HKLII Hong Kong Regulations

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TOWN PLANNING (TAKING POSSESSION AND DISPOSAL OF PROPERTY) REGULATION - SECT 3

Taking possession, removal etc. of property

(1) If the property, or any part thereof, is not removed by the date specified
in the removal notice, the Authority may take possession of such part of the
property as may be remaining on the land and remove or cause it to be removed.

(2) After taking possession of and removing the property referred to in
subsection (1), the Authority shall serve on the person served with
the removal notice a further notice ("disposal notice"), which disposal 
notice shall, subject to subsection (3)-

   (a)  contain a description of the property taken and removed by the
        Authority;

   (b)  specify the date on which such property was removed from the land;

   (c)  specify the date, which date shall be not less than 30 days from the
        date of service of the disposal notice, by which such property shall
        be claimed by its owner;

   (d)  specify to whom such claim shall be made; and

   (e)  state that if such property is not claimed by its owner by the
        specified date, it may be disposed of by the Authority by sale or
        otherwise as the Authority thinks fit, in which event a claim may only
        be made by the owner in respect of the proceeds of sale.

(3) Where the property is perishable or hazardous property within the meaning
of section 2(3), the disposal notice shall-

   (a)  instead of specifying the date of removal under subsection

(2)(b), specify the date and manner of its disposal;

   (b)  instead of specifying or stating the matters referred to in subsection
        (2)(c) and (e), as the case may be, specify that the owner of the
        perishable or hazardous property may make a claim for the proceeds of
        sale, if any. (Enacted 1994)



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