New Territories.
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(6) "resumption means the process of resumption under the Crown Lands Resumption Ordinance, 1900, referred to in the First Notification and Second Notification irrespective of whether any step was taken or was necessary to be taken in respect of such resumption other than such notification.
Beweling.
3. (1) With effect from the date of coming into force of Compensation. this Ordinance each portion of land referred to in the First Schedule and the Second Schedule to this Ordinance shall rest absolutely in the former owner thereof his assigna or reprasnuta- tives for the whole of the interest to which at the date of resumption thereof the former owner was entitled for such term or interest thereof as would still be subsisting at the date of coming into force of this Ordinance had such resumption never taken place, freed and discharged from any interest vested in the Crown by virtue of the resumption or which might vest in Crown by virtue thereof.
Trinciples
of compen.
sation.
(2) Any right to compensation which may have accrued to any person under the Crown Lands Resumption Ordinance 1900 or otherwise in respect of the resumption of any portion of land referred to in the Firat or Second Schedule hereto shall be dermed by virtue of this Ordinance to have censed and determined immediately after such resumption and in lieu thereof there shall accrue to the former owner his assigns or representatives the right to such compensation as is provided hereunder together with interest thereon as hereinafter" provided.
(8) No provision of this Ordinance shall in any way affect the title of any land or portion of land not included in the First or Second Schedule hereto nor affect nor give rise to the payment of compensation in respect thereof,
4. (1) There shall be payable as compensation in respect of land in the First and Second Schedule to this Ordinance the aggregate of the following suna:-
(0) A sum equal to the reasonable cost to the former owner of making good any damage to the land which may from the date of resumption to the date of coming into force of this Ordinance have been occasioned by or on behalf of the British Military Administration or His Majesty's Forces on account of the occupation of or work being carried out on the land or on account of the occupation of or work being carried out on any other land referred to in the First Notification or the Second Notification. And such sum shall accrne due at the date nf coming into force of this Ordinance.
(b) A sum equal to the rent which might reasonably be expected to be payable by a tenant whether in money or in kind during the period for which possession was retained upon
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the customary terms and with the customary deductions current in the neighbourhood of Ping Shan in the New Territories and such rent shall accrue due at annual intervals at the end of each period or part of a period of twelve calendar months from the date of resumption.
(2) In no case shall compensation be payable which, axclusive of any addition thereto in respect of interest as herein- after provided, shall be in excess of the value of the land immediately báfore the resumption thereof.
(3) The Crown rent shall be rumitted in respect of the land in the First and Second Schedules to this Ordinance for the period from the date of resumption to the data of coming into force of this Ordinance.
(4) There shall be taken into account and deducted from any compensation payable to a former owner under this Ordinance any payments made or to be made by or on behalf of His Majesty's Forces in respect of the taking possesaim of his land in exercise of emergency powers insofar as such payments relate to the period for which possession was retainel, and it is hereby declared that the resumption referred to in the First and Second Notificatious shall not affect any liability for the payment of compensation for such taking of possession of such land in the exercise of emergency powers.
(5) For the purpose of this sention the period for which possession was retained shall be taken to be the period from the date of resumption to the time that possession was again taken by or on belaff of the former owner or six months after the date of coming into force of this Ordinnure whichever is the earlier and any period during which the former owner or his tenant remnined in occupation shall not be included.
(6) No allowance shall be maile my account of the resumption being compulsory.
(7) No allowance shall be made in respect of any use of the land which is not in wecordance with the terms under which the land or buildings are held from the Crown,
(8) No allowance shall be nude in respect of any expectancy or probability of the grant or renewal or continuance by the Crown or by any person of any licence, permission, lease or permit whatsoever: Provided that this anb-section shall not apply to any case in which the grant or renewal or continuance of any licence, permission, lease or permit could have been enforced as of right if the land in question had not been resumed.
5.
Ang sum of money payable as compensation under this faterest. Ordinance shall carry interest, an from the date on which it accrues due, at the rate of five per centum per annum until the date of payment or until six months from the date of coming into force of this Ordinance whichever is the earlier.
6. No claim for any compensation under this Ordinance Notice of shall be entertained unless notice of the claim has been given to claim. the prescribed officer stating the name, address and particulars of the title of the former owner and the nature of the claim,
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