Hong Kong Ordinances

TRAMWAY ORDINANCE - SECT 6

Attachment

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 62 of 1999 s. 3

(1) The company may with the consent of the owner of any house or building
attach thereto such brackets, rosettes, wires and apparatus as may be required
for the efficient working of the tramway.

(2) Where the company is unable to obtain such consent and is of the opinion
that such consent is being unreasonably withheld, the company may apply to the
Director, on notice to the owner, for a certificate that the attachment is
essential to the efficient working of the tramway and the Director, if he is
satisfied that the attachment is so essential, shall issue to the company a
certificate under his hand to that effect.

(3) The company may serve on the owner a copy of such certificate and a copy
of this section and, on the expiry of one month from the date of such service,
if there shall be no appeal in accordance with the provisions of subsection
(4), the company may enter upon the premises at any reasonable time, during
the hours of daylight and make such attachment, subject nevertheless to the
payment to the owner of such compensation as may be agreed between the company
and the owner, or, in default of agreement, such compensation as may be
determined by arbitration in accordance with the provisions of the
Arbitration Ordinance ( Cap 341).

(4) If an owner is aggrieved by the issue of a certificate in accordance with
the provisions of subsection (2), he may, at any time during such period of
one month as is referred to in subsection (3) on notice to the company, appeal
by petition to the Chief Executive in Council and on such appeal, the Chief
Executive in Council, after hearing the Director, may confirm or revoke such
certificate. (Amended 62 of 1999 s. 3)

(5) No consent of an owner, decision of the Director or compensation payable
in accordance with the provisions of subsection (3) shall have effect after
that owner ceases to be the owner of the house or building in question but no
attachments fixed under the provisions of this section shall be removed other
than by or with the consent of the company until the expiration of 3 months
after any subsequent owner has given to the company notice in writing
requiring the attachments to be removed and where such notice is given the
provisions of subsections (3) and (4) shall apply as if such owner has
unreasonably withheld his consent in the first instance.

(6) An owner may require the company to remove temporarily the attachments
where necessary during any reconstruction or repair to his house or building.

(7) For the purpose of this section, "owner" (擁有人) means the person
whose name is registered in the Land Registry as the owner or holder of the
land on which the house or building in question is built and any registered
mortgagee of such land. (Amended 8 of 1993 s. 2) (Added 48 of 1962 s. 3)

"owner" (擁有人)