1937_CROWN_LANDS_RESUMPTION_ORDINANCE__1900 — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

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684

[cf. Nos. 15 and 18 of

1935.]

Additional rules for determining

compensa-tion.

9 & 10 Geo.

5, c. 57, s. 2 (1), (2).

No. 10 of 1900.

CROWN LANDS RESUMPTION.

(b) that the building or premises 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, or is or are not in reasonably good repair; or

(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 building 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 building or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and

11A. In the determination of the compensation to be paid under this Ordinance-

(1) no allowance shall be made on account of the resumption being compulsory;

(2) no compensation shall be given in respect of any use of the land which is not in accordance with the terms of the Crown lease under which the land is held;

(3) no compensation shall be given in respect of any expectancy or probability of the grant or renewal or continuance, by the Crown or by any person, of any licence, permission, lease or permit whatsoever: Provided that this paragraph shall not apply to any case in which the grant or renewal or continuance of any licence, permission, lease or permit could have been enforced as of right if the land in question had not been resumed; and

(4) subject to the provisions of section 11 and to the provisions of paragraphs (2) and (3) of this section, the value

* As amended by No. 25 of 1930 [5.12.30].

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684 [cf. Nos. 15 and 18 of 1935.] Additional rules for determining compensa-tion. 9 & 10 Geo. 5, c. 57, s. 2 (1), (2). No. 10 of 1900. CROWN LANDS RESUMPTION. (b) that the building or premises 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, or is or are not in reasonably good repair; or (c) that the building or premises 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 building 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 building or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and (c) shall, in the third case, be the value of the land and of the materials of the buildings thereon. 11A. In the determination of the compensation to be paid under this Ordinance- (1) no allowance shall be made on account of the resumption being compulsory; (2) no compensation shall be given in respect of any use of the land which is not in accordance with the terms of the Crown lease under which the land is held; (3) no compensation shall be given in respect of any expectancy or probability of the grant or renewal or continuance, by the Crown or by any person, of any licence, permission, lease or permit whatsoever: Provided that this paragraph shall not apply to any case in which the grant or renewal or continuance of any licence, permission, lease or permit could have been enforced as of right if the land in question had not been resumed; and (4) subject to the provisions of section 11 and to the provisions of paragraphs (2) and (3) of this section, the value * As amended by No. 25 of 1930 [5.12.30].

Baseline (Original)

684 [cf. Nos. 15 and 18 of 1935.] Additional rules for determining compensa- tion. 9 & 10 Geo. 5, c. 57, s. 2 (1), (2). No. 10 of 1900. CROWN LANDS RESUMPTION. (b) that the building or premises 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, or is or are not in reasonably good repair; or (c) that the building or premises are unfit, and not reason= ably 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 building 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 building or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and (c) shall, in the third case, be the value of the land and of the materials of the buildings thereon. 11A. In the determination of the compensation to be paid under this Ordinance- (1) no allowance shall be made on account of the resumption being compulsory; (2) no compensation shall be given in respect of any use of the land which is not in accordance with the terms of the Crown lease under which the land is held; (3) no compensation shall be given in respect of any expectancy or probability of the grant or renewal or continuance, by the Crown or by any person, of any licence, permission, lease or permit whatsoever: Provided that this paragraph shall not apply to any case in which the grant or renewal or con- tinuance of any licence, permission, lease or permit could have been enforced as of right if the land in question had not been resumed; and (4) subject to the provisions of section 11 and to the provisions of paragraphs (2) and (3) of this section, the value * As amended by No. 25 of 1930 [5.12.30].

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