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No account of increase or

decrease in

value attribut- able to the railway.

Temporary closure or

alteration of a street.

(Cap. 130.)

Refusal or reduction where

Buildings

Ordinance

contravened.

(Cap. 123.)

Compensation where damage

results only

partly from the railway.

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

AND RELATED PROVISIONS)

(b) a mortgagee in possession;

(c) the holder of a valid and subsisting option to purchase an interest

referred to in (a) or (d);

(d)

a purchaser under an agreement for sale and purchase to whom the benefit of an interest referred to in (a) or (c) has already passed;

"date of resumption" means the day on which land reverts to the Crown

or vests in The Colonial Treasurer Incorporated under section 4(3);

"disturbance" means the displacement of a person from land and the in- terruption of or interference with trade or business, whether such displacement, interruption or interference is temporary or permanent;

"disturbance payment" means a sum equal to—

(a) the financial loss naturally and reasonably resulting from the

displacement of a person from land; and

(b) in the case of disturbance of a trade or business on any land, the financial loss naturally and reasonably resulting from the distur- bance of that trade or business;

"open market value" means the amount which the land if sold in the open

market by a willing seller might reasonably be expected to realize.

3. In the assessment of compensation no account shall be taken of any increase or decrease in the value of land to which, or to the building works on which, the compensation relates which is attributable to—

(a) the delineation thereof under section 3 as part of the railway

area; or

(b) the construction or operation of the railway, including any damage for which compensation would have been payable but for the operation of section 20(2).

4. No compensation shall be payable under item 4 of Part I of this Schedule in respect of pecuniary loss or damage caused by the temporary closure or temporary substantial alteration of a street authorized under section 10(1)(b) unless such closure or alteration would if authorized under the Streets (Alteration) Ordinance give rise to a claim under section 11(3) of that Ordinance.

5. Compensation may be refused or reduced in respect of any build- ing or part thereof which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Buildings Ordinance being a contravention within the meaning of that Ordinance.

6. The compensation assessed under item 6 or 7 of Part I of this Schedule shall be reduced to such extent as the Lands Tribunal thinks just and equitable having regard to the share in the responsibility for the loss or damage not attributable to and connected with the railway.