1974-HKRS28-16-22_Part04 — Page 53

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(Cap. (23)

(Cap. (085)

"authorized officer" means a public officer authorized by the

Director of Public Works under section 29;

"Building Authority" and "building works" have the same mean-

ings as in the Buildings Ordinance:

"claim" means a claim for compensation under section 18; "claimant" means a person who has made a claim for com-

pensation;

"Director" means the Director of Public Works and any author- ized officer but "Director of Public Works"; does not include an authorized officer;

小

"land" includes and may, where the context so requires, have any

one or more of the following meanings separately-

(a) land lying wholly beneath the surface;

(b) the whole or part of any building or other erection or

fixture on land;

(c) where an undivided share of a leasehold interest in land has appurtenant to it rights to the exclusive use and occupation of a building or part thereof on such land. such share in the land and all rights appurtenant thereto; (d) any other estate, right, share or interest in land; "mortgage" means a mortgage or charge registered in the Land

Office;

"railway" means the railway known as the Mass Transit Railway intended to be constructed in pursuance of the transport policy of the Government;

“railway area" means the land delineated as such in plans and

maps prepared pursuant to section 3(1) or 3(3);

"Stages 1 to 4 of the railway" means that part of the railway between Tung Loi Lane in the Western District of the Island of Hong Kong and Lai Chi Kok Bay or the junction of King Yip Street and Kwun Tong Road;

"street" includes any public bridge and every highway, street, road, lane, foolway, square, court, alley, passage or tunnel, whether a thoroughfare or not, which is over on or under unleased Crown land;

"The Colonial Treasurer Incorporated" means the corporation sole created by the Colonial Treasurer Incorporation Ordin-

ance.

PART II

RESUMPTION OF LAND AND CREATION OF EASEMENTS

mulgation of

3, (1) The Director of Public Works shall cause plans and Preparation maps to be prepared in such detail and with such markings and and pro- endorsements thereon as are sufficient to delineate the railway plans and arca, being that area within which land may be resumed or case- maps. ments in, under or over land may be created pursuant to this Ordinance for the purposes of and incidental to the railway.

(2) A copy of every plan and map prepared for the pur poses of subsection (1) and signed by the Director of Public Works shall be deposited in the Land Office and shall be available for inspection by the public free of charge at such offices of the Government, during the hours when those offices are normally open to the public, as the Director of Public Works thinks fit.

(3) Any plan or map prepared for the purposes of sub- section (1) and any marking or endorsement on any such plan or map may be amended and any plan or map may be replaced by a substitute plan or map but the Director of Public Works shall as soon as possible cause to be likewise amended, or replaced with the substitute, every copy referred to in subsection (2) and certify the amendment or substitution in such manner as he thinks sufficient.

(4) The Director of Public Works shall within 21 days of the deposit of a copy of a plan or map in the Land Office or of any amendment to such copy or the deposit of a substitute plan or map cause a notice of such deposit or amendment to be published in the Gazette in Chinese and English containing—

(a) a general description of the plan or map or of the nature and extent of the amendment or substitution; and

(5) particulars of the places and times at which a copy of the plan or map, or details of the amendment or a copy of the substitute plan or map may be inspected by the public in conformity with subsection (2),

(5) No person shall have a right of objection to the delinea- tion of land in any plan or map prepared for the purposes of subsection (1) or to any amendment thereto or substitute plan or map prepared under subsection (3) and the fact that land is therein delineated as being within the railway area shall for all purposes be conclusive evidence that it may be required to be