1970-HKRS28-8-37_Part03 — Page 34

Notice of Permanent Glasures or substantial alterations.

Szbedule,

Objections to proposed undertakings and claims for compen- sation.

"Director" means the Director of Public Works; "property" means land and any building thereon; "street" includes every public bridge, and every highway, road, lane, footway, square, court, alley, passage or tunnel, whether a thoroughfare or not, which is over, on or under unleased Crown land:

"undertaking" means the closing of any street or any part thereof or any alteration of a street or any part thereof which is, in the opinion of the Director, a substantial alteration.

3. (1) If, in the opinion of the Director, it is expedient to close or to alter substantially a street or any part thereof, either permanently or for an indefinite period, the Director shall give notice of the proposed undertaking.

(2) A notice given by the Director under subsection (1) shall contain a brief description of the proposed undertaking and shall be given in the form prescribed in the Schedule.

(3) Every such notice shall be published-

(a) in three issues of the Gazette,

(b) in three issues of at least one English language and

two Chinese language daily newspapers; and

(c) by posting it in the English and the Chinese languages in a prominent position in or near the street or part thereof which will be affected by the proposed under- taking.

4. (1) Any person may lodge an objection to a proposed undertaking of which notice has been given under section 3 by forwarding the objection in writing to the Director so as to reach his office not later than one month after the date of the first publication of the notice in the Gazette.

(2) The owner or occupier of any property held under a Crown lease may claim compensation for any pecuniary loss or damage to such property which is likely to be caused by a pro- posed undertaking of which notice bas been given under section 3 by forwarding the claim in writing to the Director so as to reach his office not later than two months after the date of the first publication of the notice in the Gazette.

(3) A claim under subsection (2) shall-

(a) specify the property which will be affected by the pro- posed undertaking and the interest of the person making the claim in the property:

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(b) specify the manner in which the property will be affected

by the proposed undertaking; and

(c) contain an estimate of the pecuniary loss or damage to the property which is likely to be caused by the proposed undertaking.

(4) An objection lodged in accordance with this section may be amended or withdrawn at any time before it is considered by the Governor in Council in accordance with section 5.

(5) If agreement is reached between any person who has lodged an objection in accordance with this section and the Director for the settlement or compromise of the objection before it is considered by the Governor in Council in accordance with section 5, such objection shall be deemed to have been withdrawn.

(6) If agreement is reached between any person who has lodged a claim for compensation in accordance with this section and the Director for the settlement or compromise of the claim before it is heard and determined by a tribunal in accordance with section 7. such claim shall be deemed to have been withdrawn.

5. Every objection which is lodged in accordance with section 4 and which is neither withdrawn nor deemed to have been withdrawn in accordance with that section shall be considered by the Governor in Council.

6. (1) After considering an objection to a proposed under- taking in accordance with section 5, the Governor in Council may-

(a) authorize the undertaking, with or without any modifica-

tion thereof;

(b) refuse to authorize the proposed undertaking.

(c) authorize the undertaking in part and defer for further consideration at a later date any objection which relates to the part of the undertaking not so authorized; or

(d) defer for further consideration any objection to a pro- posed undertaking until any claim for compensation in respect of the proposed undertaking has been determined by a tribunal in accordance with section 7. and refer the claim to the tribunal for that purpose.

(2) If

(a) no objection to a proposed undertaking is lodged in

accordance with subsection (1) of section 4; or

Objections to

be considered by the Governor in Council.

Consideration of proposed undertaking.