### Land Drainage Ordinance 《土地排水條例》

31. Exercise of Drainage Appeal Board jurisdiction
(1) At least 3 members, of whom one shall be the chairman of the Board and one shall be a registered professional engineer in the civil, geotechnical or structural engineering discipline, shall be present—
(a) in every proceeding before the Board relating to a review and to determine the review; or
(b) to hear and determine an appeal.
(2) Every question before the Board shall be determined by the opinion of the majority of the chairman of the Board and the members present in the review or the appeal; in the event of an equality of votes the chairman of the Board shall have a casting vote.

32. Powers of Drainage Appeal Board
(1) A Board may, for the purpose of proceedings before it—
(a) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, whether or not such material would be admissible in evidence in civil or criminal proceedings;
(b) by notice in writing signed by the chairman of the Board, require any person to appear before it at any proceedings and to give evidence and produce documents;
(c) administer oaths and affirmations;
(d) examine on oath or affirmation any person attending before it at any proceedings;
(e) order the inspection of any land within a Drainage Authority Area by the Drainage Authority and authorize the entry on and viewing of such land.
(2) The chairman and members of the Board may, for the purpose of proceedings before the Board, enter, inspect and view any land within a Drainage Authority Area.
(3) A witness before the Board shall be entitled to the same immunities and privileges as if he were a witness in proceedings before the Court of First Instance. (Amended 25 of 1998 s. 2)
(4) Any notice or order of a Board shall be issued under the hand of the chairman of the Board.

33. Appeal to Court of First Instance on point of law
(1) A decision of the Board on an appeal under section 28 shall be final:
Provided that any person aggrieved by the decision as being erroneous in point of law may appeal to the Court of First Instance, and upon any such appeal the Court of First Instance may confirm, reverse or vary the decision of the Board.
(2) Notice of any such appeal shall be given within one month after notification of the decision of the Board.
(3) Save as otherwise provided in this Ordinance, the practice and procedure in relation to any such appeal shall be subject to any rules of court.
(4) The decision of the Court of First Instance shall be final.
(Amended 25 of 1998 s. 2)

### Land Drainage Ordinance 《土地排水條例》

34. No recovery of money except under this Ordinance
No person shall have any right against the Government or any other person to recover any money in respect of any works executed or anything done by the Drainage Authority and authorized under this Ordinance except to the extent of the rights to compensation provided for in section 36.
(Amended 61 of 1999 s. 3)

35. No right to compel or restrain
No person shall have any right against the Government, the Drainage Authority, his agent or independent contractor employed and authorized by him, to compel or restrain anything authorized under this Ordinance.
(Amended 61 of 1999 s. 3)

36. Compensation
(1) The compensation referred to in section 34 is the right to recover from the Government for the matters set out in column 2 of Part II of the Schedule a sum assessed on the basis specified opposite thereto in column 3 thereof and with regard to the provisions of Part I of the Schedule, subject to— (Amended 61 of 1999 s. 3)
(a) the claim being served on the Drainage Authority within the appropriate period specified in column 5 of Part II of the Schedule; and
(b) the other provisions of this Ordinance.
(2) Every person who is described in column 4 of Part II of the Schedule shall have the right to recover compensation for the matters set out opposite thereto in column 2 to the extent suffered or incurred by him as assessed under this Ordinance.

### Land Drainage Ordinance 《土地排水條例》

38. Claims out of time
(1) Subject to subsection (2), if a claim is not served on the Drainage Authority before the expiration of the period specified in column 5 of Part II of the Schedule in respect of that matter, the right to claim compensation therefor shall be barred.
(2) The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or after the expiration of that period, be extended in accordance with this section.
(3) Notice of an application under subsection (2) shall be given to the Drainage Authority by the applicant.
(4) The Lands Tribunal may extend the period within which a claim shall be served upon the Drainage Authority 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 matter contained in subsection (1)) or by any other reasonable cause and that the Government is not materially prejudiced in the conduct of its case or otherwise by the delay. (Amended 61 of 1999 s. 3)
(5) 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.

39. Claims procedure
(1) Any person claiming under section 36 shall serve on the Drainage Authority a claim in writing stating—
(a) the name of the claimant, and his address for service of notices;
(b) a full description of the land to which the claim relates including any covenants, easements, rights or restrictions affecting the land;
(c) the nature of the claimant’s interest in the land including, in the case of a sublessee or subtenant, his landlord’s name and address and details of the sublease or subtenancy;
(d) details of any mortgage, including the principal still owing and the name and address of the mortgagee;
(e) if the claimant has let the land or any part thereof, the name and address of each tenant and details of his lease or tenancy;
(f) particulars of the claim showing—
(i) the amount of the claim;
(ii) under which item of Part II of the Schedule the claim is made; and
(iii) how the amount claimed under each item is calculated.
(2) The Drainage Authority may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim and any item thereof.
(3) If the Drainage Authority and the claimant do not settle the claim or any part thereof by agreement within 7 months of the service of the claim under subsection (1), either party may refer the claim or the part thereof as is still in dispute with particulars thereof to the Lands Tribunal.