Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 28

Resumption of land on application

Adaptation amendments retroactively made - see 62 of 1999 s. 3

(1) The Chief Executive may, on the application of any person having a
compensatable interest in land that is contiguous or adjacent to land that is
resumed, any road that is closed or any private right that is extinguished,
modified or restricted, order the resumption of that contiguous or adjacent
land, whether or not that land is within the boundaries of the scheme, if the
Chief Executive is of the opinion that-

   (a)  that land, road or right is reasonably necessary to the use and
        enjoyment of any contiguous or adjacent land; and

   (b)  it would be just and equitable to make an order for that contiguous or
        adjacent land to be resumed.

(2) A person aggrieved by a decision of the Chief Executive not to order
resumption under subsection (1) may apply to the Lands Tribunal to review the
decision.

(3) On an application under subsection (2), the Lands Tribunal may, if it is
satisfied as to the facts mentioned in subsection (1), order the resumption of
the land, whether or not that land is within the boundaries of the scheme and
compensation for the resumption is to be assessed under this Ordinance.
(Amended 62 of 1999 s. 3)