630
Principles of assessment of compensation.
See Ordinance No. 10 of 1901.
No. 10.] THE ORDINANCES OF HONGKONG: [A.D. 1900.
(3.) all such powers as are now or may be hereafter vested in the Supreme Court of the Colony or in any Judge thereof on the occasion of any action or suit in respect of the following matters:
(a.) the enforcing the attendance of witnesses and examining them upon oath or otherwise as it may think fit;
(b.) the compelling the production of any documents;
(c) the punishing persons guilty of contempt;
(d) the ordering an inspection of any premises; and
(e.) the entering upon and viewing of any premises.
9.-(1.) When any property is resumed under this Ordinance, the Board, in determining the compensation to be paid and in estimating the value of the land resumed and of any buildings thereon, may-
(a.) take into consideration the nature and existing condition of the property, and the probable duration of the buildings in their existing state, and the state of repair thereof; and
(b.) decline to make any compensation for any addition to or improvement of the property made after the date of the publication in The Gazette of the notice of intended resumption (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair):
Provided that, in the case of any interest acquired after the date of such publication, no separate estimate of the value thereof shall be made so as to increase the amount of compensation.
(2.) The Board may also receive evidence to prove-
(a.) that the rental of the building or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose; or
(b.) that the house or premises is or are in such a condition as to be a nuisance, within the meaning of any Building Ordinance, or any Ordinance relating to the Public Health, for the time being in force in the Colony, or is or are not in reasonably good repair; or
(c.) that the house or premises is or are unfit, and not reasonably capable of being made fit, for human habitation.
(3.) If the Board is satisfied by such evidence, then the compensation-
(a.) shall, in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the house or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; and
(b.) shall, in the second case, be the amount estimated as the value of the house or premises if the nuisance had been abated or if it
630
Principles of assessment of compensation.
See Ordinance No. 10 of 1901.
No. 10.] THE ORDINANCES ÓF HONGKONG: [A.D. 1900. (3.) all such powers as are now or may be hereafter vested in
the Supreme Court of the Colony or in any Judge thereof on- the occasion of any action or suit in respect of the following matters :---
(a.) the enforcing the attendance of witnesses and examining them
upon oath or otherwise as it may think fit;
(b.) the compelling the production of any documents;
(c) the punishing persons guilty of contempt;
(d) the ordering an inspection of any premises; and
(e.) the entering upon and viewing of any premises.
9.-(1.) When any property is resumed under this Ordinance, the Board, in determining the compensation to be paid and in estimating the value of the land resumed and of any buildings thereon, may-
(a.) take into consideration the nature and existing condition of the property, and the probable duration of the buildings in their existing state, and the state of repair thereof; and
(b.) decline to make any compensation for any addition to or im- provement of the property made after the date of the publication in The Gazette of the notice of intended resumption (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair) :
Provided that, in the case of any interest acquired after the date of such publication, no separate estimate of the value thereof shall be made so as to increase the amount of compensation.
(2.) The Board may also receive evidence to prove-
(a.) that the rental of the building or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose; or
(6.) that the house or premises is or are in such a condition as to be a nuisance, within the meaning of any Building Ordinance, or any Ordinance relating to the Public Health, for the time being in force in the Colony, or is or are not in reasonably good repair; or (c.) that the house or premises is or are unfit, and not reasonably
capable of being made fit, for human habitation. (3.) If the Board is satisfied by such evidence, then the compensa tion-
(a.) shall, in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the house or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; and
(b.) shall, in the second case, be the amount estimated as the value of the house or premises if the nuisance had been abated or if it
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