THE HONGKONG GOVERNMENT GAZETTE, 29TH SEPTEMBER, 1894.
9. No claim for compensation shall be sent in or received or entertained by the Board after the expiration of the said period of six months, but the Board shall have power at any time to allow any claim sent in within the period aforesaid to be amended in such manner as justice may require.
10. For the purposes of arbitration the Board shall have the following powers :—
(1) Subject to the proviso in section 5 of this Ordi- nance, to determine the compensation to be paid to the owner of any land and to every other person having an interest in any land or house resumed under this Ordinance or in respect of the extinction of any right or easement caused by such resumption regard being had not only to the value of the land taken and of any houses thereon but also to any damage or injury result- ing to the owner of the land resumed by reason of the severance of such land from other land of such owner contiguous thereto, and to award compensation in respect of such resumption or extinction to all persons claiming compensation to whom the Board may find compensation to be due.
(2) To award costs in their discretion either for or against the Crown, or for or against any parties claiming compensation, such costs in case of difference to be settled by the Registrar of the Court subject to the final determination of the Board. Provided always that if the Governor shall have offered in writing, prior to notice of the hearing of a claim having been given to the parties by the Board, to pay to any person interested an amount of compensation equal to or greater than the amount (if any) awarded to such person by the Board, no costs of the arbitration in respect thereof shall in any event be awarded against the Crown.
(3) All such powers as are now or may be hereafter vested in the Court of the Colony or in any Judge thereof on the occasion of any suit or action in respect of the following matters :-
(a) The enforcing the attendance of wit- nesses and examining them on oath or otherwise as they may think fit.
(b) The compelling the production of any
documents.
(c) The punishing personsiguilty of contempt.
(d) The ordering an inspection of premises. (4) To make and publish all such rules and regulations as may be deemed necessary for the conduct of all proceedings before it.
11. Every notice under the hand of the Chairman of the Board may be substituted for and shall be equivalent to any form of process capable of being issued in any suit or action for enforcing the attendance of witnesses, or com- pelling the production of documents; and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be under the hand of the Chairman and shall not authorize the imprisonment of any offender for a period exceeding three months; and every notice, order or warrant of the Board may be served and exccuted in the same manner as notices, orders and warrants of the Court may be served and executed under the pro- cedure for the time being in force relating to civil suits.
12. If in the discharge of the duties devolving upon the Board there shall occur a difference of opinion between the members, the decision of any two of them shall have the same force and effect as if all the members had concurred therein, and any decision arrived at by the Board or a majority thereof shall not be subject to appeal and shall be final as regards all parties interested, and no award of com- pensation made with respect to the resumption of any land shall be liable to be set aside for irregularity or error in matter of form.
No claim to be received after 6 months.
Powers of the Board.
Notions by Board.
No appeal from decision of majority.
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