1989 Ed.]
Land Acquisition (Possessory Title)
[CAP. 130
7
(b) decline to make any compensation for any addition to or improvement of the land made after the date of publication in the Gazette of the notice under section 4, or any notice of intended resumption under the Crown Lands Resumption Ordinance (Cap.124) (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair): Provided that, in the case of any interest, right or easement acquired after the date of such publication, no separate estimate of the value thereof shall be made so as to increase the amount of compensation.
(5) The Lands Tribunal may also receive evidence to prove that-
(a) the rental of the buildings or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose;
(b) the buildings or premises are in such a condition as to be a nuisance within the meaning of any Ordinance relating to buildings or to public health, or are not in reasonably good repair; or
(c) the buildings or premises are unfit, and not reasonably capable of being made fit, for human habitation.
(6) If the Lands Tribunal is satisfied by such evidence, then the compensation shall-
9.
(a) in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the buildings or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose;
(b) in the second case, be the amount estimated as the value of the buildings or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and
(c) in the third case, be the value of the land and of the materials of the buildings thereon.
Provisional payment pending determination of compensation
(1) The Director may, pending the determination by the Lands Tribunal of the compensation (if any) payable under this Ordinance in respect of the acquisition of any land, pay-
(a) an amount as a provisional payment of the amount (if any) payable by virtue of such determination; and
(b) interest on any payment made under paragraph (a), for the period from the date of vesting, until the date when the payment
1989 Ed.]
Land Acquisition (Possessory Title)
[CAP. 130
7
(b) decline to make any compensation for any addition to or improvement of the land made after the date of publication in the Gazette of the notice under section 4, or any notice of intended resumption under the Crown Lands Resumption Ordinance (Cap. 124) (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair): Provided that, in the case of any interest, right or easement acquired after the date of such publication, no separate estimate of the value thereof shall be made so as to increase the amount of compensation.
(5) The Lands Tribunal may also receive evidence to prove that-
(a) the rental of the buildings or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose;
(b) the buildings or premises are in such a condition as to be a nuisance within the meaning of any Ordinance relating to buildings or to public health, or are not in reasonably good repair; or
(c) the buildings or premises are unfit, and not reasonably capable of
being made fit, for human habitation.
(6) If the Lands Tribunal is satisfied by such evidence, then the com- pensation shall-
9.
(a) in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the buildings or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose;
(b) in the second case, be the amount estimated as the value of the buildings or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and
(c) in the third case, be the value of the land and of the materials of
the buildings thereon.
Provisional payment pending determination
of compensation
(1) The Director may, pending the determination by the Lands Tribunal of the compensation (if any) payable under this Ordinance in respect of the acquisition of any land, pay-
(a) an amount as a provisional payment of the amount (if any)
payable by virtue of such determination; and
(b) interest on any payment made under paragraph (a), for the period from the date of vesting, until the date when the payment
No comments yet.
Private notes are available after approval.