1980-HKRS28-16-28_Part02 — Page 52

Litty for low for damANS.

Oltence la obauruçt postreg DODALETE,

(6) For the purposes of this section, "value", in relation to any land affected by an order made under this Ordinancs, means the open market value of the land assessed as at the date of registration of the order.

11. (1) Subject to this section, nothing in this Ordinance shall affect the liability of any person in respect of any loss or damage caused by or arising out of the exercise of any rights under this Ordinance.

(2) Where by reason of the exercise by a power company of any rights under this Ordinance in or over any land-

(a) any fixtures, growing crops, farm produce or plants on such

land are damaged, or

(b) in the case of land which is used exclusively for the purpose of tillage, the use of such land for that purpose is temporarily prevented or restricted to such extent as to cause any loss, the company shall be liable for such loss or damage notwithstanding that the company acted with reasonable care or that the loss or damage could not have been avoided without preventing or bindering the exercise of such rights:

Provided that if the company proves that the loss or damage resulted wholly or partially either from an act or omission done with intent to cause any loss or damage by the person who suffered the loss or damage or from the negligence of that person, the company shall be exonerated wholly or partially from its liability to such person.

(3) This section shall not apply in relation to any claim for com- pensation in respect of the diminution of the value of any estate or interest in land.

12. Any person who wilfully obstructs or interferes with the lawful exorcise by any power company or its officers or servants or agents, of persous authorized by the company in that behalf, of any rights exercisable by the company under this Ordidance in respect of any land commits au offence and is liable to a fine of $5,000 and to imprisonment for 6 months.

1980.

Passed by the Hong Kong Legislative Council this 9th day of July

Hey

Clerk to Legislative

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and/correctly printed copy of the said bill

1

No. 40 of 1980

!

I assent.

Governor.

10 July 198

Clerk to th Legklative Council.