1985 Ed.]
Foreshore and Sea-bed (Reclamations)
[CAP. 127
Claims for
12. (1) Any person who claims that his interest, right or easement in or over such foreshore and sea-bed will be injuriously affected by the reclamation may deliver to the Director a written claim stating the sum of money which he is willing to accept in full and final settlement of his claim together with such particulars as he may possess to substantiate the claim and shall furnish to the Director such accounts, documents and further particulars as the Director may request him to furnish, in support of the claim.
(2) A claim under subsection (1) shall be made before the expiry of the time specified in the notice served by the Director and published under section 9(1) in respect of the reclamation.
(3) Where any costs or remuneration are reasonably incurred or paid by a claimant in employing persons to act in a professional capacity in connexion with a claim under subsection (1), such claim may include a claim for such costs or remuneration.
13. (1) In relation to every reclamation the Director shall before the expiry of 6 months from the date when the written claim is delivered to him or, if he has requested further particulars under section 12(1), before the expiry of 6 months from the date when they are furnished under that section, consider whether or not the claimant is a person having an interest, right or easement in or over any foreshore and sea-bed that will be injuriously affected by the reclamation and shall serve notice on the claimant in writing stating that he-
(a) admits the whole claim; or
(b) rejects the whole claim; or
(c) admits a specified part and rejects the remainder,
and shall where he rejects the whole claim, or admits a specified part and rejects the remainder, as the case may be, give an adequate statement of his reasons for the rejection.
(2) If the Director admits the whole claim, or admits a specified part and rejects the remainder, he may agree with the claimant as to the amount of compensation to be paid to the claimant in full and final settlement of the whole claim or a specified part, as the case may be.
(3) Where-
(a) the Director rejects the claim in whole or in part; or (b) after the expiry of 7 months from the date when the written claim is delivered to the Director or, if he has requested further particulars under section 12(1), after the expiry of 7 months from the date when they are furnished under that section, the Director and the claimant do not agree as to the amount of compensation,
the Director or the claimant may refer the claim to the Lands Tribunal to determine in accordance with this Ordinance and the Lands Tribunal Ordinance, the amount of compensation to be paid.
Settlement of claim.
(Cap. 17.)
5
1985 Ed.]
Foreshore and Sea-bed ( Reclamations)
[CAP. 127
Claims for
12. (1) Any person who claims that his interest, right or easement in or over such foreshore and sea-bed will be injuriously compensation. affected by the reclamation may deliver to the Director a written claim stating the sum of money which he is willing to accept in full and final settlement of his claim together with such particulars as he may possess to substantiate the claim and shall furnish to the Director such accounts, documents and further particulars as the Director may request him to furnish, in support of the claim.
(2) A claim under subsection (1) shall be made before the expiry of the time specified in the notice served by the Director and published under section 9(1) in respect of the reclamation.
(3) Where any costs or remuneration are reasonably incurred or paid by a claimant in employing persons to act in a professional capacity in connexion with a claim under subsection (1), such claim may include a claim for such costs or remuneration.
13. (1) In relation to every reclamation the Director shall before the expiry of 6 months from the date when the written claim is delivered to him or, if he has requested further particulars under section 12(1), before the expiry of 6 months from the date when they are furnished under that section, consider whether or not the claimant is a person having an interest, right or easement in or over any foreshore and sea-bed that will be injuriously affected by the reclamation and shall serve notice on the claimant in writing stating that he-
(a) admits the whole claim; or
(b) rejects the whole claim; or
(c) admits a specified part and rejects the remainder,
and shall where he rejects the whole claim, or admits a specified part and rejects the remainder, as the case may be, give an adequate statement of his reasons for the rejection.
(2) If the Director admits the whole claim, or admits a specified part and rejects the remainder, he may agree with the claimant as to the amount of compensation to be paid to the claimant in full and final settlement of the whole claim or a specified part, as the case may be.
(3) Where-
(a) the Director rejects the claim in whole or in part; or (b) after the expiry of 7 months from the date when the written claim is delivered to the Director or, if he has requested further particulars under section 12(1), after the expiry of 7 months from the date when they are furnished under that section, the Director and the claimant do not agree as to the amount of compensation,
the Director or the claimant may refer the claim to the Lands Tribunal to determine in accordance with this Ordinance and the Lands Tribunal Ordinance, the amount of compensation to be paid.
Settlement of claim.
(Cap. 17.)
5
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