1974-HKRS28-16-22_Part04 — Page 38

Amendment

3.

(b) in relation to land to which Part II of the New Territories Ordinance applies, the Secretary for the New Territories:

"former owner" means, in relation to land resumed by the Crown, the person who was the owner of the land immediately before the land reverted to the Crown under section 5;".

Section 3 of the principal Ordinance is amended by deko of section 3. ing "may arrange for the purchase thereof by negotiation with the

Amendment

of section 4.

Addition of new scc- tion 4A.

owner or".

M

4. Section 4 of the principal Ordinance is amended in sub- section (1) by deleting the following

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"and calling on the owner to nominate a member to serve on a Board to determine the amount of compensation to be paid".

S.

..

The principal Ordinance is amended by adding after section 4 the following new section-

"Purchase by agree.

ment.

4A. Where an order has been made for the resumption of any land under section 3. the Authority may, before the land reverts to the Crown under sex- tion 5, agree with the owner and any person having an estate or an interest in such land under an instr ment registered in the Land Office on the purchase of the land and of any such estate or interest therein.".

Section 5 of the principal Ordinance is amended by of section 5. deleting "the longer period as aforesaid, the land" and sub-

stituting the following-

Amendotent

Repeal and

6.

"any longer period authorized under section 4(3), the land. other than any land purchased by agreement under see- tion 4A,".

7. Section 6 of the principal Ordinance is repealed and re- replaccruent placed by the following new section-

of section 6.

tion.

“Compensa 6. (1) Within a period of 28 days from the date on which land reverts to the Crown under sec tion 5, the Authority shall-

(a) write to the former owner and to any person

having an estate or interest in the land in mediately before reversion under an instru

&

3

ment registered in the Land Office, making an offer of compensation in respect of the land resumed; or

(b) serve on any of the persons referred to in paragraph (a) a notice in such form as the Authority may specify, requiring him to submit his claim for compensation within the time stipulated in such notice.

(2) Where a notice is served on a person under subsection (1)(b) he shall submit his claim in a form specified by the Authority and shall furnish to the Authority such accounts, documents and particulars as the Authority may reasonably require in support of such claim.

(3) L

(a) a person to whom an offer has been made under subsection (1)(a) does not accept the offer within 28 days from the date thereof;

or

(b) a person on whom a notice has been served

under subsection (1)(b)—–

(i) does not submit his claim within the time stipulated therein; or

(ii) submits his claim but he and the Authority do not agree as to the amount of compensation.

such person or the Authority may then refer the matter to the Lands Tribunal for determination of the amount of compensation to be paid in respect of the land resumed.”.

Section 7 of the principal Ordinance is amended- (a) by cenumbering it as subsection (1);

(b) by substituting a full stop for the semi-colon after

"works":

(c) by deleting "the compensation for any damage thereby occasioned to the owner or occupier thereof shall be decided by the Board."; and

(d) by inserting the following new subsections—

"(2) If any damage is caused by reason of the entry into and upon the land or of any works per-

Amendment of section 7.