Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 37

Resumption of land on application

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) If any land has been rendered incapable of reasonably beneficial use as a
result of the execution by the Drainage Authority of any works authorized
under this Ordinance, the owner of the land affected may, within the
expiration of 1 year from the date of the completion of the works, apply to
the Chief Executive in Council for an order for the Government to resume so
much of his land as has been so rendered incapable of reasonably beneficial
use. (Amended 29 of 1998 s. 105; 61 of 1999 s. 3)

(2) The Chief Executive in Council may, if he is of the opinion that the land
or so much of it has been so rendered incapable of reasonably beneficial use,
make an order referred to in subsection (1) and the order shall specify the
period of notice referred to in subsection

(3). (Amended 61 of 1999 s. 3)

(3) Where the Chief Executive in Council makes an order under subsection (2),
the Secretary- (Amended 61 of 1999 s. 3)

   (a)  shall publish once in the Gazette and at least in 2 Chinese language
        newspapers and one English language newspaper a notice-

        (i)    stating that an order has been made under subsection (2) and
               the period of notice specified in the order;

        (ii)   describing the land ordered to be resumed; and

        (iii)  stating where and when a plan of the land may be inspected; and

   (b)  shall, not later than the date on which the notice is first published
        in the Gazette in pursuance of paragraph (a), serve a copy of the
        notice on any person appearing to the Secretary to have an interest in
        the land ordered to be resumed.

(4) The resumption of land described in the order shall be effective upon the
expiration of the period of notice as specified in the order.

(5) Upon the expiration of the period of notice specified in the order, the
land shall-

   (a)  where it is an undivided share in land, vest in The Financial
        Secretary Incorporated together with such rights to the use and
        occupation of any building or part thereof as may be appurtenant to
        the ownership of that share; and

   (b)  in all other cases, revert to the Government, (Amended 29 of 1998 s.
        105) but in either case the land shall vest or revert without any
        conveyance and free of all mortgages, charges, claims, estates,
        easements, rights or interests of any kind in favour of any person.

(6) The ownership of any apparatus belonging to an owner or supplier of gas,
electricity, water or telecommunications services and situated in, under or
over any land shall not be altered by reason only of the vesting or reversion
of that land under subsection (5). (Amended 36 of 2000 s. 28)

(7) The Secretary shall, as soon as practicable after the land has vested in
The Financial Secretary Incorporated or reverted to the Government under
subsection (5), cause- (Amended 29 of 1998 s. 105)

   (a)  such vesting or reversion to be noted in the register of the land kept
        in the Land Registry;

   (b)  to be published in the Gazette in Chinese and English and in one issue
        of a Chinese language newspaper and an English language newspaper a
        notice-

        (i)    describing the land resumed;

        (ii)   stating where and when a plan of the land may be inspected;

        (iii)  stating that any person entitled to compensation under this
               Ordinance may serve a written claim upon the
               Drainage Authority; and

   (c)  a copy of such notice in Chinese and English to be affixed in a
        prominent position on or near the land resumed.

(8) Upon the vesting under subsection (5)(a) of an undivided share in land in
The Financial Secretary Incorporated such share, together with any part of a
building the exclusive use and occupation of which is appurtenant to the
ownership of such share, shall be deemed to be unleased land for the purposes
of section 6 of the Land (Miscellaneous Provisions)  Ordinance ( Cap 28).
(Amended 29 of 1998 s. 86) (Enacted 1994)