8
CAP. 124]
Crown Lands Resumption
[1988 Ed.
(b) 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;
(c) 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
(d) subject to the provisions of section 11 and to the provisions of paragraphs (aa), (b) and (c) of this section, the value of the land resumed shall be taken to be the amount which the land if sold by a willing seller in the open market might be expected to realize. (Amended 5 of 1924 s. 30; 32 of 1973 s. 2; 5 of 1984 s. 6)
13-15. (Repealed 63 of 1974 s. 12)
Power to demise or grant land resumed
(Replaced 9 of 1922 s. 2) [cf. U.K. 1919 c. 57 s. 2(1) & (2)]
16. Any land resumed under the provisions of this Ordinance may be demised and granted by the Governor on such terms and conditions and at such price, whether by way of rent, premium or otherwise, and either by public auction or private contract, as the Governor may determine.
Provisional payment pending determination of compensation
(Amended 28 of 1911 s. 6(d))
16A. (1) Where, in the case of land resumed under an order made under section 3 on or after the commencement of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984), any offer of compensation made by the Authority to any person under this Ordinance in respect of any claim is not accepted, the Authority may, pending the determination by the Lands Tribunal of the compensation, if any, payable in respect of such claim under this Ordinance, pay-
(a) an amount as a provisional payment of the amount payable by virtue
of such determination; and
(b) interest on any payment made under paragraph (a), for the period from the date on which the land reverts to the Crown under section 5 until the date on which the payment is made, calculated having regard to the lowest rate payable from time to time by members of The Hong Kong Association of Banks on time deposits. (Amended 62 of 1985 s. 2)
8
CAP. 124]
Crown Lands Resumption
[1988 Ed.
(b) 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;
(c) 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
(d) subject to the provisions of section 11 and to the provisions of paragraphs (aa), (b) and (c) of this section, the value of the land resumed shall be taken to be the amount which the land if sold by a willing seller in the open market might be expected to realize. (Amended 5 of 1924 s. 30; 32 of 1973 s. 2; 5 of 1984 s. 6)
13-15. (Repealed 63 of 1974 s. 12)
Power to demise or grant land resumed
(Replaced 9 of 1922 s. 2) [cf. U.K. 1919 c. 57 s. 2(1) & (2)]
16. Any land resumed under the provisions of this Ordinance may be demised and granted by the Governor on such terms and conditions and at such price, whether by way of rent, premium or otherwise, and either by public auction or private contract, as the Governor may determine.
Provisional payment pending determination of compensation
(Amended 28 of 1911 s. 6(d) )
16A. (1) Where, in the case of land resumed under an order made under section 3 on or after the commencement of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984), any offer of compensation made by the Authority to any person under this Ordinance in respect of any claim is not accepted, the Authority may, pending the determination by the Lands Tribunal of the compensation, if any, payable in respect of such claim under this Ordinance, pay-
(a) an amount as a provisional payment of the amount payable by virtue
of such determination; and
(b) interest on any payment made under paragraph (a), for the period from the date on which the land reverts to the Crown under section 5. until the date on which the payment is made, calculated having regard to the lowest rate payable from time to time by members of The Hong Kong Association of Banks on time deposits. (Amended 62 of 1985 s. 2)
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