1962-HKRS28-8-29_Part03 — Page 29

Power to

place and maintala telecom- municadon

lines, etc

On land.

(3) The Government shall pay to the owner of any telecommunica- tion station taken possession of under this section, as compensation for any loss of profit sustained by the company by reason of the exercise of the powers conferred by this section such sum as may be agreed between the Government and the owner by agreement or in case of difference, by arbitration.

PART IV.

USE OF LAND FOR TELECOMMUNICATION LINES, ETC.

14. (1) The Authority, and any licensee authorized by the Author- ity either generally or for any particular occasion, may place and maintain a telecommunication line, and such posts as may be necessary, it, over or upon any land, subject—

(a) in the case of unleased Crown land. to the consent in writing of the Director of Public Works or an officer of the Public Works Department appointed by him for the purposes of this section: and

(b) in the case of land vested in or occupied by Her Majesty's naval, military or airforce services, to the consent in writing of the Commander, British Forces, or such officer as he appoints to be his representative for the purposes of this section.

(2) In exercising the powers conferred by subsection (1), the Authority or the licensee, as the case may be, shall do as little damage as possible and full compensation shall be paid by the Authority, or the licensee, as the case may be, to any person having a lawful interest in the land, or being lawfully therean, who suffers damage as a result of the exercise of those powers.

(3) So far as may be necessary for the due exercise of the powers conferred by subsection (I), the Authority or the licensee, as the case may be, may alter the position of any pipe or wire, other than a water, gas or electric main, if-

(a) reasonable notice has been given to the owner of the pipe or

wire or the person in control thereof; and

(b) in the case of a pipe or wire in or over or upon unleased Crown land, the consent in writing of the Director of Public Works or an officer of the Public Works Department appointed by him for the purposes of this section has been obtained; and (c) in the case of a pipe or wire in, over or upon land vested in or occupied by Her Majesty's naval, military or airforce services, the consent in writing of the Commander, British Forces, or such officer as he appoints to be his representative for the purposes of this section has been obtained.

15. (1) Where any dispute arises as to-

Dispules to com-

(a) whether compensation is payable under subsection (2) of pensation.

section 14;

(6) the amount of any such compensation: or (c) the person to whom it is payable.

the dispute shall be referred to and determined by the District Court.

(2) For the purposes of this section, a dispute shall be deemed to have arisen where a claimant or the Authority or the licensee, as the case may be, has served notice of intention to refer the dispute to the District Court upon all other partics to the dispute, and the party who has served notice as aforesaid shall, within two months thereafter, refer the dispute to the District Court by notice served upon a deputy registrar of the Court giving particulars of the matter in dispute between the parties, and a copy of the last-mentioned notice shall, within the said period, be served upon all other parties.

(3) The District Court may order that the costs incurred by any party in proceedings before it under this section shall be paid by any other party, and may tax or settle the amount of any costs to be paid under any such order, or may direct the manner in which they are to be taxed.

(4) The Chief Justice may, subject to this Ordinance, make rules for regulating proceedings before the District Court under this section.

post where

16. (1) Where any person desires to use land in a way that makes Removal, etc.. it necessary to remove to another part of the land a telecommunication of line or line or a post maintained by the Authority or a licensee in, over or upon necessary by the land under section 14 or to alter such telecommunication line or post reason of use le any way, he may by notice in writing served upon the Authority or the licensee, as the case may be, require the removal or alteration of the line or post.

(2) Any expenses incurred by the Authority or the licensee in complying with a requirement under subsection (1) may be recovered from the person who made the requirement.

of land,

telecom-

17. (3) If a tree standing or lying near a telecommunication line Trees interrupts, or is likely to interrupt telecommunication, a magistrate may, interrupting upon application by the Authority or the licensee concerned, as the case munication. may be, order the tree to be removed or otherwise dealt with in such a way as to prevent the interruption, or the likelihood of the interruption, of telecommunication and, if the tree was in existence at the time the telecommunication line was placed in, over or upon the land, may order the Authority or the licensee, as the case may be, to pay to the owner of the tree such sum by way of compensation as he thinks reasonable.