Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 38

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 a claim is not served on the
Drainage Authority before the expiration of the period specified in column 5
of Part II of the Schedule in respect of that matter, the right to claim
compensation therefor shall be barred.

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

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

(4) The Lands Tribunal may extend the period within which a claim shall be
served upon the Drainage Authority if it considers that the delay in serving
the claim was occasioned by mistake of fact or mistake of any matter of law
(other than the matter contained in subsection (1)) or by any other reasonable
cause and 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 6 years from the time when the right to compensation first
arose. (Enacted 1994)