1974-HKRS28-16-22_Part04 — Page 39

Repeal and

formed under subsection (1) either the owner of occupier may submit to the Authority a claim for compensation in respect of such damage.

(3) The Authority may compromise or settle any claim submitted under subsection (2), or failing agreement, either party may refer the matter to the Lands Tribunal for determination of the amount of compensation to be paid.".

9. Section 8 of the principal Ordinance is repealed and replacement replaced by the following new section—

of section 8.

Repeal and

of sections 9 and 10.

"Claims for compensa- tion.

(1) Any person claiming compensation by reason of the resumption of any land under this Ordinance, and being a person who has not been offered in writing compensation under section 6(1)(a), or has not been served with a notice under section 6(1)(b), may submit a claim in writing to the Author- ity stating the nature of his estate or interest in the land and the amount which he seeks to recover.

(2) If any such person and the Authority do no! agree as to the amount of compensation (if any) to be paid either party may submit the claim to the Lands Tribunal for determination of the amount of com- pensation (if any) to be paid.

(3) A person claiming compensation under sub- section (2) shall submit his claim to the Authority within a period of one year from the date on which the land reverted to the Crown under section 5 or within such further period as the Governor may allow in any case.".

10. Sections 9 and 10 of the principal Ordinance are repealed replacement and replaced by the following sections-

"Barring of actions against the Crown.

Determina- tion by Tribunal of compensa~

9. Subject to the provisions of this Ordinance. no action or suit shall lie against the Crown or against any other person for any loss or damage suffered by any person as the result of the resumption of any land under this Ordinance.

10. (1) The Tribunal shall determine the amount of compensation (if any) payable in respect of a claim submitted to it under section 6(3) or 8(2) on the basis tion payable of the loss or damage suffered by the claimant due to

the resumption of the land specified in the claim.

by Crown.

(2) The Tribunal shall determine the compen- sation (if any) payable under subsection (1) on the basis of

(a) the value of the land resumed and any buildings erected thereon at the date of re- sumption;

(b) the value of any easement or other right in the land resumed, owned, held or enjoyed by a claimant at the date of resumption; (c) the amount of loss or damage suffered by any claimant due to the severance of the land resumed or any building erected thereon from any other land of the claimant, or building erected thereon, contiguous or ad- jacent thereto;

(d) the amount of loss or damage to a business conducted by a claimant at the date of re- sumption on the land resumed or in any building erected thereon, due to the removal of the business from that land or building as a result of the resumption.".

11. Section 11 of the principal Ordinance is amended- (a) in subsection (1), by deleting "a Board" and substituting

the following-

"the Lands Tribunal":

(6) in subsection (2), by deleting "A Board" and substitut-

ing the following-

The Lands Tribunal"; and

(c) in subsection (3), by deleting "Board" and substituting

the following-

"Lands Tribunal',

Amendment

of section 11.

12. Sections 13, 14 and 15 of the principal Ordinance are Repeal of repealed.

13. Section 17 of the principal Ordinance is amended-

(a)

in subsection (1), by deleting "awarded as" and sub- stituting the following-

"agreed or determined as":

sections 13. 14 and 15.

Amendment of section 17,