Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 33

Claims out of time

(1) Subject to subsections (2) and (5), if a claim or an amendment to a claim
is not served on the Secretary before the expiry of the period specified in
column 4 of Part II of the Schedule for that matter, the right to claim
compensation is barred.

(2) The Lands Tribunal may extend the period referred to in subsection (1) on
application made to it either before or after the expiry of the period if it
considers that the delay in serving the claim occurred-

   (a)  by mistake of fact;

   (b)  by mistake of any matter of law (other than the relevant provision in
        column 4 of Part II of the Schedule); or

   (c)  by any other reasonable cause.

(3) The applicant must give notice of an application under subsection (2) to
the Secretary.

(4) An extension may be granted by the Lands Tribunal under subsection (2),
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.

(5) The Secretary may, if he is satisfied-

   (a)  the claimant has not had actual notice of an order; or

   (b)  circumstances exist that the Secretary considers reasonable, accept
        service of a claim after the period specified in column 4 of Part II
        of the Schedule, and if he does so, the claim is deemed to have been
        served within that period.