1966-HKRS28-8-33_Part03 — Page 19

Application

to District Court for amondment of plan.

(18 of 1937).

District Court may enter the athendment

of the plan.

Appeal to a judge.

Plan &

approved or amended to take the

place of original plan.

8. (1) Any person claiming to have an interest in any land comprised in the plan as approved under subsection (2) of section 7 and who considers that such plan is incorrect in any manner that is prejudicial to such interest may, within thirty days after the publica- tion under that subsection of the notice in the Gazette, apply to the District Court for an order directing the Director to amend the plan in the manner specified in the application or in such other manner as the court may think just.

(2) Notwithstanding anything contained in the Crown Proceedings Ordinance 1957, the Director shall be named as defendant in any application made under subsection (1), and the court, of its own motion or on application made to it, may in addition cause to be joined as co-defendant any person who it appears may be affected by any order which may be made directing the amendment of the plan.

(3) In any case in which a person to be joined as a co-defendant in proceedings under this section is absent from the Colony or cannot, after reasonable inquiry, be found, the court may in its discretion appoint a solicitor to represent such person.

(4) An application to the District Court under this section shall be instituted by an originating summons and shall for all purposes relating to costs and fees be deemed to be an action in respect of which the value of the claim exceeds five hundred dollars but does not exceed two thousand dollars.

9. Where an application is made under section 8 within the time specified therein, the District Court, having heard the representations of the parties and any evidence adduced by them, may, if it thinks fit, order the Director to amend the plan as approved under subsection (2) of section 7. either in the manner specified in the application or in such other manner as the court may think just.

10. Any party to an application made under section 8 who is aggrieved by a decision of the District Court under section 9 may appeal against such decision within fourteen days after the making thereof to a judge, who may confirm, reverse or vary the decision of the District Court, and the decision of the judge on any such appeal shall be final.

11. The plan, as approved under subsection (2) of section 7, or, if amended by order of the District Court or a judge, as so amended after all applications and all appeals have been finally disposed of under sections 9 and 10, respectively, shall be deemed for all purposes to be the original plan: and the Director shall cause a notice to be published stating that the plan stands as so approved, or, where the plan is so amended, specifying the manner in which it is amended.

5

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 26th day of October, 1966, and is found by me to be a true and correctly printed copy of the said Bill.

(Secretariat BL14/3220/60)

سم کے

Deputy Clerk of Councils.