TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 53

T

MASS TRANSIT RAILWAY (LAND RESUMPTION Ord. No. 66/74

AND RELATED PROVISIONS)

A409

shall, for the purposes of section 23 of the Buildings Ordinance, (Cap. 123.) be deemed to constitute a contravention of that Ordinance.

(3) Where the Building Authority refuses under subsection (1)(a) to give his approval to any plan because he is of the opinion that the building works shown thereon would be imcompatible with works or proposed or likely works for the construction of stages 1 to 4 of the railway, the owner of the land on which such building works were to be carried out may, by notice in writing to the Director, require that the land be resumed under this Ordin-

ance.

(4) Where notice is given under subsection (3) the Governor shall, unless the notice is withdrawn, make an order under section 4(1) in respect of the land not more than 1 month after receipt of the notice by the Director, and the period of notice specified in the order shall be 1 month.

(5) In subsection (3) "owner" means the person holding the land direct from the Crown under a Crown lease.

16. Any person who wilfully obstructs any person lawfully Obstruction. exercising or performing any power duty or function arising under section 5(2)(a)(i), 7(2)(a)(i), 9, 11(2)(a)(i), 12(1), 12(6), 14(2) or 14(4) or lawfully exercising any power consequential or incidental to an easement created pursuant to section 6 shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for one year.

PART IV

RIGHTS TO COMPENSATION AND CLAIMS PROCEDURE

17. No action, claim or proceedings shall lie or be brought No remedy against the Crown or any other person-

except under this Ordin-

(a) to restrain the doing of anything which is authorized by ance. or under this Ordinance or to compel the doing of anything which may be omitted to be done thereunder; or

(b) to recover damages, compensation or costs for-

(i) damage or disturbance to or loss of or in the value

of any land, chattel, trade or business;

(ii) personal disturbance or inconvenience;

(iii) extinguishment, modification or restriction of rights;