TNAG-0770-FCO40-974-Construction-of-underground-railway-system-in-Hong-Kong-1978 — Page 80

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he is satisfied that such person is qualified to

exercise such powers and functions.".

Amendment of First Schedule.

7. Part I of the First Schedule to the principal

Ordinance is amended in items 11 and 12 by inserting,

after "stages 1 to 4", the following --

"and stage 6".

Explanatory Memorandum

Clauses 2, 3 and 7 extend the application

of the provisions of the principal Ordinance to stage

6 of the modified initial system of the Mass Transit

Railway

that is, to the proposed Tsuen Wan extension.

Section 21 of the principal Ordinance

prescribes the procedure for claims for loss and damage

under that Ordinance. Subsection (5) which in general

requires such claims to be admitted or rejected within

3 months is too inflexible in relation to claims for

structural damage. Clauses 4 and 5 of this Bill

accordingly terminate the application of subsection (5)

to claims for structural damage and make amendments

wholly consequential to this. Only the procedure in

relation to such claims is affected, and not the right

to compensation. The procedure in relation to other

sorts of claims is not affected e.g. for land resumption

or street closure; nor is the existing safeguard

enabling any claimant to commence proceedings in the

Lands Tribunal if his claim is not settled within 4

months of its receipt.

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