Hong Kong Ordinances

LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE - SECT 4

Notices and plans

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 29 of 1998 s. 105

(1) Where an acquisition order has been made in respect of any land, a notice
thereof-

   (a)  shall be served by the Director-

        (i)    on every person who appears to the Director to be a person who
               may make a claim of ownership in respect of the land or any
               part thereof; and

        (ii)   on every person who appears to the Director to be an occupier
               of the land or any part thereof, if such person can be found;

   (b)  shall be published by the Director-

        (i)    in one issue of the Gazette in both the English and Chinese
               languages;

        (ii)   in one issue of an English language newspaper;

        (iii)  in one issue of a Chinese language newspaper; and

        (iv)   by affixing a copy in the English and Chinese languages upon a
               conspicuous part of the land; and

   (c)  shall be made available by the Director for inspection by the public
        free of charge at such offices of the Government as the Director may
        direct, during the hours when those offices are normally open to the
        public.

(2) A notice under subsection (1) shall-

   (a)  be in such form as the Director may from time to time determine;

   (b)  describe the land to be acquired and state that an acquisition  order
        has been made in respect thereof;

   (c)  state where and at what times a copy of the acquisition order and,
        where appropriate, a plan of the land may be inspected in pursuance of
        subsection (1)(c);

   (d)  state the day on which the notice was affixed upon the land;

   (e)  declare that the land described in the notice shall, on the expiration
        of 1 month from the date stated under paragraph (d) or on the
        expiration of a longer period determined by the Director and stated in
        the notice, by virtue of section 5 vest in the Government and that
        every interest, right or easement of any person in or over the land
        shall be extinguished; (Amended 29 of 1998 s. 105)

   (f)  state that every person making a claim of ownership to the land
        described in the notice or to any part thereof, or claiming any
        interest, right or easement in or over it, shall, in accordance with
        section 6(1), submit to the Director a written notice of his claim
        together with such evidence as he may possess to substantiate it,
        before the date of vesting or within such further period, if any, as
        the Director may permit.

(3) A notice served and published under this section shall be deemed to be
notice to every person who has a claim of ownership in respect of the land,
and every other person having any interest, right or easement in or over the
land.