1948-HKRS28-8-15_Part02 — Page 37

Procedure. Second Schedule.

Amand-

arbitration.

(v) No allowance shall be made in respect of any use of the land which is not in accordance with the terins of the Crown Lease thereof.

(vi) No allowance shall be made in respect of any expectancy or probability of the grant or renewal or con- tinuance by the Crown or by any person of any licence, permission, lease or permit whatsoever: Provided that this sub-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.

6. (1) Claims for payment of compensation shall be rendered in the form specified in the Second Schedule to this Ordinance to the Land Officer by whom copies of such form shall be provided on payment of a fee of one dollar.

(2) It shall be the duty of the Land Officer on receipt of claims to satisfy himself that claims received Η ΓΕ in accordance with the particulars in the Extension Schedule and his registers. A claimant may be required to produce such evidence or further particulars as to identity, ownership, or as to the land in question as the Land Officer may deem to be necessary for him to consider in order to admit or reject the claim.

(3) The Land Officer shall notify the former owner of refusal of the claim or of the amount of compensation payable by letter to the effect of one of the forms in the Second Schedule with such modifications as may be necessary.

7. In the event of an error or an alleged error in any ment of Schedule or

of the particulars in the Extension Schedule or omission there- referance to from or any error or omission in the Extension Plan any amendment may be effected by the Governor in Council on the application of any person interested therein or on recon- mendation made by the Resumption Officer. A decision by the Governor in Council on such an application shall be final as regards all parties interested but prior to such decision the Governor in Council may, if he thinks fit, refer the application to arbitration in accordance with section 8 of this Ordinance for the purpose of obtaining the recommendation of the Board therein referred to. Notice of each much reference to arbitration and of the lot or lots affected shall be published in the Gazette.

mal

8. (1) A Board of three members shall be appointed to Constitution determine what recommendation shall be made to the Temunera- Governor in Council upon reference to arbitration made to tion of them under the preceding section.

(2) The Clnirman of the Board shall be a Justice of the Pence nominated by the Governor and the two other members shall consist of persons nominated by the Governor of whom one shall be a person other than a member of the Colonial Civil Survice.

(3) The Board shall be appointed within one month of the first of such references to arbitration and the Chairman shall cause notice of the composition of the Board to be published in the Gazette and shall appoint thereby a time and place for the commencement of its sittings.

(4) The remuneration of any matuber of the Board shall be at a rate according to the amount of work and the timme occupied, and shall be awarded by the Governor in Council upon report made by the Chairman at the con- clusion of each month during which sittings of the Board have been held: Provided that nothing herein shall authorize the payment of remuneration to any public servant who may not be permitted by the terms of his appointment to receive remuneration as a member of the Board.

Board.

9. (1) A Board shall have power to make recommenda- Powers of tions to the Governor in Council-

(a) to amend or add to the particulars in the Extension Schedule or amend the Extension Plan;

(b) to award costs either for or against the Crown or for or against any parties claiming compensation or any former owner, such costs, if desired by the Crown or any party, to be taxed by the Registrar of the Supreme Court.

(2) A Board shall have all such powers as are vested

in the Supreme Court or in a judge on the occasion of any action or suit in respect of the following matters :—

(a) enforcing the attendance of witnesses and examining them upon oath or otherwise as it may think fit;

(b) compelling the production of any drieu-

ments;

(e) punishing persons guilty of contempt; (d) ordering an inspection of any premises;

Hoard.