Asprodanese ort
of competeCOL Mularity,
Cbperion of Pars I.
Power to enter
and ure land.
Power B regalaftion DROPSITY.
2
"oil" means oil of any description, spirit produced from oil, coal tar, a mixure containing oil, nöd waste material consisting of or arising from oil;
"requisition", in relation to any property, means to require the use of the property, or to require the property to be placed at the disposal of the authority or officer requisitioning it, or to take possession of the property;
"specified purpose" means the prevention, clearing-up or repair, as the case may be. of pollution, fouling or damage of or to the waters of the Colony, the Foreshore and adjacent areas, beaches, coastal amenities, piers and marine life, caused by oil.
3. The Governor may appoint a public officer to be a competent authority for the purposes of this Ordinance.
PART II
POWD TO ENTER AND REQUISITION PROPERTY
4. (1) This Part shall not come into operation except on such day as the Governor may appoint by order and, subject to subsection (2) but without prejudice to the making of further orders under this subsection, shall then remain in force for 30 days.
(2) Without prejudice to his power to make further orders under subsection (1), the Governor may by order discontinue the operation of this Part by revoking the order under subsection (1).
(3) An order under this section need not be published in the Gazerre prior to its commencement, but shall be given such publicity as the Governor may deem AL and shall as soon as may be convenient be published for information in the Gazette,
5. (1) Any public officer so directed by a competent authority may, for a specified purpose and accompanied by such "other public officers or other persons as he thinks necessary-
(a) enter any land, and pass over any land;
(b) use any land and conduct therein any operation; and
(c) remove from any land or prevent from entry to any land any
person, including the owner or occupier thereof:
Provided that such a power shall not be exercised in relation to any part of a building used for residential purposes unless the competent authority's directions are given in writing."
(2) Any such public officer may cause to be taken on to any land such vehicles, machinery, equipment and material as he thinks necessary For the specified purpose.
6
(0) A competent authority and any public officer authorized in that behalf by a competent authority in writing may, if and for so long es it appears to him to be necessary or expedient for a specified purpose- (a) requisition any property, other than land, vessels of foreign
registration and aircraft;
(b) give such directions and take such steps as appear to him to be necessary to secure effective use or possession of the requist- tioned property; and
(c) use and deal with any such property as if he were the owner
thereof.
3
(2) All property requisitioned under subsection (1) shall as far and as soon as practicable be returned to the owner or person from whom it was requisitioned.
PART III
COMPENSATION
1. (1) Any person who sustains loss or damage in consequence or CompTOSALON. arising out of the exercise of any power under Part 1. or is entitled to the use of or rent from any properly requisitioned under section 6, shall. subject to this Part, be entitled to recover such compensation as is just having regard to all the circumstances of the case.
(2) A claim for compensation under this Ordinance shall be made in writing to the Secretary for the Environment not later than 3 months after the last day on which the power was exercised or the use of any land or requisitioned property ceased:
Provided that the Secretary for the Environment may, in any particular case, extend the period for making claims,
(3) Upon receipt of a claim, the Secretary for the Environment shall as soon as practicable cause the amount of compensation to be assessed and notice of the amount assessed to be served upon the claimant personally or by registered post.
(4) TF the claimant agress in writing that he accepts such amount in full settlement of his claim, that amount shall be paid to the claimant.
EL
In the absence of agreement as 10-
(a) whether compensation is payable under this Ordinance; or
(b) the amount of such compensation; or
(c) the person to whom it is payable,
the issue shall be determined in civil proceedings begun by the claimant not later than 3 months after the service upon him, of notice under section 7(3), and no compensation shall be due or payable otherwise than so determined.
9,
PART IV
MISCELLANEOUS
Comrenaauc
to be deterolae by givin Protodop
io default of METSEENDETI.
Compensation payable under this Ordinance is charged on and Compensation shall be paid out of the general revenue of Hong Kong.
10. (1) The owner of
(a) a vessel from which oil, not being part of a cargo of persistent all in bulk within the meaning of the Merchant Shipping (Oil Pollution) (Hong Kong) Order 1975, has escaped or been dis- charged within the waters of the Colony; or
(b) any installation or container, whether on land or in or on water, not being a vessel or part thereof, from which any oil has escaped or been discharged into the waters of the Colony,
to be pald from repens)
revenue.
Liability for cosm of cleaning-up
(L.I. 47176)
No comments yet.
Private notes are available after approval.