Registrar may apply for order.
LANDS TRIBUNAL (AMENDMENT)
Ord. No. 21/77
A95
(2) In this section and in section 7C- "registrar" includes a deputy registrar and assistant registrar.
7C. The registrar may, in case of doubt or difficulty, apply summarily to the Tribunal for an order for the direc- tion and guidance of a bailiff, and the Tribunal may make such order in the matter as may seem just and reasonable.”.
4. Section 9(8) of the principal Ordinance is amended by inserting Amendment of after "member" the following-
"or registrar"
section 9.
5. Section 11(2) of the principal Ordinance is amended by deleting Amendment of "clerk to the Tribunal" and substituting the following-
"registrar".
section 11.
6. (1) Section 43 of the Rating Ordinance is amended by deleting Consequential "or clerk" where it occurs in subsections (1) and (2).
(2) Section 25(2) of the Hong Kong Airport (Control of Obstructions) Ordinance is amended by deleting "clerk to" and substituting the following-
amendments to other Ordinances.
(Cap. 116.)
(Cap. 301.)
"registrar of".
Passed by the Hong Kong Legislative Council this 30th day of March, 1977.
L. TSE,
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
L. TSE,
Clerk to the Legislative Council.
A BILL
To
Enclosure No. 4
Amend the Lands Tribunal Ordinance.
Enacted by the Governor of Hong Kong, with the advice and consent
of the Legislative Council thereof.
1. This Ordinance may be cited as the Lands Tribunal (Amendment) Short title. Ordinance 1977.
2. Section 2 of the principal Ordinance is amended by inserting, Amendment of after the definition of “qualified in law", the following definition—
66.66
"registrar" means the Registrar of the Lands Tribunal;".
section 2.
(Cap. 17.)
3. The principal Ordinance is amended by adding, after section 7, Addition of the following sections-
"Officers of the Tribunal.
Protection of registrar.
Registrar may apply for order.
7A. (1) There shall be attached to the Tribunal a registrar and such number of deputy registrars, assistant registrars, bailiffs, clerks, interpreters and other officers as the Governor may consider necessary.
(2) In addition to the powers and duties conferred or imposed by or under this Ordinance or any other enactment, the registrar, any deputy registrar, assistant registrar, bailiff, clerk, interpreter and other officer attached to the Tribunal may exercise such powers and perform such duties, insofar as the same are applicable to the business of the Tribunal, as those respectively exercised or performed by the registrar, deputy registrar, assistant registrar, bailiff, clerk, interpreter or other officer attached to the Supreme Court.
(3) Any act which by or under this Ordinance or any other enactment is required or authorized to be done by the registrar may be performed by a deputy registrar or assistant registrar of the Tribunal and any process of the Tribunal may be executed by any bailiff thereof notwithstanding that it may have been directed personally to some other bailiff. 7B. (1) No action shall be brought against the registrar
for-
(a) any act done or omitted to be done by any bailiff
without directions from the registrar; or
(b) any directions given to any bailiff with regard to the execution or non-execution of process if-
(i) such directions are in accordance with an order from the Tribunal under section 7C; and
(ii) no material fact is wilfully misrepresented or suppressed by the registrar.
new sections 7A, 7B and 7C.
(2) In this section and in section 7C- "registrar" includes a deputy registrar and assistant registrar. 7C. The registrar may, in case of doubt or difficulty, apply summarily to the Tribunal for an order for the direc- tion and guidance of a bailiff, and the Tribunal may make such order in the matter as may seem just and reasonable.".
Section 9(8) of the principal Ordinance is amended by inserting Amendment of after "member" the following-
4.
section 9.
"or registrar".
Tuz
Amendment of section 11.
Consequential amendments to other Ordinances. (Cap. 116.)
(Cap. 301.)
2
5. Section 11(2) of the principal Ordinance is amended by deleting "clerk to the Tribunal" and substituting the following-
"registrar".
6. (1) Section 43 of the Rating Ordinance is amended by deleting "or clerk" where it occurs in subsections (1) and (2).
(2) Section 25(2) of the Hong Kong Airport (Control of Obstructions) Ordinance is amended by deleting "clerk to" and substituting the following-
"registrar of".
Explanatory Memorandum
The new section 7A in clause 3 of the Bill provides for the attachment to the Lands Tribunal of a registrar and other officers of the Tribunal who will perform such functions and exercise such powers as are necessary in relation to proceedings before the Tribunal. The new sections 7B and 7C in clause 3 give the officers of the Tribunal the benefit of the same protection as attaches to officers of the Supreme Court. The other provisions in the Bill are consequential.
J. W. D. HOBLEY,
Attorney General.
一九七七年土地審裁處(修訂)法案
摘要說明
本法案第三條內之新訂第七條,規定在土地審裁處設置經歷司及其他職員, 以便執行所需之職務及行使所需之權力,以處理審裁處之訴訟案件。法案第三條內 之新訂第七乙及第七條賦給審裁處職員以最高法院職員所享有之相同保障。本法 案之其他規定,均係相應引起者。
律政司 百勵
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