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THE HONGKONG GOVERNMENT GAZETTE, AUGUST 19, 1910.
HONGKONG.
No. 21 or 1910.
An Ordinance to provide for the narrowing,
stopping up, diversion, turning or alteration in levels of Highways.
LS
F. H. MAY,
Short title.
Power of Governor-
in-Council to narrow, etc., Crown land,
streets on
Owner of occupier to send objec- tion in
writing to Colonial Secretary,
Objection to be
considered
Officer Administering the Government.
[19th August, 1910.]
Be it cuncted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be eite Ordinance, 1910.
HF the Highways
2. Whenever, in the opinion of the Governor-in-C'ommeil, it shall be expedient to narrow, stop up, divert or turn any strect on Crown land, or any portion of such strect, either entirely or reserving a bridle way or foot way along the whole or any part or parts thereof or to alter the level of any such street or portion thereof, the Governor-in-Council may direct that a notification be published, in English and Chinese, in three successive numbers of the Gazette, specifying the locality and extent of the street which it is proposed to so narrow, stop up, divert, turn or alter the level of, and shall further direct that a notice in writing, in English and Chinese, in the form or to the effect of the Schedule to this Ordinance be affixed at each end of the said street, or of such portion of the said street as it is proposed to narrow, stop up, divert, turn or alter the level of.
3. If any owner or occupier of property in the immediate vicinity of such street objects to such narrowing, stopping up, diversion, turning or altering the level of, such objec- tion shall be sent in writing to the Colonial Secretary so as to reach his office not later than one week after the publication of the last of the aforesaid notifications in the Gazette. Such objection shall state the reasons and specify the property with regard to the ownership or occupation of which such objection is made and the interest therein of the objector.
4. Every such objection shall be considered by the Governor-in-Council, and the person objecting may, if he so desire, be heard in its support either by himself or by by Governor his representative, and the Governor-in-Council may up- hold or disallow the objection and may in his discretion award such compensation as he may deem just in respect of the works proposed to be carried out.
in Council.
Reference to arbitration.
Appoint ment of
arbitrators.
5. If such objection is disallowed and the Governor-in- Council refuses to award compensation or if the person is dissatisfied with the compensation awarded the matter shall be referred to arbitration and determined in the manner hereinafter provided.
6.-(1.) Two arbitrators shall be appointed one to be nominated by the Governor and the other by the person objecting to the works proposed to be carried out.
(2.) The arbitrators shall determine whether compensa- tion should be awarded and shall assess the amount of compensation, if any, to be paid in respect of the works proposed to be carried out.
(3.) In the event of their disagreement the arbitrators shall refer the matter to the Puisne Judge of the Supreme Court as umpire who shall assess the amount of compen- sation, if any, to be paid as aforesaid,
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