581692-1940-Compensation-Defence-Regulations-1940 — Page 5

THE HONG KONG C ERNMENT

AZETTE, MAY 10, 1940.

701

cestoration is completed or, as the case may be. the date specified in the notice.

(4) Where, by virtue of the operation of paragraph (6) in relation to any work done on any land, the period in respect Of which compensation under paragraph (1) is payable by reason of the doing of the work comes to an end. then if, at the expiration of that period, the value of any estate or interest which a person then has in the land is less than it would be but for the doing of the work, there shall be paid to him. by way of compensation under these regulations, a sum equal to the amount of the said depreciation in the value of the estate or interest; and that compensation shall be taken to accrue due at the expiration of the said period.

(5) As soon as may be after effecting any restoration or serving any notice in pursuance of paragraph (3), the person by whom the restoration was effected or the notice was served shall cause the fact of the restoration or the contents of the notice, as the case may be, to be published in such manner as he thinks best adapted for informing persons affected.

(6) In determining for the purposes of this regulation whether the annual value of any land is diminished by reason of the doing of any work thereon, and in assessing any com- pensation under this regulation in respect of the doing of any work on any land, it shall be assumed that the land cannot be restored to the condition in which it would be but for the

ing of the work.

(7) For the purposes of this regulation, no account shall taken of any diminution or depreciation in value ascribable nly to loss of pleasure or amenity.

(8) No compensation under this regulation shall, in rela- on to any land, be payable in respect of any period for which possession of that land is taken on behalf of the Governor in the exercise of emergency powers,

(9) In this regulation—

(11)

anual value means, in relation to any land. the ent at which the land might reasonably be expected to let from year to year, if the tenant undertook to pay all usual rates and taxes and to bear the costs of the repairs and insurance and the other expenses, if any, necessary to maintain the land in a state to command that rent; and

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(B) “diminution of the annual value means, in relation the doing of any work on any land, the amount by which the annual value of the land is less than it would be if the work had not been done.

sation In

6.--(1) The compensation payable under these regula- Compen tions in respect of the requisition of any vessel, vehicle or respect of aireraft shall be the aggregate of the following sums, that is requisition

or acquisi- tion of vessels.

aircraft.

(a) a sum equal to the amount which might reasonably vehicles ane he expected to be payable by a person for the use of the ressel, vehicle or aircraft during the period of the requisition. under a charter or contract of hiring whereby he undertook to bear the cost of insuring, maintaining and running the. vessel, vehicle or aircraft, and

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