Buildings.
[CAP. 123
person claiming shall await the decision of the Governor in Council before proceeding with the works.
[148]
of arbitra.
154. In the event of dispute, the amount of compensation, if any, payable under this Ordinance shall be determined by arbitration in the manner following—
(a) there shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claiming compensation;
(b) the two arbitrators so nominated shall view the premises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final;
(c) in case of disagreement they shall, and at any stage of the arbitration they may, refer the matter in dispute to a puisne judge in chambers as umpire, and his decision shall be final;
(d) the decision of the arbitrators or umpire shall be forwarded in writing to the Colonial Secretary.
[149]
on which
tion to
155. (1) The arbitrators and umpire in determining the Principles compensation to be paid and in estimating for such purpose the value of any land resumed or of any building thereon—
(a) may take into consideration the rateable value and the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, (Cap. 116.) the nature and the condition of the premises, the state of repair thereof, and the probable duration of the premises in their existing state; and
(b) shall not make any compensation for any addition to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the maintenance of the premises in a proper state of repair); and
(c) shall not make any allowance in respect of the acquisition being compulsory.
(2) The said arbitrators or umpire shall also receive Evidence to evidence to prove—
(a) that the rental of the premises was enhanced by reason of the same being used as a brothel, or as
531
K
Buildings.
[CAP. 123
person claiming shall await the decision of the Governor in Council before proceeding with the works.
[148]
of arbitra.
154. In the event of dispute, the amount of compensa- Appointment tion, if any, payable under this Ordinance shall be deter- tors.
mined by arbitration in the manner following—
(a) there shall be two arbitrators, one of whom shall be nominated by the Governor and the other by the person claiming compensation;
(b) the two arbitrators so nominated shall view the premises, inquire into the claim and endeavour to arrive at a sum which they consider will, in the circumstances of the case, be fair compensation, and if they agree their decision shall be final; (c) in case of disagreement they shall, and at any stage of the arbitration they may, refer the matter in dispute to a puisne judge in chambers as umpire, and his decision shall be final;
(d) the decision of the arbitrators or umpire shall be
forwarded in writing to the Colonial Secretary. [149]
on which
tion to
155. (1) The arbitrators and umpire in determining the Principles compensation to be paid and in estimating for such purpose compensa- the value of any land resumed or of any building thereon— be based.
(a) may take into consideration the rateable value and
the net rental of the premises as furnished by the owner in pursuance of the Rating Ordinance, (Cap. 116.) the nature and the condition of the premises, the state of repair thereof, and the probable duration of the premises in their existing state; and (b) shall not make any compensation for any addition. to or improvement of the premises made after the date of the submission of the claim to the Colonial Secretary (unless such addition or improvement was necessary for the maintenance of the premises in a proper state of repair); and
(c) shall not make any allowance in respect of the
acquisition being compulsory.
(2) The said arbitrators or umpire shall also receive Evidence to evidence to prove-
(a) that the rental of the premises was enhanced by
reason of the same being used as a brothel, or as
be received.
531
K
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