Hong Kong Ordinances

RAILWAYS ORDINANCE - SECT 35

Settlement after reference to Lands Tribunal

(1) At any time after proceedings have been commenced in the Lands Tribunal
but before compensation is finally assessed, the Secretary may make an offer
in writing or the claimant may by notice to the Secretary state a sum
(inclusive or exclusive of costs) which he is willing to accept in full and
final settlement of the claim or any rejected part.

(2) Until the Lands Tribunal assesses the amount of compensation for that part
of a claim for which an offer made by the Secretary under section 34(6)(a) or
by the Secretary or the claimant under subsection (1) and which is not
accepted by the other party, the offer is not to be disclosed to the Lands
Tribunal. A copy of the offer enclosed in a sealed envelope may be lodged with
the registrar of the Lands Tribunal and opened by it after it has made its
assessment.

(3) The Lands Tribunal must, unless for special reason it thinks it proper not
to do so, order a claimant to bear his own costs and to pay the costs of the
Secretary so far as the costs are incurred after the making of an offer if the
Secretary has made the offer under subsection (1) or section 34(6)(a),
including costs as agreed or taxed, which was not accepted by the claimant and
the compensation assessed by the Lands Tribunal does not exceed the amount of
compensation in the offer.

(4) The Lands Tribunal must, unless for special reason it thinks it proper not
to do so, order the Secretary to bear his own costs and to pay the costs of
the claimant so far as the costs are incurred after the claimant stated a sum
under subsection (1) that the Secretary has not accepted and the compensation
assessed by the Lands Tribunal is not less than the amount of compensation
stated by the claimant.