1957-HKRS29-8-24_Part02 — Page 19

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Rules for

(b) in any other case, not later than the expiry of three

months from—

(i) the completion of any building works carried out in consequence of an order under paragraph (c) of sub- section (1) of section 3; or

(ii) the completion of the provision or erection of any marks, lights or beacons under section 6 or section 7; or

(iii) the completion of any building works required to comply with section S or with a notice given under sub- section (1) of section 9;

Provided that the Governor in Council may, in case, extend the period for the making of claims.

any particular

(2) Upon a claim being received the Director of Public Works shall forthwith assess, in accordance with the rules under section 23, the amount of any compensation which in his opinion is recoverable by the claimant, and shall thereupon notify the claimant of the amount of compensation, if any, so assessed.

(3) If the claimant agrees in writing that he accepts such amount in full settlement of his claim, that amount may be paid to the claimant:

Provided that in the case of diminution in value of an interest in land, he shall first satisfy the Land Officer of his title to the compensation payable.

23. In assessing compensation the Director of Public Works assessment and, in the case of any dispute, the tribunal referred to in section pensation. 24, shall act in accordance with the following rules-

of com-

(a) The value of any interest in land shall, subject as here- inafter provided, be taken to be the amount which the interest if sold in the open market by a willing seller might be expected to realize:

Provided always that the Director of Public Works or the tribunal, as the case may be, shall be entitled to consider all returns and assessments for taxation or rating made or acquiesced in by the claimant.

(6) No allowance shall be made in respect of the compulsory nature of any prohibition or restriction imposed, or building works required, by or under this Ordinance.

(c) Where the value of the land is increased by reason of the use thereof, or of any premises thereon, in a manner which could be restrained by any court, or is contrary to law, or, save where such use has been expressly permitted by the Crown, is not in accordance with the terms of the Crown Lease, or other tenancy from the Crown, under which the land is held, or is detrimental to the health of the occupiers of the premises or to the public health, the amount of that increase shall not be taken into account.

(d) No allowance shall be made in respect of any increase in building heights permitted since the 16th day of September, 1955, (being the date of publication of Government Notification No. 1026 of 1955, in which warning was given of proposed restrictions on heights of buildings) or of the possible use, in relation to heights prescribed as at the said day, of the powers of the Governor in Council under sections 77 and 78 of the Buildings Ordinance, Chapter 123 of the Laws of Hong (Cap. 123). Kong, the Revised Edition 1950.

(e) No allowance shall be made in respect of any expectancy

or probability of the grant or renewal or continuance by the Crown or by any person or by virtue solely of the Landlord and Tenant Ordinance of any lease, tenancy, (Cap. 255. licence or permit whatsoever :

Provided that this rule shall not apply to any case where the grant or renewal or continuance by the Crown or other person could have been enforced as of right.

() Interest at a rate not exceeding four per cent per annum may be allowed on any money expended by the claimant for which compensation is allowed:

Provided that where the claimant has borrowed money for such expenditure and satisfies the Director of Public Works or the tribunal, as the case may be, that he had good and sufficient reason for not availing himself of the provisions of section 16, and that the lowest rate of interest at which he could borrow the money was in excess of four per cent per annum, such higher rate of interest may be allowed, but in no case shall the rate exceed ten per cent per annum.

1958

Reprint)