CO129-537-6 Foreshores and Sea Bed Amendment Ordinance 1932 18-8-1932 - 17-1-1933 — Page 24

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Powers of judge in

claims for

compensa- tion.

No. 39 of 1909.

HARBOUR OF REFUGE.

Director of Public Works particulars in writing of such injurious affecting and of their claims in respect thereof, and the Governor may, if he thinks fit, award to any such claimant such a sum of money, or such a Crown lease of any portion of the area to be levelled and reclaimed under the authority of this Ordinance, as he may in his discretion think sufficient as and by way of compensation for any such injurious affecting, and the Director of Public Works shall notify any such claimant in writing of the amount or Crown lease so awarded.

(2) The Governor may instead of awarding any compensa- tion under this section enter into an agreement with any claimant for the compromise or settlement of any claim as the Governor may think fit.

(3) Whenever any claimant shall be dissatisfied with the compensation awarded by the Governor under this section, such claimant may within four weeks from the date of such notification as aforesaid notify the Director of Public Works in writing accordingly, and the Governor shall refer such claim with the particulars thereof to one of the judges. Such judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and, if so desired, hear counsel or solicitors on behalf of the Crown and the claimant, and shall determine the amount of com- pensation, if any, to be paid to any such claimant for any such injurious affecting as is described in sub-section (1), and may award costs in his discretion either for or against the Crown or for or against any parties claiming compensa- tion, such costs in case of difference to be settled by the Registrar of the Supreme Court.

(4) No appeal shall lie from any award or decision of a judge under this section.

13. For the purposes of the hearing of any claim for com- pensation, such judge shall have powers similar to those vested in the Supreme Court on the occasion of any action in respect of the following matters :--

(a) enforcing the attendance of witnesses and examining them upon oath, or otherwise;

(b) compelling the production of documents;

(c) punishing persons guilty of contempt;

(d) ordering inspection of any premises; and

(e) entering upon and viewing of any premises.

Price 10 cents (Hongkong Currency). To be purchased from Messrs. NORONHA & Co., Government Printers, Hongkong, and from the Crown Agents for the Colonies, 4 Millbank, London, S. W. 1.