Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 34

Claims procedure

(1) A person who claims to be entitled to compensation under this Ordinance
must serve on the Secretary a written claim setting out such of the following
particulars as are applicable to his claim-

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

   (b)  a full description of the land including any covenants, easements,
        rights or restrictions affecting the same;

   (c)  the nature of the claimant's interest in the land including for a
        sub-lessee or sub-tenant his landlord's name and address and details
        of the sub-lease or tenancy;

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

   (e)  if the claimant has let the land or any part, 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 in Part II of the Schedule the claim is made;
               and

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

(2) The Secretary is to acknowledge receipt in writing and the date of receipt
of a claim served on him under subsection (1).

(3) The Secretary may, within 28 days of the receipt of an amended claim
served before proceedings are commenced in the Lands Tribunal if the Secretary
considers the amendment to be substantial, notify the claimant that he elects
to treat the claim, for the purposes of this section, as if it were a new
claim served under subsection (1) on the date on which the amendment was
received by the Secretary, and this section applies accordingly.

(4) The Secretary may by notice in writing to the claimant request him to
furnish further particulars of and in support of his claim or any item in the
claim. If any of the particulars are not given to the Secretary within a
period of 28 days from the date of the notice, or within such further period
as the Secretary may in writing allow, the claim or the item for which the
particulars were requested is deemed to be rejected and subsection (5) does
not apply.

(5) The Secretary must within 6 months of the service of a claim on him or, if
he has requested further particulars under subsection (4) within 6 months of
the day on which they are furnished in accordance with that subsection, notify
the claimant in writing that he-

   (a)  admits the entire claim; or

   (b)  rejects the entire claim; or

   (c)  admits a specified part or parts and rejects the remainder, and in
        every case must briefly state his reasons for rejection so that the
        claimant is adequately informed of those reasons. The Secretary may at
        any time state further reasons for rejection of claim.

(6) The Secretary may, where he has rejected a claim or any part of the claim
under subsection (5) or where a claim or any part is deemed to have been
rejected under subsection (4)-

   (a)  by notice in writing offer to the claimant such sum, including costs
        as agreed or taxed, as the Government is willing to pay in full and
        final settlement of the claim or any part;

   (b)  commence proceedings in the Lands Tribunal, to have the claim or any
        part for which no offer is made, heard and determined by it under this
        Ordinance;

   (c)  commence proceedings in the Lands Tribunal where any offer under
        paragraph (a) is not accepted by the claimant within 28 days of the
        date of the offer.

(7) If, after the expiry of 7 months from the receipt of a claim by the
Secretary, it has not been settled by agreement, either the claimant or the
Secretary may commence proceedings in the Lands Tribunal to have the claim, or
so much thereof as is still then in dispute heard and determined by it under
this Ordinance.

(8) If the claimant has failed to supply further particulars required by the
Secretary under subsection (4), the Lands Tribunal may on the hearing of the
claim consider the merits of the Secretary's request for further particulars
and the claimant's failure to supply them and may, if it thinks fit-

   (a)  order the claimant to supply some or all of the particulars; and

   (b)  adjourn the hearing until the order is complied with and the
        particulars are considered by the Secretary; and

   (c)  make such further order as it thinks fit as to the costs of either
        party occasioned by the Secretary's request for and the claimant's
        failure to supply the further particulars.