1972-HKRS28-16-20_Part03 — Page 46

Authenticated Laws 確真本香港法例 All

Power of entry and inspection.

6

person, acting on the direction of the Authority may, with the assistance of such other public officers or other persons as may be necessary, enter on the land and demolish the structure.

(3) A lessee or licensee (for the purpose of complying with a notice under subsection (1)) and (for the purpose of subsection (2)) any authorized person may

(a) remove from the structure any person or property there-

in; and

(b) take possession of such property and of any property

resulting from the demolition of the structure.

(4) Any property of which possession is taken under sub- section (3)(b) by an authorized person shall become the property of the Crown free from the rights of any person and, subject to subsection (5), may be dealt with as the Authority thinks fit.

(5) The Governor may order that--

(a) the whole or a part of any property which has become

the property of the Crown under subsection (4); or (b) the whole or a part of the value of any such property, shall be delivered or paid to any person who appears to him to bave a moral claim therelo.

(6) The Authority may recover from the lessee or licensee any cost incurred in or arising out of the demolition of a structure under subsection (2) and of the exercise of the powers conferred by subsection (3).

(7) A notice under subsection (1) may be served by- (a) delivering it to the lessee or licensee;

(b) posting it to him by registered post addressed to his last place of business or residence known to the Authority; or

(c) posting the notice in or on the land or structure to

which the notice relates.

13. For the purpose of ascertaining whether a structure is being or has been erected or placed on leased land, or land occupied under a licence, in breach of the Crown lease or licence, any public officer authorized in writing by the Authority may enter and inspect the land and any structure thereon at any reasonable time.

PART V

PRIVATE STREETS

14. (1) If a Crown lease, or an agreement for surrender relating to leased land, contains a provision that the lessee shall, when required, hand back any private street to the Crown free of cost, the Authority may, by notice in the Gazette, declare the private street, or such part thereof as may be specified in the notice, to be a public street.

(2) The Authority shall, within seven days after the publica- tion of a notice under subsection (1), register a copy thereof in the Land Office together with a plan showing the land declared by such notice to be a public street.

(3) Upon the registration under subsection (2) in the Land Office of a copy of a notice published under subsection (I)-

(a) all rights and obligations of the lessee in, upon or over the private street, or the part of the private street specified in the notice, shall be extinguished; and

(b) the private street, or such part of the private street, shall vest in the Crown free from the rights of any person in the same manner and to the same effect as if it had been surrendered to the Crown.

15. No action shall be brought or continued, and no com- pensation shall be payable, in respect of the extinguishment under section 14(3) of the rights of any person in, upon or over the private street or such part of the private street,

PART VI

GENERAL

16. Any person who obstructs an authorized person exercis- ing any power, performing any duty, or carrying out any function, under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for six months.

17. An authorized person may use such force as may be necessary for the exercise of any power, the performance of any duty, or the carrying out of any function, under this Ordinance.

18. (1) Neither the Government nor the Authority shall be liable for any loss or damage suffered by any person in consequence of anything done under section 6, 8 or 12 by the Authority,

Vesting of private streets in the Crown.

No action to lie in respect of extinguishment of rights in private street.

Obstruction.

Use of force.

No claim to lic against the Government Authority.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.