1948-HKRS29-8-15_Part02 — Page 28

2

Ordinance No, 1p of

་

$900,

Kong (British Military Administraton) Gazette of 23rd March 1946.

(3)

** land covered with water.

includes buildinga erested thereon and land

WA

(4) prescribed officer means the District Officor, New Territories, or any District Officer, or Assistant Land Officer, New Territories,

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(5) resumption means the procesa of resumption. under the Crown Lands Resumption Ordinance, 1900, referred to in the First Notification and Second Nolification irrespective of whether any step was taken or was necessary to be taken in respect of such resumption other than such notification.

Re-vesting.

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 vast absolutely in the former owner thereof his assigna or representa- 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 vast in Crown by virtue thereof.

Tinciples

of compea-

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 First or Second Schedule bereto shall be deemed 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 risa 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 sm-

(a) 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 of 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

*

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.

(3) In no case shall compensation he payable which, exclusive of any addition thereto in respect of interest as herein- after provided, shall be in excess of the value of the land immediately before 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 date 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 possession of his land in exercise of emergency powers insofar as such payments relate to the period for which possession was retained, and it is hereby declared that the resutuption 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 behalf of the former owner or six months after the date of coming into force of this Ordinance whichever is the earlier and any period during which the former owner or his tenur1 t. remnined in occupation shall not be included.

(8) 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 în accordance with the terms under which the land or buildings are held from the Crown.

(8) No allowance shall be unde in respect of any expectancy or probability of the grunt or renewal or continuanca 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 continuBNCO of any licence, permission, lease or permit could have been enforced as of right if the land in question had not been resumed.

5.

Any sum of money payable as compensation under this Interest. 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.

8. 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 particulare of the title of the former owner and the nature of the claim,