1964_FORESHORE_AND_SEA-BED_(RECLAMATIONS)_ORDINANCE — Page 7

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CAP. 127]

Foreshore and Sea-bed (Reclamations)

[1985 Ed.

Provisional

payment pending determination of compensation.

(4) In determining a claim referred to it under subsection (3) in respect of a reclamation, the Lands Tribunal shall-

(a) hear any evidence which the Director or the claimant may wish to tender and, if so requested, hear counsel or a solicitor on behalf of the party making the request; and

(b) determine the amount of compensation payable by the Government to the claimant in respect of any interest, right or easement of the claimant in or over any foreshore or sea-bed injuriously affected by the reclamation in full and final settlement of the claim.

(5) Notice of a reference under subsection (3) shall be served by the Director or the claimant, as the case may be, on the other party to the proceedings, before the expiry of 7 days from the date when it is referred.

(6) A claim shall not be referred to the Lands Tribunal under subsection (3), unless it is referred before the expiry of 1 year from the date of the notice served under subsection (1) or within such longer period as the Lands Tribunal may in any case allow, but the total period for the purposes of this subsection shall not exceed 6 years from that date.

14. (1) The Director may, pending the determination by the Lands Tribunal of the compensation payable 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 of publication of the notice of authorization in the Gazette under section 9(1)(b) relating to the reclamation in question, 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.

(2) Any payment made by the Director under subsection (1) shall be without prejudice to the claim for compensation under this Ordinance or the submission under this Ordinance of the matter to the Lands Tribunal for determination of the amount of compensation to be paid, or the determination thereof by it under this Ordinance but the amount of compensation payable by virtue of such determination shall be reduced by the amount of such payment.

(3) Where the amount of compensation payable by virtue of a determination of the Lands Tribunal under this Ordinance is reduced under subsection (2) by the amount of any payment made under subsection (1), such compensation shall not as from the date on which the payment is made, bear interest except on the amount thereof as so reduced.