1964-HKRS28-8-31_Part01 — Page 21

No actions to lie.

Application

of com-

pensation provisions of

Ordinance

27 of 1956.

(2) Where a licensee is disposing of his pearl culture farm he shall notify the Commissioner of every offer received by him for the purchase of any part of such farm. The Government shall have three days from such notification within which it may make an offer to purchase the same part of such farm,

(3) On the expiry of the three week period specified in subsection (1) the licensee may require the Government to purchase that part of his pearl culture farm not already sold or agreed to be sold. This right may be exercised by notifying the Commissioner in writing within two days of the expiry of such three week period, and shall be subject to the right of the Commissioner to refuse to purchase any buildings, rafts or other equipment on the grounds that such buildings, rafts and other equipment were not part of the pearl culture farm of the licensee,

(4) Where a licensee notifies the Commissioner under subsection (3) that he requires the Government to purchase his pearl culture farm, the property in that part of the pearl culture farm to which such notification relates shall vest in the Government on the date on which the Commis- sioner receives such notification and thereupon all rights therein on the part of the licenses shall cease and determine:

Provided that where the Commissioner has refused to accept any buildings, rafts or equipment under subsection (3) the property in such buildings, rafts and equipment shall not vest in the Government.

7. No action shall be brought or continued in respect of the extinguishment of any right under section 4.

6. The provisions of the Public Reclamations and Works Ordin- ance, 1956, in respect of compensation shall apply to the licensee of every licence terminated by this Ordinance as if—

(a) such licensee had, in accordance with section 2 of the Public Reclamations and Works Ordinance, 1956, submitted a claim of private right to cultivate oysters in the area specified in his licence together with an estimate of any alleged loss incurred as a result of the extinguishment of such right;

(b) a notification of an authorization of an undertaking affecting such private right had been published on the date of the termination of the licence by this Ordinance; and

(c) the period within which a claim for compensation may be submitted were three months from the termination of the licence by this Ordinance,

at com.

solc.

9. (1) Where a tribunal is satisfied that the new licence offered Assessment under subsection (3) of section 5 has been issued, it shall not entertain pensation on any claim for compensation other than for loss and damage resulting removal or from, or arising in connexion with, the removal of the oysters, rafts and other equipment used by the licensee in the cultivation of oysters in the area specified in the licence terminated by this Ordinance, and the reprovisioning of buildings similar to those so used by the liccosse in or near such area.

(2) Where a tribunal is satisfied that a licensee has notified the Commissioner under subsection (3) of section 6 that he requires the Government to purchase any part of his pearl culture farm, or that he has sold all his pearl culture farm having notified the Commissioner of every offer for the purchase of all or part thereof, it shall not entertain any claim for compensation other than in respect of the purchase price of such part of the pearl culture farm as vested in the Government under subsection (4) of section 6, and for compensation in respect of any part of such farm not so vesting.

(3) No compensation shall be awarded in respect of any loss or damage resulting from, or arising in connexion with, any failure on the part of the licensee, his servants or agents to exercise all reasonable care or otherwise to reduce any loss or damage for which compensation may be awarded under this Ordinance.

(4) Save where-

(c) a new licence offered under subsection (3) of section 5 is issued: (8) a licensee notifies the Commissioner under subsection (3) of section 6 that he requires the Government to purchase any part of his pearl culture farm; or

(c) a licensee has sold all his pearl culture farm having notified the Commissioner of every offer for the purchase of all or part thereof.

no claim for compensation shall be entertained by a tribunal.

10. (1) In respect of any claim for compensation for loss and Additional damage resulting from, or arising in connexion with, the removal of oysters, a tribunal shall apply the following rules—

rules for assessment of com- pensation

(a) the losses of oysters for which compensation may be claimed on removal.

shall be those occurring during the period of eight weeks following the date of the new licence issued, or the period