HKLII Hong Kong Ordinances

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RAILWAYS ORDINANCE - SECT 26

Removal of projections or obstructions

(1) The Secretary may give notice to the owner of any land or building
requiring the owner to remove any object or structure described in the notice
which is attached to or projects from the land or building if, in the opinion
of the Secretary, the removal of the object or structure is necessary for the
purposes of or incidental to the scheme.

(2) A copy of the notice referred to in subsection (1) must be given to any
occupier of the land or building known to the Secretary.

(3) A notice referred to in subsection (1) must-

   (a)  describe the object or structure to be removed;

   (b)  stipulate the period within which the work of removal is to be carried
        out;

   (c)  be given to the owner and occupier of the land or building not later
        than 28 days before the commencement of that period; and

   (d)  state that any person having a compensatable interest under this
        Ordinance may serve a written claim upon the Secretary.

(4) If the owner of the land or building does not comply with a notice
referred to in subsection (1), the Secretary or any public officer authorized
by him for the purpose may enter the land or building, together with such
other person as he thinks necessary, and remove the object or structure
described in the notice or cause it to be removed by those other persons at
the expense of the Government.

(5) The Secretary may dispose of any object or structure removed under this
section as he thinks fit, whether or not it was erected or maintained in
contravention of any Ordinance or Government lease or other instrument under
which the land is held.



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