HONG KONG
LEGAL REPORT
Enclosure No. 2
THE MASS TRANSIT RAILWAY (LAND RESUMPTION AND
RELATED PROVISIONS)(AMENDMENT) ORDINANCE 1978
(No. 66 of 1978)
Sections 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.
2.
Section 21 of the principal Ordinance prescribes the procedure for claims for loss and damage under that Ordinance. Subsection (5) of that section, which in general requires such claims to be admitted or rejected within 3 months, is too inflexible in relation to claims for structural damage. Sections 4 and 5 of this Ordinance accordingly terminate the application of the said 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 also 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.
3. Section 6 empowers the Director of Public Works to authorize persons outside the public service to seek further information on claims for compensation and is designed to enable non-Government experts to be used in assessing claims.
4. Before the Acting Governor assented to the Bill in the name and on behalf of Her Majesty, I advised that he could properly do so.
24 July 1978.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG.
Jos Aobla,
Attomey General.
No comments yet.
Private notes are available after approval.