TNAG-0955-FCO40-1174-Legislation-for-traffic-on-roads-in-Hong-Kong-1980 — Page 149

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Ord. No. 39,80

Compensation

for diminution

of value

of land.

(Cap. 128.)

(Cap. 17.)

Liability for loss or damage.

ELECTRICITY NETWORKS (STATUTORY EASEMENTS)

representations as to the matters in dispute put forward by the owner or the power company, as the case may be, and to submit a report in respect thereof for the consideration of the Secretary for the Environment.

(4) The Secretary for the Environment shall consider any objection of which particulars are delivered to him under subsection (2) and any report directed to be submitted to him under subsection (3) in respect thereof, and shall give such directions to the power company relating to the exercise by the power company of any rights to which the objection relates as he may deem proper having regard to the public interest and shall give notice of such directions to the owner concerned; and it shall be the duty of the power company and the owner to comply with such directions.

10. (1) Where an order made under this Ordinance affecting any land is registered by a power company under the Land Registration Ordinance, the company shall be liable to pay compensation to the person who, at the date of registration of the order, is the owner of the land in respect of any diminution of the value of his estate or interest therein attributable to the registration of the order.

(2) Any person claiming to be entitled to be paid compensation by a power company under this section in respect of any land may, not later than 12 months after the date of registration of an order made under this Ordinance affecting such land, deliver particulars of the claim in writing to the company.

(3) If, within a period cf 28 days after the delivery of the partic- ulars of any claim to a power company under this section, the claimant and the company fail to reach agreement in respect of the company's liability, if any, under this section, the claimant may, not later than 60 days after the expiration of that period, submit the claim to the Lands Tribunal for determination.

(4) The Lands Tribunal shall have jurisdiction to determine the amount of compensation, if any, payable in the case of any claim sub- mitted to the Tribunal under this section; and in the application of the Lands Tribunal Ordinance to any such determination, section 11(1) of that Ordinance shall have effect as if for paragraphs (a) and (b) thereof there were substituted the words "the amount of compensation payable in the case of any claim submitted to it under section 10 of the Electricity Net- works (Statutory Easements) Ordinance 1980".

(5) In the determination of the amount of compensation, if any, payable under this section, no compensation shall be given in respect of-- (a) any expectancy or probability of the grant or renewal or con- tinuance by the Crown or any person of any licence, permission, lease or permit whatsoever;

(b) any use of the land which is not in accordance with the terms

of the Crown lease under which the land is held.

(6) For the purposes of this section, "value", in relation to any land affected by an order made under this Ordinance, means the open market value of the land assessed as at the date of registration of the order.

11. (1) Subject to this section, nothing in this Ordinance shall affect the liability of any person in respect of any loss or damage caused by or arising out of the exercise of any rights under this Ordinance.

ELECTRICITY NETWORKS (STATUTORY

EASEMENTS)

Ord. No. 39,80

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(2) Where by reason of the exercise by a power company of any rights under this Ordinance in or over any land-

(a) any fixtures, growing crops, farm produce or plants on such

land are damaged; or

(b) in the case of land which is used exclusively for the purpose of tillage, the use of such land for that purpose is temporarily prevented or restricted to such extent as to cause any loss, the company shall be liable for such loss or damage notwithstanding that the company acted with reasonable care or that the loss or damage could not have been avoided without preventing or hindering the exercise of such rights:

Provided that if the company proves that the loss or damage resulted wholly or partially either from an act or omission done with intent to cause any loss or damage by the person who suffered the loss or damage or from the negligence of that person, the company shall be exonerated wholly or partially from its liability to such person.

(3) This section shall not apply in relation to any claim for com- pensation in respect of the diminution of the value of any estate or interest in land.

obstruct power company.

12. Any person who wilfully obstructs or interferes with the lawful Offence to exercise by any power company or its officers or servants or agents, or persons authorized by the company in that behalf, of any rights exercisable by the company under this Ordinance in respect of any land commits an offence and is liable to a fine of $5,000 and to imprisonment for 6 months.

1980.

Passed by the Hong Kong Legislative Council this 9th day of July

LORNA LEUNG.

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.

LORNA LEUNG,

Clerk to the Legislative Council.