TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 58

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A414

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

AND RELATED PROVISIONS)

the Director offer a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of his claim or any rejected part thereof.

(2) Where an offer made by the Director pursuant to sec- tion 21(6)(a) or by the Director or the claimant pursuant to subsection (1) is not accepted by the other party no part of the contents thereof which relates to any part of a claim before the Lands Tribunal shall be disclosed to that Tribunal until the amount of compensation for that part is assessed by it but a copy of the offer enclosed in a sealed envelope may be lodged with the registrar of the Lands Tribunal and opened by it after it has made its assessment.

(3) Where the Director has made any offer pursuant to section 21(6)(a) which is refused by the claimant or either party has made any offer pursuant to subsection (1) which is refused by the other and the compensation including costs (if any) assessed by the Lands Tribunal does not exceed the amount of compensa- tion including costs (if any) comprised in the offer, the Lands Tribunal shall, unless for special reasons it thinks it proper not to do so, order the party who refused the offer to bear his own costs and to pay the costs of the other party in so far as the costs of either party are incurred after the making of the offer.

Jurisdiction

of Lands Tribunal.

PART V

ASSESSMENT AND AWARD OF COMPENSATION

24. (1) The Lands Tribunal shall have jurisdiction to hear and determine in accordance with this Ordinance-

(a) all claims for compensation which the Director or the claimant may refer to it under section 21(6) or (7); and (b) applications provided for by sections 8(2), 19(2) and 33.

(2) The Lands Tribunal shall also have jurisdiction to award compensation or any part thereof to a claimant if at the time of the award it has no notice or intimation of any dispute as to his entitlement but the making of any such award shall not affect the entitlement to receive compensation under this Ordinance of any other person who may thereafter be held by a court of competent jurisdiction to have a better title to the compensation or any part thereof than the person to whom it was awarded.

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