Town Planning (Taking Possession and Disposal of Property) Regulation
(Enacting provision omitted—E.R. 5 of 2021)
[24 November 1994]
(Format changes—E.R. 5 of 2021)
(Omitted as spent—E.R. 5 of 2021)
Before exercising his power pursuant to section 23(7A) of the Ordinance to take possession of, remove, detain and dispose of property that is on the land to which a notice under section 23(1), (2) or (3) of the Ordinance relates (initial notice), the Authority shall serve a further notice (removal notice) on the person served with the initial notice requiring him to remove, or cause to be removed, the property from that land.
Subject to subsection (3), the removal notice shall—
contain a description of the property;
specify the land on which the property is located;
specify the date, which shall be not less than 14 days from the date of service of the removal notice, by which the property shall be removed from that land; and
state that if the property is not removed by the specified date, the Authority may take possession of, remove, detain and dispose of the property.
Where any part of the property is perishable, or is a live animal, bird or fish, or in the opinion of the Authority constitutes or is likely to constitute a health or safety hazard (perishable or hazardous property), the removal notice shall, as regards the perishable or hazardous property—
instead of specifying the date under subsection (2)(c), specify an earlier date by which the perishable or hazardous property shall be removed from that land; and
state that if the perishable or hazardous property is not removed by the specified date, the Authority may cause immediate disposal of the perishable or hazardous property by sale or otherwise as the Authority thinks fit.
Where the Authority is satisfied that the property required by the removal notice to be removed has been removed as so required, he shall serve on the person on whom the removal notice has been served a further notice specifying the matters in respect of which he is so satisfied. (25 of 2004 s. 22)
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.
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)—
contain a description of the property taken and removed by the Authority;
specify the date on which such property was removed from the land;
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;
specify to whom such claim shall be made; and
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.
Where the property is perishable or hazardous property within the meaning of section 2(3), the disposal notice shall—
instead of specifying the date of removal under subsection (2)(b), specify the date and manner of its disposal;
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.
Any property removed under section 3 may be detained by the Authority until it is—
returned to the owner under section 5; or
disposed of under section 6.
Any person who claims to be the owner of the property may by the date specified in the disposal notice served under section 3 apply to the Authority for the return of the property, or thereafter for payment of the proceeds of sale, to him, if any.
Any person who claims to be the owner of perishable or hazardous property within the meaning of section 2(3) may make a claim for payment of the proceeds of sale to him, if any.
The property or proceeds of sale shall be returned or paid to the claimant by the Authority if—
the Authority is satisfied that the claimant is the owner of the property; and
the claimant settles all expenses incurred by the Authority in connection with the taking possession, removal, detention and disposal of the property.
The Authority shall be entitled to deduct from the proceeds of sale the expenses incurred by the Authority in connection with the taking possession, removal, detention and disposal of the property.
If the property detained under section 4—
is not claimed by the date specified in the disposal notice served under section 3;
is not returned to a claimant under section 5(3); or
is perishable or hazardous property,
it may be disposed of by the Authority by sale or otherwise as the Authority thinks fit.
Where the Authority is satisfied—
that the property that has not been removed by the date specified in that regard in a removal notice served under section 2 has been removed at any time after that date; and
if the Authority has incurred any expenses for such purpose under section 23(7) of the Ordinance, that the expenses have been paid to or recovered by the Authority,
he shall serve on the person on whom the removal notice has been served a further notice specifying the matters in respect of which he is so satisfied.
The Authority shall, as soon as reasonably practicable after service of a notice under section 2(1) or (4) or 6A, register the notice in the Land Registry.
A notice served under section 2(1) or (4) or 6A shall be deemed to be an instrument affecting land or premises and shall be registrable in the Land Registry, but a failure to register such a notice in the Land Registry shall not affect its validity against the person on whom the notice has been served.
A notice required to be served under section 2(1) or 3(2) may be served— (25 of 2004 s. 24)
on a person in person or by sending it by post to his last known address or depositing it in his post box; and
by posting it in a prominent position—
on or near the land on which the property is situated; or
on any premises or structure on the land on which the property is situated.
A copy of the notice referred to in subsection (1) shall be published at least once in 1 daily English language newspaper and 2 daily Chinese language newspapers.