1959-HKRS29-8-26_Part02 — Page 32

Payment of compensa- Lion

Payment to one or more

members

of a class to be

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dispute to the Compensation Board by notice served upon the clerk thereto giving particulars of the matter in dispute between the parties and shall serve on all other parties to the dispute a copy of that notice.

12. (1) When the amount of any compensation has been finally determined, either by agreement or otherwise, the Director shall serve on the person who is entitled to recover the same notice in writing specifying the day on, and the place at, which the same will be paid.

(2) Interest, calculated at the rate of four per cent per annum, shall be paid on all sums payable by way of compensation under the provisions of this Ordinance from the date on which that part of the reversion land in respect of which such compensation is payable reverted to the Crown under the provisions of section 3 to the date specified in a notice served pursuant to the provisions of subsection (1) as the date on which the compensation will be paid.

(3) All sums paid by way of compensation under the provisions of this Ordinance and any interest which is paid thereon shall be paid out of the general revenue.

13. Where a class of persons is entitled under the provisions of this Ordinance to recover compensation or part thereof and the Director has, being unable to find or ascertain any other members of the class or whether or not there are any other members of the class, paid the complete discharge of

amount of such compensation to one or more members of the clay obligations of in accordance with the provisions of this Ordinance, such payment shall be a complete discharge of the obligations of the Crown under the provisions of this Ordinance to such class of persons:

Crown in certain cases

Review by Land Tribunal of any delerinima- tion.

Provided that nothing in this section shall be deerned to prejudice or affect in any way the right of any other member of the class to recover from the member or members thereof to whom such com- pensation was paid any part of such compensation to which he may be entitled.

14. (1) On the application of the Crown, the Land Tribunal shall, on production of fresh evidence, review any order which it has made and may, after hearing such evidence and such other evidence as it may consider necessary and after considering such of the evidence previously adduced to the Land Tribunal as it may also consider necessary, con- firm, reverse or vary such order.

(2) An application under the provisions of subsection (1) may be made at any time.

(3) The Director shall serve upon each of the persons concerned. if they can be found, notice in writing of the determination of the Land Tribunal upon any review under the provisions of subsection (1).

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PART III.

Establishment of Compensation Board and Lund Tribunal, powers and proceedings thereof, and matters connected therewith.

15. (1) For the purposes of determining any dispute which may Establish arise in relation to either of the matters mentioned in subsection (2) of meat of

Competisa section 11, there is hereby established a board, to be known as the tion Board Chai Wan Land Compensation Board, which shall consist of-

(a) a judge of the Supreme Court or the District Court appointed

by the Chief Justice, who shall be the chairman; and

(b) two other members appointed by the Governor, one of whom at least shall be a person who is not employed full time in any office of emolument under the Crown and one of whom at least shall be selected from persons appearing to the Governor to be qualified as having had experience in the valuation of land and buildings.

(2) For the purpose of determining. in the event of doubts or disputes in relation thereto. the person, if any, who is entitled under the provisions of this Ordinance to recover compensation or part there- of there is hereby established a tribunal, to be known as the Chai Wan Land Tribunal which shall consist of a judge of the Supreme Court or the District Court, appointed by the Chief Justice.

(3) Where any person who has been appointed to the Compensa- tion Board or the Land Tribunal becomes, for any reason, unable or unwilling to continue to act, the Governor or the Chief Justice, as the case may be, may appoint some other person in his stead.

(4) The Governor shall appoint a clerk to the Compensation Board and a clerk to the Land Tribunal and shall determine their remuneration, if any,

(5) The remuneration of any member of the Compensation Board shall be at a rate according to the amount of work, the time occupied and the magnitude of the interests involved and shall be determined in tach case by the chairman of the Compensation Board:

Provided that nothing in this subsection shall authorize the payment of remuneration to any person employed full time in any office of molument under the Crown.

and Land Tribunal.

16. (1) For the purposes of carrying out their respective functions, Powers and the Compensation Board and the Land Tribunal shall have all such functions of powers as are vested in the Supreme Court in relation to-

Compensa- tion Board and Land

(4) enforcing the attendance of witnesses and examining them upon Tribvosl

oath or otherwise;

(b) compelling the production of documents;

and certain duties of clurku thereto.