130
No appeal from decision of majority of Board.
Mode of determining claim for compensation of owner.
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1894.
of the Court may be served and executed under the procedure for the time being in force relating to civil suits.
12. If, in the discharge of the duties devolving upon the Board, there occurs 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 on a majority thereof shall not be subject to appeal and shall be final as regards all parties interested; and no award of compensation made with respect to the resumption of any land shall be liable to be set aside for irregularity or error in matter of form.
13. In determining claims for compensation by owners in respect of lands resumed under this Ordinance, the Board, after hearing the parties claiming compensation, may award such compensation as it may think fit; may, in its discretion, take into consideration and receive evidence of any matter or things it may deem just and fair; and may make such deduction in respect of the age, character, insanitary condition, and state of repair of the houses on the said lands or otherwise as to it may seem fair or reasonable.
Mode of determining claim for compensation of sub-lessee and tenant.
14. In determining claims for compensation by any sub-lessee or tenant of the whole or any portion of any house, entitled to claim compensation under this Ordinance, whose interest has been summarily determined by the resumption of any land under this Ordinance, the Board, after hearing the parties, shall assess such compensation, as nearly as may be, as if such interest had been tortiously put an end to or determined by the immediate landlord of the claimant and he had brought an action for damages against such landlord in any court of law or equity, but no compensation shall be given for any furniture, fittings, mezzanine floors, cocklofts, partitions, or articles in any house resumed under this Ordinance which have been removed, destroyed, or damaged during the prevalence of the Bubonic Plague by reason of any operations for the cleansing or disinfecting of such house; and no compensation shall be given in respect of the occupation of, or of rents derived from, the letting of any house or portion of a house declared upon the list published under the provisions of section 6 to have been found to be unfit from any cause for human habitation.
Contents of award.
15. Every award of the Board shall state—
(1.) the full amount awarded to the owner by way of compensation for the resumption of his land and to each of the persons interested therein who have made claims;
(2.) the persons to whom it is payable;
(3.) the proportions in which it is payable to such persons.
130
No appeal from decision
of majority of
Board.
Mode of determining
claim for
of owner.
No. 2.]
THE ORDINANCES OF HONGKONG: [A.D. 180.
of the Court may be served and executed under the procedure for time being in force relating to civil suits.
12. If, in the discharge of the duties devolving upon the Board, occurs a difference of opinion between the members, the decision of an two of them shall have the same force and effect as if all the mem had concurred therein; and any decision arrived at by the Board on majority thereof shall not be subject to appeal and shall be final regards all parties interested; and no award of compensation made wi respect to the resumption of any land shall be liable to be set aside f irregularity or error in matter of form.
·
13. In determining claims for compensation by owners in respe of lands resumed under this Ordinance, the Board, after hearing compensation parties, may award such compensation as it may think fit; may, m
discretion, take into consideration and receive evidence of any matt or things it may deem just and fair; and may make such deduction in respect of the age, character, insanitary condition, and state repair of the houses on the said lands or otherwise as to it may seem fair or reasonable..
Mode of determining
claim for
of sub-lesseo
and tenant.
*
14. In determining claims for compensation by any "sub-lessee tenant of the whole or any portion of any house, entitled to claim under compensation this Ordinance, whose interest has been summarily determined by
resumption of any land under this Ordinance, the Board, after hearin the parties, shall assess such compensation, as nearly as may be as such interest had been tortiously put an end to or determined by immediate landlord of the claimant and he had brought an action damages against such landlord in any court of law or equity, but n compensation shall be given for any furniture, fittings, mezzan floors, cocklofts, partitions, or articles in any house resumed under thi Ordinance which have been removed, destroyed, or damaged duri the prevalence of the Bubonic Plague by reason of any operations 1 the cleansing or disinfecting of such house; and no compensato shall be given in respect of the occupation of, or of rents derived from the letting of any house or portion of a house declared upon
the h published under the provisions of section 6 to have been found to b unfit from any cause for human habitation.
Contents of award.
15. Every award of the Board shall state-
(1.) the full amount awarded to the owner by way of compensa
for the resumption of his land and to each of the persons interest therein who have made claims
(2.) the persons to whom it is payable;
(3.) the proportions in which it is payable to such persons
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