TNAG-0508-FCO40-573-Construction-of-underground-railway-system-in-Hong-Kong-1974 — Page 68

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

S

off

where

compensation

paid for loss of value and land later resumed.

CONFIDENTIAL ## 機密

51

9. If compensation under item 2, 3, 4, 5, 9 or 10

has been paid in respect of the reduction of value of land

and such land or part thereof is subsequently resumed by Els

Crown under this Ordinance or any other enabling power, ....1

notwithstanding paragraph 4 of this Part of this Schedule

or any other provision of law to the same or similar effect

the amount of that reduction in value shall be taken int.

account to reduce the compensation for the resumption f

that land to the extent that it was taken into account in

the assessment of compensation for the reduction in value

thereof.

?

Claim by a mortgagee

in

possession.

10. Where under this Ordinance a claim for

compensation may be made by a mortgagee in possession

(a) such claim may include compensation in respect of

the whole interest which comprises the mortgage

security; and

(b)

compensation received by a mortgagee in

possession shall be applied by him as if it were

proceeds of sale of the mortgage security.

Avoidance of doubt.

(Cap. 124.)

11.

For the avoidance of doubt it is declared that

where an interest in land has been resumed under section 4,

the assessment of compensation under items 1 and 3 of

Part I of this Schedule shall not be affected by the fact

that power to resume that interest is not conferred by the

Crown Lands Resumption Ordinance.

G.F. 323

CONFIDENTIAL

機密

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