Hong Kong Ordinances

LAND DRAINAGE ORDINANCE - SECT 39

Claims procedure

(1) Any person claiming under section 36 shall serve on the Drainage Authority
a claim in writing stating-

   (a)  the name of the claimant, and his address for service of notices;

   (b)  a full description of the land to which the claim relates including
        any covenants, easements, rights or restrictions affecting the land;

   (c)  the nature of the claimant's interest in the land including, in the
        case of a sublessee or subtenant, his landlord's name and address and
        details of the sublease or subtenancy;

   (d)  details of any mortgage, including the principal still owing and the
        name and address of the mortgagee;

   (e)  if the claimant has let the land or any part thereof, the name and
        address of each tenant and details of his lease or tenancy;

   (f)  particulars of the claim showing-

        (i)    the amount of the claim;

        (ii)   under which item of Part II of the Schedule the claim is made;
               and

        (iii)  how the amount claimed under each item is calculated.

(2) The Drainage Authority may by notice in writing to the claimant request
him to furnish further particulars of and in support of his claim and any item
thereof.

(3) If the Drainage Authority and the claimant do not settle the claim or any
part thereof by agreement within 7 months of the service of the claim under
subsection (1), either party may refer the claim or the part thereof as is
still in dispute with particulars thereof to the Lands Tribunal. (Enacted
1994)