1963-HKRS29-8-30_Part01 — Page 7

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(Cap. 122).

Charge for compensa- tion awarded.

15 & 16

(2) Any such sum deducted shall be paid by the Government to the person entitled thereto or, if such person cannot be found, shall be deposited with the Treasury.

(3) Any such sum so deposited may, within a period of five years from the date of such deposit, be claimed by the person entitled thereto. and, upon any such claim being substantiated, shall be paid to the person so cntilled.

(4) At the expiration of the said period of five years, any such sum remaining unpaid shall be transferred to the general revenue of the Colony and be dealt with in accordance with the provisions of the Unclaimed Balances Ordinance.

(5) Where any sum is deducted under subsection (1), no interest shall accrue thereon after the date of deduction.

12. (1) Upon the registration in the Land Office under subsection (1) of section 9 of a final award, the amount of such award and any interest accrued or thereafter accruing thereon shall, until the compensa. tion and interest are paid, constitute a charge on the property in respect of which the compensation has been awarded in favour of The Colonial Treasurer Incorporated in trust for the person or persons entitled to the compensation and interest.

(2) Without prejudice to the priority of instruments executed prior to the commencement of this Ordinance a charge created by subsection (1) shall have priority over all other instruments affecting the properly against which the charge is registered executed after such commence-

mcat.

(3) For the purpose of enforcing any such charge. The Colonial Treasurer Incorporated shall have all the same powers and remedies as are under the Law of Property Act, 1925, and otherwise, available in Geo, 5, & 20. England to a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases, and of appointing a receiver, and the provisions of the said Act which apply where a mortgagee exercises ang such power or avails himself of any such remedy shall apply where 'The Colonial Treasurer Incorporated exercises any such power or avails himself of any such remedy.

Land Officer may apportion Crown rent. (Cap. 125).

13. Where the Director has served a re-development order in respect of a property which is a section of a lot within the meaning of the Crown Rents (Apportionment) Ordinance, and in respect of which Crown rent has not been determined under the provisions of such Ordinance. the Land Officer may exercise the powers vested in him under such Ordinance and determine what annual sum shall be payable to the Crown by way of Crown rent in respect of the section. or if the property is the remaining portion of a lot, in respect of each

section of the lot, notwithstanding that the owner of such property has not applied for such determination, and upon such determination the provisions of the Crown Rents (Apportionment) Ordinance shall apply.

functions of

14. (1) For the purposes of sections 4 and 6. there shall be Establish- appointed from time to time a Tribunal consisting of a chairman, who ment and shall be a judge of the Supreme Court or District Court, or a magistrale. Tribunal. appointed by the Chief Justice, and of two other members appointed by the Governor, one of whom shall be a person who is not employed full time in any office of emolument under the Crown, and one of whom shall be selected from persons appearing to the Governar to have had experience in matters concerning land and buildings,

(2) The Governor shall appoint a clerk to the Tribunal, and shall determine the remuneration of the members in relation to each appeal determined, having regard to the time occupied and the amount of work and the magnitude of the interests involved:

Provided that nothing in this subsection shall authorize the payment of remuneration to any persun employed full time in any office of cmolument under the Crown,

(3) For the purpose of determining appeals the Tribunal shall have all such powers as are vested in the Supreme Court in relation to-

(a) enforcing the attendance of witnesses and examining them

upon oath or otherwise;

(b) compelling the production of documents;

(c) punishing persons behaving in an insulting manner or using any threatening or insulting expression to or concerning or in the presence of the Tribunal;

(d) ordering an inspection of promises;

(e) entering upon and viewing premises:

(f) awarding costs.

(4) All questions arising in any proceedings before the Tribunal shall. in the event of a difference among the members, be decided by the majority:

Provided that any question touching the procedure to be followed or the admissibility of evidence or any other question declared by him to be one of law shall be decided by the chairman.

(5) In determining an appeal the Tribunal may confirm or set aside the re-development order or the incremental value and may sub- stitute therefor any other re-development order or incremental value which it thinks proper and which could have been made by the Director. (6) The decision of the Tribunal shall set out the matters for which allowance is made in making its determination and such decision shall be final: