To provide for the resumption of land, creation of easements or rights and the exercise of other powers by the Government in aid of the construction and operation of a Mass Transit Railway and to make provisions as to compensation for losses caused by the exercise of such powers.
(Amended 29 of 1998 s. 55)
[23 August 1974]
(Format changes—E.R. 3 of 2021)
This Ordinance may be cited as the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance.
In this Ordinance, unless the context otherwise requires—
application (申請) means an application to the Lands Tribunal under section 8(2), 19(2) or 33; authorized officer (獲授權人員) means a public officer authorized by the Director of Buildings or the Director of Lands under section 29; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) Building Authority (建築事務監督) and building works (建築工程) have the same meanings as in the Buildings Ordinance (Cap. 123); claim (申索) means a claim for compensation under section 18; claimant (申索人) means a person who has made a claim for compensation; Director (署長) means the Director of Lands and any authorized officer but Director of Buildings (屋宇署署長) or Director of Lands (地政總署署長) does not include an authorized officer; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) eastern harbour crossing (東區海底隧道) means that part of the railway between the junction of King Yip Street and Kwun Tong Road in New Kowloon and Quarry Bay in the Island of Hong Kong; (Added 6 of 1986 s. 2) land (土地) includes and may, where the context so requires, have any one or more of the following meanings separately— (a)land lying wholly beneath the surface; (b)the whole or part of any building or other erection or fixture on land; (c)where an undivided share of a leasehold interest in land has appurtenant to it rights to the exclusive use and occupation of a building or part thereof on such land, such share in the land and all rights appurtenant thereto; (d)any other estate, right, share or interest in land; mortgage (按揭) means a mortgage or charge registered in the Land Registry; (Amended 8 of 1993 s. 2) railway (鐵路) means the railway known as the Mass Transit Railway including any extension intended to be constructed in pursuance of the transport policy of the Government; (Amended 12 of 1981 s. 2) railway area (鐵路範圍) means the land delineated as such in plans and maps prepared pursuant to section 3(1) or 3(3); stages 1 to 6 and stage 8 of the railway (第1至6期及第8期鐵路) means that part of the railway between Sutherland Street in the Western District and Wan Tsui Road in the Eastern District of the Island of Hong Kong and Tso Kun Tam, Tsuen Wan or the junction of King Yip Street and Kwun Tong Road; (Amended 66 of 1978 s. 2; 12 of 1981 s. 2) street (街道) includes any public bridge and every highway, street, road, lane, footway, square, court, alley, passage or tunnel, whether a thoroughfare or not, which is over on or under unleased Government land; (Amended 29 of 1998 s. 105) The Financial Secretary Incorporated (財政司司長法團) means the corporation sole created by the Financial Secretary Incorporation Ordinance (Cap. 1015). (Amended L.N. 180 of 1985; L.N. 362 of 1997)The Director of Lands shall cause plans and maps to be prepared in such detail and with such markings and endorsements thereon as are sufficient to delineate the railway area, being that area within which land may be resumed or easements or rights in, under or over land may be created pursuant to this Ordinance for the purposes of and incidental to the railway. (Amended 6 of 1986 s. 3)
A copy of every plan and map prepared for the purposes of subsection (1) and signed by the Director of Lands shall be deposited in the Land Registry and shall be available for inspection by the public free of charge at such offices of the Government, during the hours when those offices are normally open to the public, as the Director of Lands thinks fit. (Amended 8 of 1993 s. 2)
Any plan or map prepared for the purposes of subsection (1) and any marking or endorsement on any such plan or map may be amended and any plan or map may be replaced by a substitute plan or map but the Director of Lands shall as soon as possible cause to be likewise amended, or replaced with the substitute, every copy referred to in subsection (2) and certify the amendment or substitution in such manner as he thinks sufficient.
The Director of Lands shall within 21 days of the deposit of a copy of a plan or map in the Land Registry or of any amendment to such copy or the deposit of a substitute plan or map cause a notice of such deposit or amendment to be published in the Gazette in Chinese and English containing— (Amended 8 of 1993 s. 2)
a general description of the plan or map or of the nature and extent of the amendment or substitution; and
particulars of the places and times at which a copy of the plan or map, or details of the amendment or a copy of the substitute plan or map may be inspected by the public in conformity with subsection (2).
No person shall have a right of objection to the delineation of land in any plan or map prepared for the purposes of subsection (1) or to any amendment thereto or substitute plan or map prepared under subsection (3) and the fact that land is therein delineated as being within the railway area shall for all purposes be conclusive evidence that it may be required to be resumed or that easements or rights in, under or over it may need to be created for the purposes of and incidental to the railway. (Amended 6 of 1986 s. 3)
(Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)
The Chief Executive may by order direct that any land within the railway area shall be resumed for the purposes of and incidental to the railway. (Amended 62 of 2000 s. 3)
An order made under subsection (1) shall specify the period of notice to be given under section 5(2) which period shall—
run from the day on which notice of resumption is affixed to the land under that section and in no case expire earlier than 1 month from that day; and
prevail over any other period of notice of resumption (whether shorter or longer) provided for by the Government lease under which the land is held. (Amended 29 of 1998 s. 105)
Upon the expiration of the period of notice specified in the order the land described therein shall—
where it is an undivided share in land, vest in The Financial Secretary Incorporated together with such rights to the use and occupation of any building or part thereof as may be appurtenant to the ownership of that share; and (Amended L.N. 180 of 1985)
in all other cases, revert to the Government, (Amended 29 of 1998 s. 105)
but in either case the land shall vest or revert without any conveyance and free of all mortgages, charges, claims, estates, rights or interests of any kind.
The ownership of any apparatus belonging to an owner or supplier of gas, electricity, water or telecommunications services and situated in, under or over any land shall not be altered by reason only of the vesting or reversion of that land under subsection (3). (Amended 36 of 2000 s. 28)
The Director of Lands shall, as soon as practicable after land has vested in The Financial Secretary Incorporated or reverted to the Government under subsection (3), cause such vesting or reversion to be noted in the register of the land kept in the Land Registry. (Amended L.N. 180 of 1985; 8 of 1993 ss. 2 & 3; L.N. 291 of 1993; 29 of 1998 s. 105)
Upon the vesting under subsection (3)(a) of an undivided share in land in The Financial Secretary Incorporated such share, together with any part of a building the exclusive use and occupation of which is appurtenant to ownership of such share, shall be deemed to be unleased land for the purposes of section 6 of the Land (Miscellaneous Provisions) Ordinance (Cap. 28). (Amended L.N. 180 of 1985; 29 of 1998 s. 56)
Notice of resumption by order made under section 4(1) shall be given in accordance with this section to every person having any estate, right, share or interest in the land affected by the order.
Every person referred to in subsection (1) shall be deemed to receive notice of an order under section 4(1) if the Director—
causes a notice of resumption conforming to subsection (3) and in both Chinese and English to be—
affixed to some conspicuous part of the land or, in a case where only land lying wholly beneath the surface is to be resumed by the order, the surface thereof or any building thereon; and
published once in the Gazette; and
makes a copy of the order and, where appropriate a plan of the land available for inspection by the public free of charge at such offices of the Government, during the hours when those offices are normally open to the public, as the Director thinks fit.
A notice of resumption shall—
describe the land to be resumed and state that an order has been made under section 4(1) in respect thereof;
state where and at what times a copy of the order and, where appropriate, a plan of the land may be inspected in pursuance of subsection (2)(b);
state the day on which the notice was affixed to the land;
state the period of notice specified by the Chief Executive under section 4(2); (Amended 62 of 2000 s. 3)
declare that upon the expiry of that period the land described in the notice shall by virtue of section 4(3) revert to the Government or vest in The Financial Secretary Incorporated, as the case may require, for the purposes of the railway; and (Amended L.N. 180 of 1985; 29 of 1998 s. 105)
state that any person entitled to compensation under this Ordinance may serve a written claim upon the Director.
The Chief Executive may by order direct that easements or other permanent rights in, under or over land in the railway area and rights of temporary occupation of land in the railway area shall be created in favour of the Government for the purposes of and incidental to the railway. (Replaced 60 of 1983 s. 2. Amended 29 of 1998 s. 105; 62 of 2000 s. 3)
An order under subsection (1) shall specify the period of notice to be given under section 7(3) which period shall run from the day on which notice of creation of an easement or right is affixed to the land under that subsection and shall in no case expire earlier than 1 month from that day. (Amended 60 of 1983 s. 2)
An order made under subsection (1) may contain such consequential and incidental provisions as appear to the Chief Executive to be necessary or expedient for the purposes of the order including in particular provisions for authorizing persons to enter upon land or buildings in accordance with subsection (5) for the purpose of carrying out, installing, maintaining or removing any works, structures or apparatus. (Amended 62 of 2000 s. 3)
Upon the expiry of the period specified pursuant to subsection (2) the easement or right shall be created in favour of the Government and the benefits and obligations thereof and of all consequential and incidental provisions made under subsection (3) shall be of full force and effect against all persons having any estate, right, share or interest in the land without any consent, grant or conveyance. (Amended 60 of 1983 s. 2; 29 of 1998 s. 105)
No person shall, in the exercise of any power of entry referred to in subsection (3), enter upon any land which is occupied without giving to the occupier at least 14 days’ notice of his intention so to do unless—
the Director of Buildings or the Director of Lands is of the opinion that an emergency exists which necessitates immediate entry; or (Amended L.N. 291 of 1993)
the entry is required for the purpose of inspecting any works, structure or apparatus or carrying out any routine maintenance thereon.
Notice under subsection (5) may be given to and shall be deemed to have been received by an occupier if a written notice is affixed to a conspicuous part of the land to be entered.
The ownership of any thing shall not be altered by reason only that it is placed in or under or affixed to any land in exercise of the rights and powers arising from or incidental to an easement or right created under this section. (Amended 60 of 1983 s. 2)
The Director of Lands shall as soon as practicable after an easement or right has been created in favour of the Government under subsection (4) cause the creation of such easement or right to be noted in the register of the land affected thereby kept in the Land Registry. (Amended 60 of 1983 s. 2; 8 of 1993 ss. 2 & 3; L.N. 291 of 1993; 29 of 1998 s. 105)
Notice of creation of an easement or right by order made under section 6(1) shall be given in accordance with this section to every person having any estate, right, share or interest in the land affected by the order.
Every person referred to in subsection (1) shall be deemed to receive notice of an order under section 6(1) if the Director—
causes a notice of creation of an easement or right conforming to subsection (3) and in both Chinese and English to be—
affixed to some conspicuous part of the land in, under or over which the easement or right is to be created or, in a case where only land lying wholly beneath the surface is affected by the order, the surface thereof or any building thereon; and
published once in the Gazette; and
makes a copy of the order and, where appropriate, a plan of the easement or right available for inspection by the public free of charge at such offices of the Government, during the hours when those offices are normally open to the public as the Director thinks fit.
A notice of creation of an easement or right shall—
describe the land and the easement or right and state that an order creating the easement or right has been made under section 6(1);
state where and at what times a copy of the order and a plan of the easement or right may be inspected in pursuance of subsection (2)(b);
state the day on which the notice was affixed to the land;
state the period of notice specified by the Chief Executive under section 6(2); (Amended 62 of 2000 s. 3)
declare that upon the expiry of that period the easement or right described in the notice shall by virtue of section 6(4) be created in favour of the Government for the purposes of the railway; and (Amended 29 of 1998 s. 105)
state that any person entitled to compensation under this Ordinance may serve a written claim upon the Director.
(Amended 60 of 1983 s. 3)
If it is established to the satisfaction of the Chief Executive that any land is, on the day on which it is resumed under section 4(3), reasonably necessary to the use and enjoyment of contiguous or adjacent land so that such contiguous or adjacent land cannot by itself be put to any profitable use, the Chief Executive may make an order under section 4(1) in respect of the contiguous or adjacent land whether or not it is within the railway area.
Any person aggrieved by a decision of the Chief Executive under subsection (1) that at the date of resumption any land is not reasonably necessary to the use and enjoyment of contiguous or adjacent land may apply to the Lands Tribunal to review such decision.
Upon an application under subsection (2) the Lands Tribunal may direct that an order be made under section 4(1) by the Chief Executive in respect of the contiguous or adjacent land whether or not it is within the railway area.
(Amended 62 of 2000 s. 3)
Where in respect of any land notice has been published in the Gazette in accordance with section 5(2)(a)(ii) or 7(2)(a)(ii) but the land has not yet reverted to the Government or vested in The Financial Secretary Incorporated by virtue of section 4(3) or the easement or right has not yet been created by virtue of section 6(4), the Director, or any person acting under his authority, may without giving notice to the owner or occupier enter upon that land and any adjoining land within the railway area at all reasonable times for the purpose of— (Amended 29 of 1998 s. 105)
surveying and taking levels of such first-mentioned land;
setting out the line of any works; or
inspecting any apparatus referred to in section 13.
(Amended 60 of 1983 s. 4; L.N. 180 of 1985)
(Amended 29 of 1998 s. 57)
The Chief Executive may, for the purposes of the construction, operation, maintenance or improvement of the railway, by order— (Amended 62 of 2000 s. 3)
authorize the closure or substantial alteration of a street or part thereof either permanently or for an indefinite period;
authorize the temporary closure or temporary substantial alteration of any street or part thereof;
authorize the reclamation of, or other works of a public nature over and upon, Government foreshore or seabed;
declare that, or the extent to which, and the time at, or duration for which, any public or private right in, upon, under or over any street, Government foreshore or seabed shall be extinguished, modified or restricted.
For the purposes of subsections (1)(a) and (1)(b) the decision of the Director of Lands whether or not an alteration of a street is substantial or the closure or alteration of a street is temporary, permanent or indefinite shall be final. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)
Where an order is made under subsection (1) every public and private right in, upon, under or over the street, Government foreshore or seabed affected by the order shall be extinguished, modified or restricted according to the provisions in that behalf made in the order.
(Amended 29 of 1998 s. 105)
Notice of an order made under section 10(1)(a) or 10(1)(c) in respect of any street, foreshore or seabed shall be given in accordance with subsection (2) to every person having any estate, right, share or interest in the land affected by the order.
Every person referred to in subsection (1) shall be deemed to receive notice of an order under section 10(1)(a) or 10(1)(c) if the Director not later than 1 month before any thing is done under the authority of the order—
causes a notice conforming to subsection (3) and in both Chinese and English to be—
posted in a conspicuous position in or near the street, the foreshore or foreshore adjoining the seabed; and
published once in the Gazette;
makes a copy of the order and a plan of the affected area of street, foreshore or seabed available for inspection by the public free of charge at such offices of the Government, during the hours when those offices are normally open to the public, as the Director thinks fit.
The notice referred to in subsection (1) shall—
state that an order has been made under section 10(1)(a) or 10(1)(c) and describe the area of street, foreshore or seabed affected thereby and the manner in which it will be affected;
describe briefly any works to be carried out;
state where and at what times a copy of the order and a plan of the affected area of street, foreshore or seabed may be inspected pursuant to subsection (2)(b); and
state that any person entitled to compensation under this Ordinance may serve a written claim upon the Director.
The Director of Buildings or the Director of Lands, or any person acting under his authority, may enter any land or building situate wholly or partly within the railway area or wholly or partly within 70 metres thereof in order to carry out any inspection or survey which is reasonably necessary for the purposes of the railway, including an inspection or survey to ascertain the condition of such land or building prior to the construction of the railway, and may also enter any such land or building and carry out all reasonably necessary work of a preventive or remedial nature. (Replaced 47 of 1975 s. 2)
No person shall, for the purposes of subsection (1), enter any land or building which is occupied without giving to the owner and the occupier at least 14 days’ notice of his intention so to do unless—
the Director of Buildings or the Director of Lands is of the opinion that an emergency exists which necessitates immediate entry; or
the entry is required only for the purpose of an inspection or survey.
A notice of entry referred to in subsection (2)—
shall describe the purpose of the entry and the nature of any work to be carried out; and
shall be deemed to be given to and received by an owner or occupier if a written notice is affixed to a conspicuous part of the land or building to be entered.
The decision of the Director of Buildings or the Director of Lands that any work is of a preventive or remedial nature or that such work or any inspection or survey is reasonably necessary shall be final.
The Director of Buildings or the Director of Lands, or any person acting under his authority, may as occasion may require enter and resurvey any land or building in respect of which any of the powers contained in subsection (1) have been exercised and may in relation to that land or building exercise such powers as often as occasion may require. (Amended L.N. 377 of 1981)
(Amended L.N. 291 of 1993)
The Director may serve notice on the owner or supplier of any gas, electricity, water or telecommunications services to alter the course or position of any wire, line, cable, pipe, tube, casing, duct, post or other apparatus which belongs to or is maintained by that owner or supplier and to repair any street surface thereby disturbed if in the opinion of the Director such alteration is required for the purposes of the construction, operation, maintenance or improvement of the railway. (Amended 36 of 2000 s. 28)
A notice under subsection (1) shall—
specify the apparatus to which the notice applies and set out the Director’s requirements as to the alteration of its course or position and the repair of any street surface;
stipulate the period within which such work shall be carried out; and
be served upon the owner or supplier not later than 1 month before the commencement of that period.
The Director may give notice to the owner of any building in the railway area requiring him to remove any object or structure described in the notice which is attached to or projects from the building if in the opinion of the Director the removal of the object or structure is required for the purposes of the construction of the railway.
A notice under subsection (1) may be given to the owner of a building and shall be deemed to have been received by him if it is affixed to some conspicuous part of the building to or from which the object or structure is attached or projects.
A notice under subsection (1) shall—
describe the object or structure to be removed;
stipulate the period within which the work of removal shall be carried out;
be given to the owner of the building not later than 14 days before the commencement of that period; and
state that any person entitled to compensation under this Ordinance may serve a written claim upon the Director.
If the owner of the building does not comply with a notice given to him under subsection (1) any public officer authorized in that behalf by the Director of Buildings or the Director of Lands may enter the building and the land surrounding it, together with such other persons as he thinks necessary, and remove the object or structure described in the notice or cause it to be removed by those other persons. (Amended L.N. 291 of 1993)
An object or structure removed under subsection (4) shall, whether or not it was erected or maintained in contravention of any Ordinance, be forfeited to the Government free from the rights of any person and may be disposed of as the Director of Buildings or the Director of Lands thinks fit. (Amended L.N. 291 of 1993; 29 of 1998 s. 105)
Notwithstanding the Buildings Ordinance (Cap. 123), in any case where he is of the opinion that any building works or the commencement of any building works would be incompatible with any works or proposed or likely works for the construction, maintenance or improvement of the railway or with the operation thereof, the Building Authority may to such extent as is necessary to avoid such incompatibility—
refuse to give his approval to any plan or to consent to the commencement of the building works;
withdraw any approval which he has or is deemed to have given to any plan or any consent to the commencement of the building works;
in the case of piling works, excavation works or foundation works—
require the amendment of any plan showing such works; or
impose conditions on the giving of approval of plans showing such works or consent to commence such works.
The carrying out of any building works—
contrary to any refusal, or following a withdrawal, of approval or consent under subsection (1)(a) or (1)(b); or
otherwise than in accordance with any plan amended under subsection (1)(c)(i) or condition imposed under subsection (1)(c)(ii),
shall, for the purposes of section 23 of the Buildings Ordinance (Cap. 123), be deemed to constitute a contravention of that Ordinance.
Where the Building Authority refuses under subsection (1)(a) to give his approval to any plan because he is of the opinion that the building works shown thereon would be incompatible with works or proposed or likely works for the construction of stages 1 to 6 and stage 8 of the railway or the eastern harbour crossing, the owner of the land on which such building works were to be carried out may, by notice in writing to the Director, require that the land be resumed under this Ordinance. (Amended 66 of 1978 s. 3; 12 of 1981 s. 3; 6 of 1986 s. 4)
Where notice is given under subsection (3) the Chief Executive shall, unless the notice is withdrawn, make an order under section 4(1) in respect of the land not more than 1 month after receipt of the notice by the Director, and the period of notice specified in the order shall be 1 month. (Amended 62 of 2000 s. 3)
Any person who wilfully obstructs any person lawfully exercising or performing any power duty or function arising under section 5(2)(a)(i), 7(2)(a)(i), 9, 11(2)(a)(i), 12(1), 12(6), 14(2) or 14(4) or lawfully exercising any power consequential or incidental to an easement or right created pursuant to section 6 shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 1 year.
(Amended 60 of 1983 s. 5; E.R. 3 of 2021)
No action, claim or proceedings shall lie or be brought against the Government or any other person— (Amended 62 of 2000 s. 3)
to restrain the doing of anything which is authorized by or under this Ordinance or to compel the doing of anything which may be omitted to be done thereunder; or
to recover damages, compensation or costs for—
damage or disturbance to or loss of or in the value of any land, chattel, trade or business;
personal disturbance or inconvenience;
extinguishment, modification or restriction of rights;
the costs of effecting or complying with any requirement or condition imposed by the Director,
which is authorized by or under this Ordinance or arises from any act or omission so authorized, except in pursuance of one of the rights to compensation provided for in section 18.
The rights to compensation referred to in section 17 are the rights to claim from the Government for the items of loss damage or cost set out in the first column of Part I of the First Schedule a sum assessed on the basis specified opposite thereto in the second column thereof and with regard to the provisions of Part II of the First Schedule, subject to— (Amended 62 of 2000 s. 3)
the claim being served on the Director within the appropriate period specified in the fourth column of Part I of the First Schedule; and
the other provisions of this Ordinance.
Every person who is described in the third column of Part I of the First Schedule shall have the right to claim compensation for the item of loss damage or cost set out opposite thereto in the first column to the extent of the loss damage or cost suffered or incurred by him as assessed pursuant to this Ordinance.
Subject to this section, if a claim for an item of loss damage or cost is not served on the Director before the expiration of the period specified in the fourth column of Part I of the First Schedule in respect of that item, the right to claim compensation therefor shall be barred.
The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or after the expiry of that period, be extended in accordance with this section.
Notice of an application under subsection (2) shall be given to the Director by the applicant.
The Lands Tribunal may extend the period within which a claim must be served upon the Director if it considers that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other than the relevant provision in the fourth column of Part I of the First Schedule) or by any other reasonable cause or that the Government is not materially prejudiced in the conduct of its case or otherwise by the delay. (Amended 62 of 2000 s. 3)
An extension may be granted by the Lands Tribunal under subsection (4), 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.
Where it appears to the Chief Executive that compensation for any loss or damage under item 6 of Part I of the First Schedule is or may be disproportionate to the value of the building to which the compensation relates, he may make an order under section 4(1) in respect of that land or part thereof notwithstanding that it is not in the railway area.
Upon the vesting in The Financial Secretary Incorporated or the reversion to the Government of land or part thereof pursuant to an order authorized by subsection (1), compensation shall be assessed under item 1 of Part I of the First Schedule, and under item 3 if applicable, and any other right to compensation under this Ordinance shall lapse. (Amended L.N. 180 of 1985; 29 of 1998 s. 105)
Where a right to claim compensation under this Ordinance has lapsed by operation of subsection (2), the person to whom that right belonged pursuant to section 18(2), shall be entitled to include in his claim for compensation under item 1 of Part I of the First Schedule, and to receive from the Government, an amount to cover such costs and expenses as he has reasonably incurred in connection with a claim to enforce the right which has lapsed.
(Amended 62 of 2000 s. 3)
Any person who claims to be entitled to compensation under this Ordinance shall serve upon the Director a written claim setting out such of the following particulars as are applicable to his claim—
the name of the claimant, and his address for service of notices;
a full description of the land to which the claim relates including any covenants easements or restrictions affecting the same;
the nature of the claimant’s interest in the land including in the case of a sub-lessee or sub-tenant his landlord’s name and address and details of the sub-lease or tenancy;
details of any mortgage, including the principal still owing and name and address of the mortgagee;
if the claimant has sublet the land or any part thereof, the name and address of each tenant and details of his lease or tenancy;
particulars of the claim showing—
under which item the claim is made; and
how the amount claimed under any item is calculated.
The Director shall in writing acknowledge receipt and the date of receipt of every claim served on him under subsection (1).
If a claimant amends his claim before proceedings are commenced with the Lands Tribunal and the Director considers the amendment to be substantial, the Director may, within 14 days of the receipt of the amended claim, 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 Director, and this section shall apply accordingly.
The Director may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim or any item thereof and if any such particulars are not furnished to the Director within a period of 28 days from the date of the notice, or within such further period as the Director may in writing allow, the claim or the item thereof concerning which the particulars are requested shall be deemed to be rejected and subsection (5) shall not apply thereto.
The Director shall within 3 months of the service of a claim on him or, if he has requested further particulars under subsection (4) within 3 months of the day on which they are furnished in accordance with that subsection, notify the claimant in writing that he—
admits the entire claim; or
rejects the entire claim; or
admits a specified part or parts and rejects the remainder,
and in every case shall briefly state his reasons for rejection so that the claimant is adequately informed of those reasons.
Where the Director has rejected a claim or any part thereof under subsection (5) or where a claim or any part thereof is deemed to have been rejected under subsection (4) the Director may—
by notice in writing offer to the claimant such sum including costs as the Government is willing to pay in full and final settlement of the claim or any part thereof as the case may be; (Amended 62 of 2000 s. 3)
commence proceedings with the Lands Tribunal, to have the claim or any part thereof heard and determined by it in accordance with this Ordinance;
commence such proceedings with the Lands Tribunal where any offer under paragraph (a) is refused by the claimant.
In relation to any claim under item 6 of Part I of the First Schedule—
subsections (4), (5) and (6) shall not apply;
the Director may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim or any item thereof within a period of 28 days from the date of the notice, or within such further period as the Director may in writing allow;
prior to the commencement of proceedings with the Lands Tribunal the Director may by notice in writing offer to the claimant such sum (inclusive or exclusive of costs) as the Government is willing to pay in full and final settlement of the claim or any part thereof, as the case may be. (Added 66 of 1978 s. 4. Amended 62 of 2000 s. 3)
If at the expiration of 4 months from the receipt of a claim by the Director it has not been settled by agreement, either the claimant or the Director may commence proceedings with the Lands Tribunal to have the claim, or so much thereof as is still then in dispute, heard and determined by it in accordance with this Ordinance.
In any case where the claimant has failed to supply further particulars required by the Director in accordance with subsection (4) or (6A)(b) the Lands Tribunal may on the hearing of the claim consider the merits of the Director’s request for further particulars, and the claimant’s failure to supply them and may, if it thinks fit— (Amended 66 of 1978 s. 4)
order the claimant to furnish some or all of such particulars; and
adjourn the hearing until the order is complied with and the particulars are considered by the Director; and
make such further order as it thinks fit as to the costs of either party occasioned by the Director’s request for and the claimant’s failure to supply the further particulars.
A claim may be brought on behalf of a minor by his guardian or guardians, or any of them, and on behalf of a mentally defective person by the person empowered by law to administer his assets.
At any time after proceedings have been commenced with the Lands Tribunal but before compensation is finally assessed the Director may make an offer in writing of the kind described in section 21(6)(a) or 21(6A)(c) or the claimant may by notice to the Director offer a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of his claim or any rejected part thereof.
Where an offer made by the Director pursuant to section 21(6)(a) or 21(6A)(c) or by the Director or the claimant pursuant to subsection (1) is not accepted by the other party no part of the contents thereof which relates to any part of a claim before the Lands Tribunal shall be disclosed to that Tribunal until the amount of compensation for that part is assessed by it but 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.
Where the Director has made any offer pursuant to section 21(6)(a) or 21(6A)(c) which is refused by the claimant or either party has made any offer pursuant to subsection (1) which is refused by the other and the compensation including costs (if any) assessed by the Lands Tribunal does not exceed the amount of compensation including costs (if any) comprised in the offer, the Lands Tribunal shall, unless for special reasons it thinks it proper not to do so, order the party who refused the offer to bear his own costs and to pay the costs of the other party in so far as the costs of either party are incurred after the making of the offer.
(Amended 66 of 1978 s. 5)
The Lands Tribunal shall have jurisdiction to hear and determine in accordance with this Ordinance—
all claims for compensation which the Director or the claimant may refer to it under section 21(6) or (7); and
applications provided for by sections 8(2), 19(2) and 33.
The Lands Tribunal shall also have jurisdiction to award compensation or any part thereof to a claimant if at the time of the award it has no notice or intimation of any dispute as to his entitlement but the making of any such award shall not affect the entitlement to receive compensation under this Ordinance of any other person who may thereafter be held by a court of competent jurisdiction to have a better title to the compensation or any part thereof than the person to whom it was awarded.
An award of compensation under subsection (2) shall not in any way affect the entitlement of a mortgagee to be paid compensation in accordance with section 25.
Subject to subsection (2) a mortgagee of land which reverts to the Government or vests in The Financial Secretary Incorporated under this Ordinance shall, in so far as he has priority as against any other mortgagee, be entitled to be paid so much of any compensation as is required to discharge his mortgage debt including any interest thereon. (Amended L.N. 180 of 1985; 29 of 1998 s. 105)
If compensation is payable under this Ordinance otherwise than for land resumed or if the land to which compensation relates is part only of the mortgage security a mortgagee shall, in so far as he has priority as against any other mortgagee, be entitled to be paid so much of the compensation as is necessary to reduce his mortgage debt to an amount which is adequately secured by the land or the remaining land as the case may be.
The payment of compensation, as required by subsections (1) and (2), shall be made in accordance with the written agreement of the claimant and every mortgagee of the land or failing such agreement in accordance with an order of the Court of First Instance under subsection (4). (Amended 25 of 1998 s. 2)
The claimant or any mortgagee may apply to the Court of First Instance for an order as to the payment of unpaid compensation and on any such application the Court may make such order as it thinks just and equitable having regard to the requirements of subsections (1) and (2). (Amended 25 of 1998 s. 2)
The Lands Tribunal may direct that interest be paid on compensation (but not on costs) from such date and for such period as it thinks fit, at the rate specified in subsection (2) or at such other rate as may be determined by resolution of the Legislative Council. (Amended 76 of 1980 s. 24; 6 of 2001 s. 6)
For the purposes of subsection (1), the rate of interest paid—
in respect of a working day shall be the lowest of the interest rates paid on deposits at 24 hours’ call by note-issuing banks at the close of business on that day; and
in respect of a non-working day shall be the lowest of the interest rates paid on deposits at 24 hours’ call by note-issuing banks at the close of business on the last working day before that day. (Added 6 of 2001 s. 6)
In this section—
non-working day (非工作日) means a day that is not a working day; note-issuing bank (發鈔銀行) has the meaning assigned to it by section 2 of the Legal Tender Notes Issue Ordinance (Cap. 65); working day (工作日) 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. 6)All compensation (including interest thereon) and all costs—
agreed to be paid to the claimant by the Director; or
awarded by the Lands Tribunal against the Government,
shall be paid out of the general revenue within 3 months of the agreement or award, unless there is a dispute as to the person entitled to such compensation.
(Amended 62 of 2000 s. 3)
The Director may require any claimant to whom compensation is payable for land resumed under this Ordinance to surrender his documents of title to the Director as a condition of payment being made.
Subject to subsection (2), the Director of Buildings or the Director of Lands may in writing authorize any public officer either generally or in any particular case to exercise or perform any of the powers, functions and duties conferred or imposed upon him by this Ordinance where the power, function or duty is expressed as being conferred or imposed on the Director but not where it is expressed as being conferred or imposed on the Director of Buildings or the Director of Lands. (Amended L.N. 291 of 1993)
For the purposes of any provision of this Ordinance appearing in the first column of the Second Schedule, the Director of Buildings or the Director of Lands shall not under subsection (1) authorize a public officer below the rank specified opposite thereto in the second column.
The Director of Lands may in writing authorize any person, who is not a public officer, either generally or in any particular case, to exercise any of the powers and functions conferred on him by section 21(4) or 21(6A)(b) if he is satisfied that such person is qualified to exercise such powers and functions. (Added 66 of 1978 s. 6 )
(Amended L.N. 76 of 1982; L.N. 94 of 1986; 80 of 1997 s. 102)
Without prejudice to any other provision of this Ordinance, any notice or other document required or authorized to be given to or served on any person for the purposes of this Ordinance or any proceedings thereunder before the Lands Tribunal may be personally given to or served on that person or may be sent to him by registered post.
Where it is stated—
in any order under section 4(1), 6(1) or 10(1) respectively that—
the resumption of land;
the creation of an easement or right; or (Amended 60 of 1983 s. 6)
the closure, alteration or work,
is ordered or authorized for the purposes of or incidental to the railway or the construction, operation, maintenance or improvement thereof; or
in a notice under section 12, 13, or 14 that the entry or the work therein described or required to be carried out is, in the opinion of the Director, necessary or required for the construction, operation, maintenance or improvement of the railway,
then such statement shall be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact so stated.
Any land resumed or easement or right created under this Ordinance and any land which becomes vested in The Financial Secretary Incorporated may be used in such manner as the Government or The Financial Secretary Incorporated thinks fit and may be disposed of to any person by any means and on any terms whatsoever.
(Amended 60 of 1983 s. 7; L.N. 180 of 1985; 29 of 1998 s. 105)
The Lands Tribunal may, on the application of any person, certify the amount of any settlement of compensation agreed between that person and the Director under this Ordinance or the amount of the price of land being sold by that person to the Government for the purposes of or incidental to the railway and any amount so certified by the Lands Tribunal shall be deemed to be the best settlement or sale price (as the case may be) which could reasonably be obtained.
(Amended 29 of 1998 s. 105)
Except to the extent that provision is otherwise made in Part I of the First Schedule—
the Lands Resumption Ordinance (Cap. 124) shall not apply to the resumption of any land ordered under section 4 nor to any claim for or determination, award or payment of compensation for such resumption; and (Amended 29 of 1998 s. 58)
the Roads (Works, Use and Compensation) Ordinance (Cap. 370) and the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127) shall not apply to an order made under section 10(1) nor to the implementation or effects thereof. (Amended 37 of 1982 s. 41; 63 of 1985 s. 21)
(Repealed 73 of 1982 s. 39)
| Losses for which compensation may be claimed | Basis on which compensation is to be assessed | Persons who may claim compensation for their respective losses | Period within which the claim must be served on the Director | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. | The loss of land resumed under section 4. | As if the claim were made under the Lands Resumption Ordinance (Cap. 124) for land resumed under that Ordinance. (Amended 29 of 1998 s. 59) | Any person who would be entitled to claim compensation for land resumed under the Lands Resumption Ordinance (Cap. 124) if the land had been resumed thereunder. (Amended 29 of 1998 s. 59) | Before the expiration of 1 year from the date of resumption. | ||||||||
| 2. | The loss— | (a) | The amount by which the open market value of the land is reduced on the date on which the easement or right is created under section 6(4). | (a) | Any person owning a compensatable interest in the land on the date on which the easement or right is created under section 6(4). | (a) | Before the expiration of 1 year from the date on which the easement or right is created under section 6(4). | |||||
| (a) | of value of land caused by the creation of an easement or right in, under or over that land pursuant to section 6. | |||||||||||
| (b) | due to disturbance resulting from the creation of an easement or right under section 6. | (b) | A disturbance payment. | (b) | Same as in item 2(a). | (b) | Same as in item 2(a). | |||||
| (Amended 60 of 1983 s. 8) | ||||||||||||
| 3. | The loss or value of land, no part of which is resumed, due to the extinction of any right or easement upon the resumption of adjacent or contiguous land. | On the basis provided for by the Lands Resumption Ordinance (Cap. 124) for the extinction of any right or easement caused by resumption under that Ordinance. (Amended 29 of 1998 s. 59) | Any person who would be entitled to claim compensation under the Lands Resumption Ordinance (Cap. 124) for the extinction of any right or easement caused by resumption under that Ordinance if the adjacent or contiguous land had been resumed thereunder. (Amended 29 of 1998 s. 59) | Before the expiration of 1 year from the date of resumption of the adjacent or contiguous land. | ||||||||
| 4. | The pecuniary loss or damage caused or likely to be caused by the closure or substantial alteration of a street or part of a street under section 10. (Amended 68 of 1976 s. 2) | The amount of any pecuniary loss or damage to any property held under a Government lease: Provided that, in the case of a temporary closure or temporary substantial alteration, that closure or alteration continues for a period exceeding 6 months. (Replaced 37 of 1982 s. 41. Amended 29 of 1998 s. 59) | The owner or occupier of the property. (Replaced 37 of 1982 s. 41) | Before the expiration of 1 year from— | ||||||||
| (a) | the closure of the street or part thereof in the case of a street or part of a street permanently closed; | |||||||||||
| (b) | the re-opening of the street or part thereof in the case of a street or part of a street temporarily closed or closed for an indefinite period; | |||||||||||
| (c) | the completion of the substantial alteration of the street or part thereof in the case of a permanent alteration of a street or part of a street; | |||||||||||
| (d) | the reinstatement of the street or part thereof in the case of temporary substantial alteration of a street or part of a street or a substantial alteration of a street or part of a street for an indefinite period. (Replaced 68 of 1976 s. 3) | |||||||||||
| 5. | Loss sustained by the extinguishment, modification or restriction of any private right over Government foreshore or seabed under section 10. (Amended 29 of 1998 s. 59) | The amount which might fairly and reasonably be assessed as the pecuniary loss of the claimant. | Any person in whom the private right was vested at the date of extinguishment, modification or restriction provided for under section 10(1)(d). | Before the expiration of 1 year from the date of extinguishment, modification or restriction provided for under section 10(1)(d). | ||||||||
| 6. | (a) | Structural damage to any building resulting from the construction or operation of the railway. | (a) | (i) | The amount which is, or might be, fairly and reasonably incurred in repairing the damage. | (a) | Any person owning a compensatable interest in the damaged building. | (a) | Before the expiration of 6 years from the date of the opening for public traffic of that portion of the railway from which the damage is alleged to have resulted. | |||
| (ii) | The amount by which the open market value of the land is, or would be, reduced as a result of the manner in which it is necessary to repair the damage. | |||||||||||
| (b) | The loss due to disturbance resulting from structural damage mentioned in item 6(a). | (b) | A disturbance payment. | (b) | Same as in item 6(a). | (b) | Same as in item 6(a). | |||||
| 7. | (a) | Damage to any land or building resulting from the exercise of any power contained in section 12. | (a) | (i) | The amount which is, or might be, fairly and reasonably incurred in repairing the damage. | (a) | Any person owning a compensatable interest in the damaged building. | (a) | Before the expiration of 1 year from the date of completion of the work carried out under section 12 from which the damage or loss is alleged to have resulted. | |||
| (ii) | The amount by which the open market value of the land is, or would be, reduced as a result of the manner in which it is necessary to repair the damage. | |||||||||||
| (b) | The loss due to disturbance resulting from the exercise of any power contained in section 12. | (b) | A disturbance payment. | (b) | Same as in item 7(a). | (b) | Same as in item 7(a). | |||||
| 8. | The cost of altering the course or position of any apparatus and of repairing any street surface pursuant to a notice served by the Director under section 13. | The cost which is fairly and reasonably incurred in effecting such alteration and repair. | The person on whom the notice under section 13 is served. | Before the expiration of 1 year from the completion of the alteration and repair. | ||||||||
| 9. | (a) | The loss of value of a building caused by the removal, under section 14, of any object or structure which was erected and maintained without the contravention of any Ordinance. | (a) | The amount by which the open market value of the land is reduced. | (a) | Any person owning a compensatable interest in the building on the date of removal of the object or structure. | (a) | Before the expiration of 1 year from the date of removal. | ||||
| (b) | The cost of a removal referred to in item 9(a). | (b) | The cost incurred in moving the object or structure and making good that part of the building from which it is removed. | (b) | Any person who incurs the cost. | (b) | Same as in item 9(a). | |||||
| (c) | The cost of reinstating an object or structure described in item (a) above or of replacing the same with a similar object or structure. | (c) | The cost incurred in so doing. | (c) | Any person who incurs the cost. | (c) | Before the expiration of 1 year from the date of reinstatement or replacement. | |||||
| (d) | The loss sustained by the forfeiture under section 14(5) of an object or structure which was erected and maintained without the contravention of any Ordinance and is not to be reinstated or replaced with a similar object or structure at the expense of the Government under item (c) above. (Amended 29 of 1998 s. 59) | (d) | The amount which might fairly and reasonably be estimated as the loss of the claimant. | (d) | Any person owning a share or interest in the object or structure on the date on which it is removed under section 14(4). | (d) | Before the expiration of 1 year from the date of removal. | |||||
| 10. | The loss sustained on account of the withdrawal of any approval or consent by the Building Authority under section 15. | The amount which might fairly and reasonably be estimated as the loss of the claimant in respect of— | The owner of the land affected by the withdrawal of approval or consent. | Before the expiration of 1 year from the date of withdrawal. | ||||||||
| (a) the reduction of the open market value of land; | ||||||||||||
| (b) materials, plant and equipment; | ||||||||||||
| (c) professional fees and expenses actually paid or legally payable, | ||||||||||||
| on account of the withdrawal of approval or consent. | ||||||||||||
| 11. | The loss sustained on account of the refusal by the Building Authority under section 15(1)(a) to consent to the commencement of building works, because the Building Authority is of the opinion that the building works would be incompatible with works or proposed or likely works for the construction of stages 1 to 6 and stage 8 of the railway or the eastern harbour crossing. (Amended 66 of 1978 s. 7; 12 of 1981 s. 4; 6 of 1986 s. 5) | The amount by which the open market value of the land is reduced on account of the refusal. | The owner of the land. | Before the expiration of 1 year from the date of the refusal. | ||||||||
| 12. | The cost of complying with a plan amended, or a condition imposed, under section 15(1)(c), in a case where the plan shows piling works, excavation works or foundation works, to avoid incompatibility of such works with works or proposed or likely works for the construction of stages 1 to 6 and stage 8 of the railway or the eastern harbour crossing. (Amended 66 of 1978 s. 7; 12 of 1981 s. 4; 6 of 1986 s. 5) | Any additional cost incurred in carrying out building works which is attributable solely to compliance with the amendment required, or condition imposed, under section 15(1)(c). | The owner of the land on which the building works are carried out. | Before the expiration of 1 year from the completion of the building. | ||||||||
The provisions in this Part shall, where applicable, have effect for the purpose of assessing compensation under Part I of this Schedule and shall—
be in addition to such of the provisions of the Lands Resumption Ordinance (Cap. 124) as apply, by virtue of Part I, to the assessment of compensation; and (Amended 37 of 1982 s. 41; 29 of 1998 s. 59)
prevail over any provision referred to in subparagraph (a) which is inconsistent or in conflict with a provision in this Part.
In Part I—
compensatable interest (可獲補償權益) means the estate or interest of— (a)a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than 1 month or a tenancy or sub-tenancy terminable (whether by virtue of an Ordinance or otherwise) by either party by not less than 1 month’s notice; (Amended L.N. 587 of 1995) (b)a mortgagee in possession; (c)the holder of a valid and subsisting option to purchase an interest referred to in subparagraph (a) or (d); (Amended E.R. 3 of 2021) (d)a purchaser under an agreement for sale and purchase to whom the benefit of an interest referred to in subparagraph (a) or (c) has already passed; (Amended E.R. 3 of 2021) date of resumption (收回日期) means the day on which land reverts to the Government or vests in The Financial Secretary Incorporated under section 4(3); (Amended L.N. 180 of 1985; 29 of 1998 s. 59) disturbance (騷擾) means the displacement of a person from land and the interruption of or interference with trade or business, whether such displacement, interruption or interference is temporary or permanent; disturbance payment (騷擾補償金) means a sum equal to— (a)the financial loss naturally and reasonably resulting from the displacement of a person from land; and (b)in the case of disturbance of a trade or business on any land, the financial loss naturally and reasonably resulting from the disturbance of that trade or business; open market value (公開市場價值) means the amount which the land if sold in the open market by a willing seller might reasonably be expected to realize.In the assessment of compensation no account shall be taken of any increase or decrease in the value of land to which, or to the building works on which, the compensation relates which is attributable to—
the delineation thereof under section 3 as part of the railway area; or
the construction or operation of the railway, including any damage for which compensation would have been payable but for the operation of section 20(2).
(Repealed 37 of 1982 s. 41)
Compensation may be refused or reduced in respect of any building or part thereof which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Buildings Ordinance (Cap. 123) being a contravention within the meaning of that Ordinance.
The compensation assessed under item 6 or 7 of Part I of this Schedule shall be reduced to such extent as the Lands Tribunal thinks just and equitable having regard to the share in the responsibility for the loss or damage not attributable to or connected with the railway.
(Amended 80 of 1997 s. 102)
Where a sign advertising any business, product, service or activity is removed under section 14(4), nothing in item 9(d) of Part I of this Schedule shall be construed as conferring upon any person a right to compensation for the loss of any benefit which might have accrued to him from the advertising of that business, product, service or activity if the sign had not been removed.
If compensation under item 2, 3, 4, 5, 6, 7, 9, 10 or 11 of Part I of this Schedule has been paid in respect of the reduction of value of land and such land or part thereof is subsequently resumed by the Government under this Ordinance or any other enabling power, then notwithstanding paragraph 3 of this Part of this Schedule or any other provision of law to the same or similar effect, the amount of that reduction in value shall be taken into account to reduce the compensation for the resumption of that land to the extent that it was taken into account in the assessment of compensation for the reduction in value thereof.
(Amended 29 of 1998 s. 59)
Where under this Ordinance a claim for compensation may be made by a mortgagee in possession—
such claim may include compensation in respect of the whole interest which comprises the mortgage security; and
compensation received by a mortgagee in possession shall be applied by him as if it were proceeds of sale of the mortgage security.
For the avoidance of doubt it is declared that where an interest in land has been resumed under section 4, the assessment of compensation under items 1 and 3 of Part I of this Schedule shall not be affected by the fact that power to resume that interest is not conferred by the Lands Resumption Ordinance (Cap. 124).
(Amended 29 of 1998 s. 59)
Compensation shall be payable under item 12 of Part I of this Schedule only to the extent that the carrying out of building works in accordance with a plan amended, or condition imposed, under section 15(1)(c) does not increase the open market value of the land on which the building works are carried out.
Where land is resumed following a notice given by the owner under section 15(3), no account shall be taken, in the assessment of compensation therefor, of the refusal of approval of a plan which led to the giving of such notice.
| Section | Public officer |
| 6(5) 12(2) 12(5) 12(6) | Chief Building Surveyor |
| 13(1) 14(1) | Chief Estate Surveyor (Amended L.N. 94 of 1986) |
| 14(4) 14(5) | Chief Building Surveyor |
| 21(3) 21(4) 21(5) 21(6) 21(7) | Chief Estate Surveyor |
| 28 | Chief Estate Surveyor (Amended 8 of 1993 s. 25) |
(Amended E.R. 3 of 2021)