CAP 130 LAND ACQUISITION (POSS-法律法规

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【法规名称】 CAP 130 LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE ...

【法规名称】 CAP 130 LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE

【法规编号】 79697 什么是编号？

【正　　文】

CAP 130 LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE

　　To provide for the acquisition of land, held under a possessory title by virtue of the Limitation Ordinance (Cap 347), required for public purposes, the compensation for such acquisition, and for matters incidental thereto and connected therewith.
　　
　　[15 July 1983]
　　
　　(Originally 41 of 1983)
　　
　　Cap 130 s 1 Short title
　　
　　This Ordinance may be cited as the Land Acquisition (Possessory Title) Ordinance.
　　
　　Cap 130 s 2 Interpretation
　　
　　In this Ordinance, unless the context otherwise requires-
　　
　　"acquisition for a public purpose" (征用作公共用途) includes-
　　
　　(a) acquisition of insanitary property for the purpose of securing the erection of improved dwellings or buildings thereon or the sanitary improvement of such property;
　　
　　(b) acquisition of any land upon which any building is erected which, by reason of its proximity to or contact with any other buildings, seriously interferes with ventilation or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health;
　　
　　(c) acquisition for any purpose connected with the naval, military or air forces of the Crown, including the volunteer forces in Hong Kong; and
　　
　　(d) acquisition for any purpose of whatsoever description, whether ejusdem generis with any of the above purposes or not, which the Chief Executive in Council may decide to be a public purpose; (Amended 62 of 2000 s. 3)"acquisition order" (征用令) means an acquisition order made under section 3(1) or (2);
　　
　　"claim of ownership" (拥有权申索) means a claim of possessory title;
　　
　　"compensation" (补偿) means compensation under this Ordinance;
　　
　　"date of vesting" (转归日期) means the date on which land acquired under this Ordinance vests in the Government under section 5; (Amended 29 of 1998 s. 105)
　　
　　"Director" (署长) means the Director of Lands; (Amended L.N. 94 of 1986; L.N. 291 of 1993)
　　
　　"land" (土地) means immovable property;
　　
　　"non-working day" (非工作日) means a day that is not a working day; (Added 6 of 2001 s. 4)
　　
　　"note-issuing bank" (发钞银行), for the purposes of sections 9 and 10, has the meaning assigned to it by section 2 of the Legal Tender Notes Issue Ordinance (Cap 65); (Added 6 of 2001 s. 4)
　　
　　"owner" (拥有人) means a person who has a possessory title to land;
　　
　　"possessory title" (管有业权) means a possessory title against the Government to land by virtue of sections 7(1) and 17 of the Limitation Ordinance (Cap 347); (Amended 29 of 1998 s. 105)
　　
　　"working day" (工作日), for the purposes of sections 9 and 10, means any day other than-
　　
　　(a) a public holiday; or
　　
　　(b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1). (Added 6 of 2001 s. 4)
　　
　　Cap 130 s 3 Acquisition of land for a public purpose
　　
　　Remarks:
　　
　　Adaptation amendments retroactively made - see 29 of 1998 s. 43; 62 of 2000 s. 3
　　
　　(1) Whenever the Chief Executive in Council decides that the acquisition of any land is required for a public purpose, the Director may make an acquisition order for the acquisition of it under this Ordinance if it appears to the Director that any person claims, or may claim, that the land is held under a possessory title.
　　
　　(2) Whenever the Chief Executive in Council decides, under section 3 of the Lands Resumption Ordinance (Cap 124), that the resumption of any land is required for a public purpose, the Director may make an acquisition order for the acquisition of that land or any part of it under this Ordinance if it appears to the Director that any person claims, or may claim, that the land or that part is held under a possessory title. (Amended 29 of 1998 s. 43)
　　
　　(Amended 62 of 2000 s. 3)
　　
　　Cap 130 s 4 Notices and plans
　　
　　Remarks:
　　
　　Amendments retroactively made - see 29 of 1998 s. 105
　　
　　(1) Where an acquisition order has been made in respect of any land, a notice thereof-
　　
　　(a) shall be served by the Director-
　　
　　(i) on every person who appears to the Director to be a person who may make a claim of ownership in respect of the land or any part thereof; and
　　
　　(ii) on every person who appears to the Director to be an occupier of the land or any part thereof,
　　
　　if such person can be found;(b) shall be published by the Director-
　　
　　(i) in one issue of the Gazette in both the English and Chinese languages;
　　
　　(ii) in one issue of an English language newspaper;
　　
　　(iii) in one issue of a Chinese language newspaper; and
　　
　　(iv) by affixing a copy in the English and Chinese languages upon a conspicuous part of the land; and(c) shall be made available by the Director for inspection by the public free of charge at such offices of the Government as the Director may direct, during the hours when those offices are normally open to the public.(2) A notice under subsection (1) shall-
　　
　　(a) be in such form as the Director may from time to time determine;
　　
　　(b) describe the land to be acquired and state that an acquisition order has been made in respect thereof;
　　
　　(c) state where and at what times a copy of the acquisition order and, where appropriate, a plan of the land may be inspected in pursuance of subsection (1)(c);

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CAP 130 LAND ACQUISITION (POSS-法律法规

CAP 130 LAND ACQUISITION (POSSESSORY TITLE) ORDINANCE

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