TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 61

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

AND RELATED PROVISIONS)

A417

then such statement shall be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact so stated.

easements.

32. Any land resumed or easement created under this Disposal of Ordinance and any land which becomes vested in The Colonial lands and Treasurer Incorporated may be used in such manner as the Crown or The Colonial Treasurer Incorporated thinks fit and may be disposed of to any person by any means and on any terms what-

soever.

33. The Lands Tribunal may, on the application of any Certificates person, certify the amount of any settlement of compensation of values. agreed between that person and the Director under this Ordinance or the amount of the price of land being sold by that person to the Crown for the purposes of or incidental to the railway and any amount so certified by the Lands Tribunal shall be deemed to be the best settlement or sale price (as the case may be) which could reasonably be obtained.

34. (1) Except to the extent that provision is otherwise Certain made in Part I of the First Schedule-

(a) the Crown Lands Resumption Ordinance shall not apply to the resumption of any land ordered under section 4 nor to any claim for or determination, award or pay- ment of compensation for such resumption; and

Ordinances not to apply. (Cap. 124.)

(b) the Streets (Alteration) Ordinance and the Public (Cap. 130.) Reclamations and Works Ordinance shall not apply to (Cap. 113.) an order made under section 10(1) nor to the implementa-

tion or effects thereof.

(2) The Railways Ordinance shall not apply to the construc- (Cap. 99.) tion, operation, maintenance or improvement of the railway.

[s. 18.]

Losses for which compensation may be claimed

1. The loss of land

resumed under section 4.

FIRST SCHEDULE

PART I

Basis on which compensation is to be assessed

As if the claim were made under the Crown Lands Re- sumption Ordinance for land resumed under that Ordinance.

Persons who may claim compensation

for their respective losses

Any person who would be entitled to claim compensation for land resumed under the Crown Lands Resumption Ordinance if the land had been resumed thereunder.

Period within which the claim must be served on the Director

Before the expiration of 1 year from the date of resumption.