1974-HKRS28-16-22_Part04 — Page 56

Authenticated Laws 確真本香港法例 All

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Resumption

of part of land.

Power of entry.

Closure or substantial alteration of streets and other public works.

8. (1) If it is established to the satisfaction of the Governor that any land is, on the day on which it is resumed under section 4(3), reasonably necessary to the use and enjoyment of contiguous or adjacent land so that such contiguous or adjacent land cannot by itself be put to any profitable use, the Governor may make an order under section 4(1) in respect of the contiguous or adjacent land whether or not it is within the railway area.

(2) Any person aggrieved by a decision of the Governor under subsection (1) that at the date of resumption any land is not reasonably necessary to the use and enjoyment of com- tiguous or adjacent land may apply to the Lands Tribunal to review such decision.

(3) Upon ao application under subsection (2) the Lands Tribunal may direct that an order be made under section 4(1) by the Governor in respect of the contiguous or adjacent land whether or not it is within the railway area.

9. Where in respect of any land notice has been published in the Gazerte in accordance with section 5(2MaXU) or 7(2)(0) but the land has not yet reverted to the Crown or vested in The Colonial Treasurer Incorporated by virtue of section 4(3) or the eusement has not yet been created by virtue of section 6(4), the Director, or any person acting under his authority, may without giving notice to the owner or occupier enter upon that land and any adjoining land within the railway area at all reasonable times for the purpose of--

(a) surveying and taking levels of such first-mentioned land; (6) setting out the line of any works; or

(c) inspecting any apparatus referred to in section 13.

PART III

FURTHER POWERS OF CROWN FOR PURPOSES OF THE RAILWAY

10. (1) The Governor may, for the purposes of the con- struction, operation, maintenance or improvement of the railway, by order-

(a) authorize the closure or substantial alteration of a street or part thereof either permanently or for an indefinite period;

(b) authorize the temporary closure or temporary substantial

alteration of any street or part thereof;

(c) authorize the reclamation of, or other works of a public nature over and upon, Crown foreshore or seabed; (d) declare that, or the extent to which, and the time at, or duration for which, any public or private right in, upon, under or over any street, Crown foreshore or seabed shall be extinguished, modified or restricted.

(2) For the purposes of subsections (1)(a) and (1)(b) the decision of the Director of Public Works whether or not an altera- Ition of a street is substantial or the closure or alteration of a street

is temporary, permanent or indefinite shall be final.

(3) Where an order is made under subsection (1) every public and private right in, upon, under or over the street, Crown fore- shore or seabed affected by the order shall be extinguished, modified or restricted according to the provisions in that behalf made in the order.

11. (1) Notice of an order made under section 10(1)(a) or Notices of 10(1)(c) in respect of any street. foreshore or seabed shall be orders made

under sec- given in accordance with subsection (2) to every person having son 10, any estate, right, share or interest in the land affected by the order.

(2) Every person referred to in subsection (1) shall be deemed to receive notice of an order under section 1001Xa) or 10(1)(c) if the Director not later than one month before any thing is done under the authority of the onler~

(a) causes a notice conforming to subsection (3) and in both

Chinese and English to be-

(i) posted in a conspicuous position in or near the street, the foreshore or foreshore adjoining the seabed; and

(i) published once in the Gazette:

(b) makes a copy of the order and a plan of the affected area of street, foreshore or seabed available for inspec- tion 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 thinks fit.

(3) The notice referred to in subsection (1) shall—

(a) state that an order bas been made under section 10()(a) or 10(1)(c) and describe the area of street, foreshore or

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