TNAG-0508-FCO40-573-Construction-of-underground-railway-system-in-Hong-Kong-1974 — Page 80

G.F. 323

機密

CONFIDENTIAL #B

63-

Clause 35:

Except as provided in Part I

of the Schedule, the Crown Lands Resumption Ordinance

(Cap. 124), the Streets (Alteration) Ordinance (Cap. 130)

and the Public Reclamations and Works Ordinance (Cap. 110)

are not to apply. The Railways Ordinance (Cap. 99)

is not to apply in any way to the Mass Transit Railway.

The Schedule

The heads under which compensation may be

claimed are set out in items 1 to 10 of Part I of the

Schedule. Each of the items has already been described

above. Part II of the Schedule contains definitions

(most of which are also referred to above) which apply

Lands to Part I, and rules to be followed by the Tribunal in

assessing compensation.

Paragraph 3: No compensation is to be

assessed in respect of part of land which lies more

than 10 metres beneath the surface, where only that

part is resumed or to be used to accommodate an easement.

Paragraph 4: No account is to be taken of

any increase or decrease in the value of land which is

attributable to the railway.

Paragraph 5:

Compensation for a temporary

closure or temporary substantial alteration of a street

is equated with the position under the Streets (Alteration) Ordinance (Cap. 130).

Paragraph 6: In assessing compensation

account may be taken of the fact that a building has

been constructed or modified in contravention of the

Buildings Ordinance (Cap. 123).

CONFIDENTIAL #