Pranions of Ordinance
apply to power
omgaway by
order of
CHY CESHT
is. Council.
Statutory
"owner", in relation to any land, means-
(2) a person registered or entitled to be registered as owner of such
land in the Land Office:
(b) a person having any catate or interest in such land, or in lawful occupation thereof, under an instrument registered in the Land Offcc;
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"power company" means a person or any body of persuns, corporate or unincorporate, by whom electricity is generated or transmitted or distributed;
"route" means the alignment of the electric lines of an electricity network as specifled by the terms of the approved scheme relating to such electricity network;
"terms", io relation to an approved scheme, includes the conditions, specifications, restrictions and other stipulations contained therein, and auy plans, maps, drawings or other documents forming part thereof or referred to therein;
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"works" means the construction, operation, maintenance, repair or replace- ment of an electricity network or any part thereof, or the investigation or examination thereof or of any land situated on the route thereof,
3. 0) Where the Governor in Council is satisfied that a power company is carrying out or is about to carry out any works relating to an electricity network across any land in Hong Kong in accordance with the terms of a scheme approved by the Secretary for the Enviroment for the purposes of this section, the Governor in Council may, at the request of the company made in writing to the Secretary for the Environment, order that the provisions of this Ordinance shall apply to the company for the purpose of enabling the company to carry out such works in accordance with the approved scheme.
(2) Before an order is made under this section in respect of an electricity network, the approved scheme relating thereto shall be deposited in the Land Office.
(3) It shall be sufficient for the purposes of an order made under this section to refer therein to an approved scheme by the description and date assigned thereto in the Land Office for the purposes of subsection (2),
(0) Subject to this Ordinance, a power company specified in an order made under section 3 may, in accordance with the terms of the approved scheme relating to the electricity network in respect of which the order is made, exercise from time to time all or any of the following rights in or over land situated on the route of such electricity network-
(a) the right to place and retain any electric line above or below
ground across such land; and
(2) the right to carry out any works required for the purposes of paragraph (4) on such land, including the right to excavate, drain, remove or cover over say part of the soil of such land, and to lop, cul or remove any trees, shrubs, growing stops or vegetation of any kind on such land which obstruct or interfere with any electric line; and
(e) the right to enter on and pass over or under such land with such persons, animals, vehicles and equipment and to do all such acts thereon as may be necessary for or incidental to the exercise of any right conferred by this section,
but nothing in this section shall authorize the power company to place, construct, erect or retain any permanent structure, pole, mast or pylon on such land.
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(2) In this section "land" does not include unleased land within the meaning of the Crown Lands Ordinance which is not occupied under (Cap. 25) Part of that Ordinance.
5. (1) The rights conferred by section shall not be exercisable în Bageraçage not or over any land by virtue of an order made under section 3 unless the order is registered under the Land Registration Ordinance.
(3) I shall be the duty of the power company specified in an order made under section 3 to register the order under the Land Registration Ordinance mol later than 14 days after the date of publication of the arder in the Gazette,
10 have chcel wat onder registered.
(Cap. 138.3
adreniaca
4. (1) Where an order made under section 3 is registered under the Regulation of Land Registration Ordinance, the power company specified in the order order to be shall, once in each of 2 consecutive weeks, publish in 2 Chinese language in pres newspapers and an English language newspaper an advertisement contain- (Ca. 129,) ing the matters specified in subsection (2)" in respect of auch order:
Provided that
(a) such period of 2 consecutive weeks shall, for the purposes of this section, be deemed to commence on the date of publication of the first such advertisement;
(b) the first such advertisement shall be so published not later than
14 days after the date of registration of such order.
(2) An advertisement published under this section shall contain-
(d) a statement of the fact that an order made under section 3 baş
been registered under the Land Registration Ordinance;
(b) the number and date of the order, the date of registration and
the number of the memorial thereof;
(c) particulars of the land affected by the order;
(d) a stalement of the rights exercisable in or over such land under
this Ordinance;
(e) the name and business address of the power company specified
in the order; and
(0 a statement that claims for compensation under section 10 may be submitted in writing to the company at that address not later than 12 mouths after the date of registration of the order and, if the parties fail to agree, to the Lands Tribunal for final determination.
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wed
(1) The Governor may, at the request in writing (addressed to Recuñcation the Secretary for the Environmeal) of a power company specified in an *e of order made under section 3, direct that the terms of the approved scheme scheme. in respect of which the order is made shall be rectified, modified or varied in such manner and to such extent as may be agreed in writing by the company and the Secretary for the Environment, and any such agreement shall be deposited in the Land Office and annexed to the copy of the scheme deposited therein under section 3(2),
(2) Where an agreement for the rectification, modification or varia- tion of the terms of an approved scheme is deposited in the Land Office under subsection (1), the Governor may by order declare that, subject to subsection (3), the approved scheme shall have effect subject lá such rectification, modification or variation, as the case may be, and any reference in this Ordinance or any order thereunder to an approved scheme shall be construed as including a reference to an approved scheme as so rectified, modified or varied.
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