### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

31. Jurisdiction of Lands Tribunal
(1) The Lands Tribunal shall have jurisdiction to hear and determine in accordance with this Ordinance—
(a) all claims for compensation which the Secretary or the claimant may refer to it under section 29(6) or (7); and
(b) applications provided for by sections 23(2) and 28(2).
(2) 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.
(3) 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 32.

32. Payment to mortgagees
(1) 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)
(2) 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.
(3) 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 High Court under subsection (4).
(4) The claimant or any mortgagee may apply to the High Court 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)

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

33. Interest
(1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs)— (Amended 6 of 2001 s. 9)
(a) in the case of compensation payable under item 1 of Part II of the Schedule, as if the claim were made under the Lands Resumption Ordinance (Cap. 124) for land resumed under that Ordinance; and (Amended 29 of 1998 s. 78)
(b) in any other case, from such date and for such period as it thinks fit. (Amended 6 of 2001 s. 9; 25 of 2023 s. 83)
(2) For subsection (1)(b), the rate of interest payable—
(a) in respect of a day on which the reference interest rate is published (publication day

34. Compensation payable out of general revenue
All compensation (including any interest thereon) and all costs—
(a) agreed to be paid to the claimant by the Secretary; or
(b) awarded by the Lands Tribunal against the Government, (Amended 25 of 2023 s. 90)
shall be paid out of the general revenue within 3 months of the agreement or final award, unless there is a dispute as to the person entitled to such compensation.

35. Surrender of title documents
The Secretary may require any claimant to whom compensation is payable for land resumed under this Ordinance to surrender his documents of title to the Secretary as a condition of payment being made; and in any case where the documents of title relate also to land not resumed, the Secretary shall return them to the claimant after the resumption has been noted in the register of the land kept in the Land Registry.
(Amended 8 of 1993 s. 2)

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

36. Certain statements to be conclusive evidence
Where it is stated—
(a) in any order under section 13(1), 15(1) or 17(1) respectively that—
(i) the resumption of land;
(ii) the creation of an easement or other right; or
(iii) the closure, reclamation, extinction, modification or restriction,
is ordered or declared for the purposes of or incidental to the works or the use; or (Amended 8 of 1987 s. 3)
(b) in a notice under section 19, 20 or 21 that the entry or the work therein described or required to be carried out is, in the opinion of the Secretary, in connexion with the works, the use, an assessment of the value of any land, building or other property or in order to ascertain the condition of the land or building or necessary or required for the works or the use; or
(c) by the Secretary that—
(i) any works—
(A) only involve minor physical or structural operations; or
(B) only create minimal adverse effect on the road users and other people in the neighbourhood; or (Replaced 25 of 2023 s. 84)
(ii) a road does not serve any useful purpose or does not serve any lawful purpose,
then such statement must be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact so stated. (Amended 25 of 2023 s. 84)

37. Disposal of lands and easements
Any land resumed or any Government foreshore or sea-bed reclaimed or any easement or other 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 L.N. 180 of 1985)
(Amended 29 of 1998 s. 105; 25 of 2023 s. 85)

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

37A. Absence of authorization of expenditure for works or use not prevent certain matters
The fact that the expenditure for any works or any use has not been approved or authorized under the Public Finance Ordinance (Cap. 2) or any other enactment does not prevent—
(a) the authorization of the works or the use under section 4 or 11(1), (2), (4) or (5);
(b) the exercise of a power under section 11(7), 13, 15, 17, 19, 20, 21, 22 or 23; or
(c) the provision of any compensation (whether monetary or non-monetary) or any financial or other assistance, whether or not under an enactment, in connection with the works or the use.
(Added 25 of 2023 s. 86)

38. Certain Ordinances not to apply
Except to the extent that provision is otherwise made in this Ordinance—
(a) the Lands Resumption Ordinance (Cap. 124) shall not apply to the resumption of any land ordered under section 13 nor to any claim for or determination, award or payment of compensation for such resumption; (Amended 29 of 1998 s. 78)
(b) the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127) shall not apply to an order made under section 17(1) nor to the implementation or effects thereof; and (Amended 63 of 1985 s. 21)
(c) the Buildings Ordinance (Cap. 123) shall not apply to the works or use for the purpose of giving rise to any claim for compensation.