1974-HKRS28-16-22_Part05 — Page 1

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Jurisdiction of Lands Tribunal.

the Director offer a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of his claim or any rejected part thereof.

(2) Where an offer made by the Director pursuant to sec- tion 21(6)(a) or by the Director or the claimant pursuant to subsection (1) is not accepted by the other party no part of the contents thereof which relates to any part of a claim before the Lands Tribunal shall be disclosed to that Tribunal until the amount of compensation for that part is assessed by it but a copy of the offer enclosed in a sealed envelope may be lodged with the registrar of the Lands Tribunal and opened by it after it has made its assessment.

(3) Where the Director has made any offer pursuant to section 21(6)(a) which is refused by the claimant or either party has made any offer pursuant to subsection (1) which is refused by the other and the compensation including costs (if any) assessed by the Lands Tribunal does not exceed the amount of compensa- tion including costs (if any) comprised in the offer, the Lands Tribunal shall, unless for special reasons it thinks it proper not to do so, order the party who refused the offer to bear his own costs and to pay the costs of the other party in so far as the costs of either party are incurred after the making of the offer.

PART V

ASSESSMENT AND AWARD OF COMPENSATION

24. (1) The Lands Tribunal shall have jurisdiction to hear and determine in accordance with this Ordinance-

(a) all claims for compensation which the Director or the claimant may refer to it under section 21(6) or (7); and (b) applications provided for by sections 8(2), 19(2) and 33.

(2) The Lands Tribunal shall also have jurisdiction to award compensation or any part thereof to a claimant if at the time of the award it has no notice or intimation of any dispute as to his entitlement but the making of any such award shall not affect the entitlement to receive compensation under this Ordinance of any other person who may thereafter be held by a court of competent jurisdiction to have a better title to the compensation or any part thereof than the person to whom it was awarded.

(3) An award of compensation under subsection (2) shall not in any way affect the entitlement of a mortgagee to be paid compensation in accordance with section 25.

25. (1) Subject to subsection (2) a mortgagee of land which Payment to reverts to the Crown or vests in The Colonial Treasurer Incor- mortgageek. porated under this Ordinance shall, in so far as he has priority

as against any other mortgagee, be cotitled to be paid so much of any compensation as is required to discharge his mortgage debt including any interest thereon.

(2) If compensation is payable under this Ordinance other- wise than for land resumed or if the land to which compensation relates is part only of the mortgage security a mortgagee shall, in so far as he has priority as against any other mortgagee, be entitled to be paid so much of the compensation as is necessary to reduce his mortgage debt to an amount which is adequately secured by the land or the remaining land as the case may be.

(3) The payment of compensation, as required by subsec- tions (1) and (2), shall be made in accordance with the written agreement of the claimant and every mortgagee of the land or failing such agreement in accordance with an order of the Supreme Court under subsection (4).

(4) The claimant or any mortgagee may apply to the Supreme Court for an order as to the payment of unpaid compensation and on any such application the Court may make such order as it thinks just and equitable having regard to the requirements of subsections (1) and (2),

26. The Lands Tribunal may direct that interest be paid on Interest on compensation (but not on costs) from such date and for such compensa-

tion. period as it thinks fit, at the rate paid from time to time by members of the Exchange Banks Association on deposits at 7 days' call or at such other rate as may be determined by resolution of the Legislative Council.

Costs-

27. All compensation (including interest thereon) and all Compensa

tion payable out of

(a) agreed to be paid to the claimant by the Director; or (5) awarded by the Lands Tribunal against the Crown. shall be paid out of the general revenue of the Colony within 3 months of the agreement or award, unless there is a dispute as to the person entitled to such compensation.

general revenue.