Hong Kong Ordinances

SEWAGE TUNNELS (STATUTORY EASEMENTS) ORDINANCE - SECT 12

Compensation

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 61 of 1999 s.
3

(1) Subject to this section, the Government shall be liable to pay
compensation to any person who has suffered loss or damage to land

(including any diminution in the value of the land) or property situated on
land as a result of the creation of rights, or the exercise of rights created,
under this Ordinance. (Amended 61 of 1999 s. 3)

(2) For the avoidance of doubt, "loss or damage as a result of the creation of
rights under this Ordinance" in subsection (1) includes, where such rights
have been created, any loss or damage as a result of a decision of the
Building Authority under section 17A of the Buildings  Ordinance ( Cap 123).

(3) A claim for compensation under this section shall be made by delivering
notice of the claim in writing to the Director of Lands within the following
period, that is-

   (a)  where the claim is for compensation for diminution in the value of the
        land arising from the creation of an easement or right, within 12
        months after the date on which the easement or right is created;

   (b)  where the claim is for loss sustained on account of any decision by
        the Building Authority under section 17A of the Buildings  Ordinance (
        Cap 123), being loss not foreseen and not reasonably foreseeable at
        the expiry of the period referred to in paragraph (a), within 12
        months after the date of the decision; (Amended L.N. 210 of 1994)

   (c)  in any other case, within 12 months after the date on which the loss
        or damage is discovered.

(4) No compensation shall be payable for any loss as is referred to in
subsection (3)(b) in respect of any land-

   (a)  where compensation has previously been paid under this section for any
        loss as is referred in subsection (3)(b) in respect of such land; or

   (b)  after the expiration of 10 years from completion of the construction
        of the tunnel under such land.

(5) A notice of a claim for compensation under this section shall contain
particulars of-

   (a)  the loss or damage sustained;

   (b)  the amount of the claim; and

   (c)  how the amount claimed is calculated.

(6) The Director of Lands may request any person claiming compensation under
this section to furnish further particulars of and in support of his claim or
any item of his claim, and if any such particulars are not furnished to the
Director within a period of 1 month from the date of the notice, or within
such further period as the Director may in writing allow, the claim or the
item of the claim concerning which the particulars are requested shall be
deemed to be rejected and subsection

(7) shall not apply to such claim or item of the claim.

(7) The Director of Lands shall, within 3 months of the service of a claim on
him or, if he has requested further particulars under subsection (6) within 3
months of the day on which the particulars are furnished in accordance with
that subsection, notify the claimant in writing that he-

   (a)  admits the entire claim; or

   (b)  rejects the entire claim; or

   (c)  admits a specified part of the claim and rejects the remainder, and
        shall briefly state his reasons for rejection.

(8) Where the Director of Lands has rejected a claim or any part of a claim
under subsection (7), or where a claim or any part of a claim is deemed to
have been rejected under subsection (6), the Director may-

   (a)  by notice in writing offer to the claimant such sum, including costs
        as agreed, as the Government is willing to pay in full and final
        settlement of the claim or any part of the claim; (Amended 61 of 1999
        s. 3)

   (b)  commence proceedings in the Lands Tribunal, to have the claim or any
        part of the claim in respect of which no offer is made heard and
        determined by it in accordance with this Ordinance; or

   (c)  commence such proceedings in the Lands Tribunal where any offer under
        paragraph (a) is not accepted by the claimant within 1 month of the
        date of the offer.

(9) If, after the expiry of 6 months from the receipt of a claim by the
Director of Lands, the claim has not been settled by agreement, either the
claimant or the Director may commence proceedings in the Lands Tribunal to
have the claim, or so much of the claim as is still then in dispute, heard and
determined by it under this Ordinance.

(10) If any claimant is not satisfied with the decision of the Director of
Lands to reject the claim or any part of the claim, he may, not later than 1
month after the Director has notified him of his decision, submit the claim to
the Lands Tribunal for determination in accordance with this Ordinance.

(11) Interest shall be payable on any amount of compensation payable under
this Ordinance in respect of loss or damage as is referred to in subsection
(3)(b) or (c), and such interest shall be payable-

   (a)  for the period from the date on which a claim is made under this
        Ordinance to the date of payment;

   (b)  at the rate payable on judgment debts pursuant to section 49 of the
        High Court Ordinance ( Cap 4). (Amended 25 of 1998 s. 2)

(12) All sums of money agreed or determined as compensation, and any interest
payable, under this Ordinance shall be a charge on the general revenue.

(13) No action, claim or proceedings shall lie or be brought against the
Government or any other person to recover damages or compensation for loss or
damage to land or any property situated on land as a result of the creation of
rights, or the exercise of rights created, under this Ordinance except in
pursuance of the rights to compensation provided for in this section. (Amended
61 of 1999 s. 3)

(2) For the avoidance of doubt, "loss or damage as a result of the creation of
rights under this Ordinance" in subsection (1) includes, where such rights
have been created, any loss or damage as a result of a decision of the
Building Authority under section 17A of the Buildings  Ordinance ( Cap 123).