Hong Kong Ordinances

SEWAGE TUNNELS (STATUTORY EASEMENTS) ORDINANCE - SECT 11

Rectification of plan

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 29 of 1998 s. 105; 61 of 1999
s. 3

(1) The Chief Executive may, at the request in writing of the Secretary,
direct that any plan referred to in an order made under section  6 or 7 shall
be rectified so as to accord with the route of a tunnel as constructed, and
any such direction together with any document or material containing the
rectification shall be deposited in the Land Registry and annexed to the copy
of the plan deposited under section 9. (Amended 61 of 1999 s. 3)

(2) Where any document or material evidencing the rectification of a plan is
deposited in the Land Registry under subsection (1), the Secretary may by
notice published in the Gazette order that any reference in this Ordinance or
any order under this Ordinance to a plan shall be construed as including a
reference to a plan as so rectified.

(3) Section 9 shall apply in relation to the delivery for registration of an
order made under subsection (2) as it applies in relation to the delivery for
registration of an order made under section 6 or 7.

(4) Where a direction made by the Chief Executive under subsection

(1) for the rectification of any plan identifies land situated on the route of
a tunnel as constructed, being land not previously identified in the plan for
the purposes of section 3, the Secretary may by notice published in the
Gazette order that any reference in this Ordinance to land identified in an
order made under section 6 or 7 shall be construed as including a reference to
land so identified in the direction. (Amended 61 of 1999 s. 3)

(5) Subject to section 12, where an order has been made under subsection (4),
no action shall lie in respect of any act done by the Government prior to the
making of the order in the purported exercise of rights conferred under
section 10 which would, if done subsequent to the making of the order, be
lawfully and validly done. (Amended 29 of 1998 s. 105) (Enacted 1993)