Hong Kong Ordinances

LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE - SECT 7

Entitlement to compensation and claims therefor

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) Where-

   (a)  a claim by a person of ownership of any land, or to any right,
        interest or easement in or over any land, that has been acquired under
        this Ordinance, is accepted by the Director under section 6(2); or

   (b)  the Court of First Instance, on application made under section  6 (3),
        declares that a person- (Amended 25 of 1998 s. 2)

        (i)    was, immediately prior to the date of vesting, the owner,
               within the meaning of this Ordinance, of any land that has been
               acquired under this Ordinance;

        (ii)   had, immediately prior to the date of vesting, any interest,
               right or easement in or over, any land that has been acquired
               under this Ordinance, that person shall be entitled to
               compensation.

(2) Any person who is entitled to compensation under subsection (1) may submit
his claim for compensation in a form specified by the Director and shall
furnish to the Director such accounts, documents and particulars as the
Director may reasonably require in support of the claim.

(3) A claim for compensation submitted under subsection (2) may include a
claim for any costs or remuneration reasonably incurred or paid by the owner
or person entitled to compensation in employing persons to act in a
professional capacity in connection with his claim to compensation.

(4) Where the Director and the person who has submitted a claim for
compensation under subsection (2) do not agree as to the amount of the
compensation (if any), either party may refer the claim to the Lands Tribunal
for determination, in accordance with this Ordinance and the
Lands Tribunal Ordinance ( Cap 17), of the amount of compensation (if any) to
be paid.

(5) A reference under subsection (4) shall be made within 1 year from the
date of vesting or within such further period as the Lands Tribunal may allow
in any case, but the total period for the purposes of this subsection shall
not exceed 6 years from the date of vesting.