TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 62

A418

Ord. No. 66/74

MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS)

Losses for which

compensation may be claimed

2.

The loss-

(a) of value of land caused by the creation of an easement in, under or over that land pur- suant to section 6.

(b) due to dis-

turbance

Basis on which compensation is to be assessed

(a) The amount by which the open market value of the land is reduced on the date on which the easement is created under section 6(4).

(b) A disturbance payment.

Persons who may claim compensation

for their respective losses

(a) Any person

owning a com- pensatable interest in the land on the date on which the easement is created under section 6(4).

(b) Same as in item

2(a).

Period within which the claim must be served on the Director

(a) Before the expira- tion of 1 year from the date on which the easement is created under sec- tion 6(4).

(b) Same

2(a).

as

in

item

resulting

from the

creation of

an easement

under

section 6.

3.

The loss of value

4.

5.

6.

of land, no part of which is resumed, due to the extinction of any right or easement upon the resumption of adjacent or contiguous land.

The pecuniary loss or damage caused or likely to be caused by the closure or substantial alteration of a street under section 10.

Loss sustained by the extin- guishment, modification or restriction of any private right over Crown foreshore or seabed under

section 10.

(a) Structural

damage to any building resulting from the construction or operation of the

railway.

On the basis pro- vided for by the Crown Lands Resumption Ordin- ance for the extinc- tion of any right or easement caused by resumption under that Ordinance.

As if the claim were made under the Streets ((Alteration) Ordinance for pecuniary loss or damage within the meaning in section 4(2) or 11(3) of that Ordinance.

The amount which might fairly and rea- sonably be assessed as the pecuniary loss of the claimant.

(a) (i) The amount

which is, or might be, fairly and reasonably incurred in repairing the damage.

(ii) The amount by which the open market value of the land is, or would be, reduced as a result of the manner in which it is necessary to repair the damage.

Any person who would be entitled to claim compensa- tion under the Crown Lands Resumption Ordinance for the extinction of any right or easement caused by resumption under that Ordinance if the adjacent or

contiguous land had been resumed there- under.

Any person who would be entitled to claim compensation under section 4(2) or 11(3) of the Streets (Alteration) Ordin- ance if the closure or substantial alteration were one to which that Ordinance applied.

Any person in whom the private right was vested at the date of extinguishment, modification or restriction provided for under section 10(1Xd).

(a) Any person

owning a com- pensatable interest in the damaged building.

Before the expiration of

1 year from the date of resumption

the of adjacent or contiguous land.

Before the expiration of 1 year from the closure of the street or from the completion the sub- stantial alteration which is alleged to have caused the pecuniary loss or damage.

Before the expiration of 1 year from the date of extinguishment. modifi- cation or restriction pro- vided for under section 10(1Xd).

(a) Before the expira- tion of 6 years from the date of the opening for public traffic of that por- tion of the railway from which the damage is alleged to have resulted.