CAP. 215]
Eastern Harbour Crossing
[1986 Ed.
(i) resuming any land, or any easement or right therein, required for the purposes of the project;
(ii) obtaining vacant possession of any such land, including all such compensation, costs or expenses which are payable under any Ordinance, or by reason of the order of any court, award of an arbitrator or by virtue of any agreement, composition or arrangement with any person, or for which the Government is otherwise liable, and whether the liability to pay such compensation, costs or expenses arose before or after the commencement of this Ordinance; and
(b) all costs, expenses, and payments, whether referred to in paragraph (a) or not, incurred or made by the Government, which the Road Company has undertaken to refund to the Government under the project agreement or otherwise.
(2) Any amount for which the Road Company is liable under subsection (1) shall become payable-
(a) if liability arises prior to the road operating date, upon that date; and
(b) if liability arises on or after the road operating date, and the amount of the liability is certified under section 78, upon presentation of the certificate to the Road Company.
(3) For the purposes of subsection (1) the Government shall be deemed to have been liable to pay compensation where it has made payments of a character usually made by the Government in the case of land resumption or clearance, notwithstanding that the payments may have been expressed to be on an ex gratia basis or have been paid otherwise than by reason of a legal obligation.
Authorization under this Part sufficient authority to carry out works.
(Cap. 228.)
(Cap. 123.)
PART VI
THE CARRYING OUT OF THE CONSTRUCTION WORKS
21. (1) Subject to subsection (3) any construction works which may be carried out lawfully under this Part and in accordance with any approval or exemption thereunder may be carried out without further authority notwithstanding anything to the contrary in any Ordinance:
Provided that nothing in this section shall authorize anything to be done in contravention of section 13 of the Summary Offences Ordinance.
(2) Subject to subsection (3) the Buildings Ordinance shall not apply in relation to the construction works.
16
CAP. 215]
Eastern Harbour Crossing
[1986 Ed.
(i) resuming any land, or any easement or right therein, required for the purposes of the project;
(ii) obtaining vacant possession of any such land, including all such compensation, costs or expenses which are payable under any Ordinance, or by reason of the order of any court, award of an arbitrator or by virtue of any agreement, composition or arrangement with any person, or for which the Government is otherwise liable, and whether the liability to pay such compensation, costs or expenses arose before or after the commencement of this Ordinance; and
(b) all costs, expenses, and payments, whether referred to in paragraph (a) or not, incurred or made by the Govern- ment, which the Road Company has undertaken to refund to the Government under the project agreement or otherwise.
(2) Any amount for which the Road Company is liable under subsection (1) shall become payable-
(a) if liability arises prior to the road operating date, upon that
date; and
(b) if liability arises on or after the road operating date, and the amount of the liability is certified under section 78, upon presentation of the certificate to the Road Company.
(3) For the purposes of subsection (1) the Government shall be deemed to have been liable to pay compensation where it has made payments of a character usually made by the Government in the case of land resumption or clearance, notwithstanding that the payments may have been expressed to be on an ex gratia basis or have been paid otherwise than by reason of a legal obligation.
Authorization
under this Part sufficient authority to carry out works.
(Cap. 228.)
(Cap. 123.)
PART VI
THE CARRYING OUT OF THE CONSTRUCTION WORKS
21. (1) Subject to subsection (3) any construction works which may be carried out lawfully under this Part and in accordance with any approval or exemption thereunder may be carried out without further authority notwithstanding anything to the contrary in any Ordinance:
Provided that nothing in this section shall authorize anything to be done in contravention of section 13 of the Summary Offences Ordinance.
(2) Subject to subsection (3) the Buildings Ordinance shall not apply in relation to the construction works.
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