### Land Drainage Ordinance 《土地排水條例》

40. Jurisdiction of Lands Tribunal
(1) The Lands Tribunal shall have jurisdiction to hear and determine in accordance with this Ordinance all claims for compensation which may be referred to it under section 39(3) and applications provided for by section 38(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 the Lands Tribunal 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 41.

41. Payment to mortgagees
(1) Subject to subsection (2), a mortgagee of land which vests in The Financial Secretary Incorporated or reverts to the Government under this Ordinance 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 required to discharge his mortgage debt including any interest thereon. (Amended 29 of 1998 s. 105)
(2) If compensation is payable under this Ordinance otherwise than for land resumed or if the land to which the 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 Court of First Instance under subsection (4). (Amended 25 of 1998 s. 2)
(4) 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 of First Instance 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)

### Land Drainage Ordinance 《土地排水條例》

42. Interest
(1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs)— (Amended 6 of 2001 s. 10)
(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. 87)
(b) in any other case, from such date and for such period as it thinks fit. (Amended 6 of 2001 s. 10; 25 of 2023 s. 117)
(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)—is the reference interest rate; and 
(b) in respect of a day other than a publication day—is the reference interest rate published on the last publication day before that day. (Replaced 25 of 2023 s. 117)
(3) In this section—
reference interest rate (參考利率) means the 1-month Hong Kong Dollar Interest Settlement Rate published by The Hong Kong Association of Banks by the close of business on a day. (Replaced 25 of 2023 s. 117)

43. Compensation payable out of general revenue
All compensation (including any interest thereon) and all costs—
(a) agreed to be paid to a claimant by the Drainage Authority; or
(b) awarded by the Lands Tribunal against the Government, (Amended 61 of 1999 s. 3)
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.

44. Surrender of title documents
The Drainage Authority may require any claimant to whom compensation is payable for land resumed under this Ordinance to surrender his documents of title to the Drainage Authority as a condition of payment being made; and in any case where the documents of title relate also to land not resumed, the Drainage Authority shall return them to the claimant after the vesting or reversion has been noted in the register of the land kept in the Land Registry under section 37(7)(a).

### Land Drainage Ordinance 《土地排水條例》

45. Service of notice and order
(1) Any notice or order required to be served under this Ordinance may be served by serving a copy—
(a) personally; or
(b) by registered post addressed to the last known place of business or residence of the person to be served; or
(c) by leaving the same with an adult occupier of the land to which the notice or order relates or by posting the same upon a conspicuous part of such land.
(2) In addition to the method of service mentioned in subsection (1)(a), (b) or (c), the publication in the Gazette of any such notice or order together with the available particulars of the person to whom it is addressed shall be good service.
(3) Any notice or order served by registered post shall be deemed, unless the contrary is shown, to have been served on the day succeeding the day on which it would have been received in the ordinary course by registered post.
(4) In proving service by registered post it shall be sufficient to prove that the letter containing the notice or order was duly addressed and posted.

46. Offences
(1) Any person who wilfully obstructs any person lawfully exercising or performing any power, duty or function arising under this Ordinance commits an offence and is liable to a fine at level 5.
(2) Any person who contravenes section 18(10) or 19(4) commits an offence and is liable to a fine at level 4.
(3) Any person who contravenes section 26(1) or 27(1) or (2) commits an offence and is liable to a fine at level 5.
(Amended E.R. 3 of 2021)

47. Power to make regulations
The Secretary may by regulation provide for—
(a) the procedures and matters relating to—
(i) making an appeal to the Board under section 28 including matters to be set out in or to accompany a notice of appeal;
(ii) the hearing of such appeal; and
(iii) the determination of such appeal;
(b) the procedures and matters relating to—
(i) applying for a review under section 8 including matters to be set out in or to accompany an application for review;
(ii) the hearing of such review; and
(iii) the determination of such review;
(c) the procedures to be followed in making an application for consent or approval and in giving a consent or approval under sections 26 and 27; and
(d) generally, the carrying into effect of the provisions of this Ordinance.