1963-HKRS28-8-30_Part01 — Page 5

5

Cap. 126).

Extinguish- ment of rights of

protected

tendols and

compensa-

tion therefor.

(Cap. 255. 1953 Reprint).

Assessment of Incremente! value.

Claims for

сотрепка- tion.

requirements made in such order or substituted order shall be deemed to be covenants, conditions or stipulations in the Crown lease of the property to which the order relates, and thereafter failure to comply with any such requirement shall entitle the Crown to re-enter upon the property under and in accordance with the provisions of the Crown Rights (Re-entry) Ordinance.

5.

Where a re-development notice has been served in respect of any property-

(a) the Landlord and Tenant Ordinance shall cease to apply to any part of any building comprised in the property, and the protected tenants shall cease to have any rights of occupation or possession in any such building: and

(0) every protected tenant shall be entitled to compensation in accordance with the provisions of this Ordinance from the person who was the owner of such property immediately be- fors such notice was served.

6. (1) Where a re-development notice has been served in respect of any property, the Director shall assess the incremental value thereof. which shall be the amount by which the market value of the property with vacant possession after the service of such notice exceeds what was the market value of the property in occupation prior to the service by the Building Authority of the order for demolition or prior to the fire or other calamity occasioning the issue under section 3 of the certificate of the Building Authority, as the case may be.

(2) The Director shall give notice of such assessment to the owner of the property and to any person appearing from the Land Office registers to have a mortgage on the property, and in addition he shall communicate it to any other person, not being a tenant, who makes application in writing to him and who he considers bas good grounds for requiring such information,

(3) The owner or any mortgagee so notified may, within fourteen days of such notification, appeal to the Tribunal against the assessment,

7. (1) Where a re-development notice has been served in respect of any property, there shall be published in the Gazette and (with a translation in Chinese) affixed to the property, a copy of the notice

together with, save where the Director has found that no incremental value exists, a statement to the effect that protected tenants may apply in accordance with the provisions of subsection (2) for the appointment of a tenancy tribunal to determine the amount of compensation payable to them.

(2) Within three weeks of the date of publication of the copy of the re-development notice in the Gazette, or such extended time as the Chief Justice may in his discretion allow, any protected tenant may, save where be and the owner of the property in respect of which the re-development notice has been served have entered into an agreement in writing for the payment of compensation or where the Director has found that no incremental value exists, apply in writing addressed to the Registrar of the Supreme Court for the appointment of a tenancy tribunal to determine the amount of compensation to which he is entitled under this Ordinance.

(3) Upon an application being made under subsection (2), the Chief Justice shall appoint a tedancy tribunal (constituted as provided

in subsection (5A) of section 31 of the Landlord and Tenant Ordinance) (Cap. 255,

to determine the amount of compensation payable to every protected 1953 Reprint). tenant who applies under subsection (2), and the tenancy tribunal shaft make an award of compensation payable to every such protected tenant as if it were a tenancy tribunal hearing an application under section 31 of that Ordinance for exclusion of premises from the further application of that Ordinance, and as if it were determining the amount of com- pensation subject to the payment of which it would recommend such exclusion.

(4) In determining the compensation payable the tenancy tribunal shall not receive any evidence concerning the assessment of the incre- mental value under section 6. nor in any way take cognizance thereof.

(5) Save in so far as provision is made therefor in this Ordinance, the practice and procedure in, and in connexion with, any proceedings before a tenancy tribunal appointed under subsection (3) shall be such as the President of such tribunal may from time to time determine.

(6) The provisions of subsections (2), (3), (4) and (5) of section 27 of the Landlord and Tenant Ordinance shall be applicable in the case of a tenancy tribunal appointed under subsection (3).

(7) A tenancy tribunal appointed under subsection (3) shall have

no power to make any order for the payment of costs.

(8) The award of the tenancy tribunal shall be notified to the tenants who had made application under subsection (2), to the owner and to the Director.

(9) Any protected tenant or the owner of the property may, within three weeks of the notification of the award, appeal to the Governor in