Hong Kong Ordinances

SEWAGE TUNNELS (STATUTORY EASEMENTS) ORDINANCE - SECT 13

Claims out of time

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 61 of 1999 s. 3

(1) Subject to subsection (2), if notice of a claim is not delivered to the
Director of Lands before the expiration of the period specified in
section 12(3) in respect of that matter, the right to claim compensation for
that matter shall be barred.

(2) The period referred to in subsection (1) may, upon application made to the
Lands Tribunal either before or after the expiry of that period, be extended
in accordance with this section.

(3) Notice of an application under subsection (2) shall be given to the
Director of Lands by the applicant.

(4) The Lands Tribunal may extend the period within which notice of a claim
must be delivered to the Director of Lands if it considers that the delay in
delivering notice of the claim was occasioned by mistake of fact or mistake of
any matter of law (other than the relevant provision in section 12(3)) or by
any other reasonable cause or that the Government is not materially prejudiced
in the conduct of its case or otherwise by the delay. (Amended 61 of 1999 s.
3)

(5) An extension may be granted by the Lands Tribunal under subsection (4)
with or without conditions for such period as it thinks fit but not in any
case exceeding 5 years from the expiration of the period referred to in
subsection (1). (Enacted 1993)