### Lands Resumption Ordinance 《收回土地條例》

6. Compensation
(1) Within a period of 28 days from the date on which land reverts to the Government under section 5, the Authority shall— (Amended 29 of 1998 s. 105)
(a) write to the former owner and to any person having an estate or interest in the land immediately before reversion under an instrument registered in the Land Registry, making an offer of compensation in respect of the resumption of the land; or (Amended 5 of 1984 s. 3; 8 of 1993 s. 2)
(b) serve on any of the persons referred to in paragraph (a) a notice in such form as the Authority may specify, requiring him to submit his claim for compensation within the time stipulated in such notice.
(2) Where a notice is served on a person under subsection (1)(b) he shall submit his claim in a form specified by the Authority and shall furnish to the Authority such accounts, documents and particulars as the Authority may reasonably require in support of such claim.
(2A) Where, in the case of land resumed under an order made under section 3 on or after the commencement* of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984), an offer of compensation is made or a claim for compensation is submitted to or by any person under this section, such offer may provide for the payment by the Authority to that person of, or such claim may include a claim for, any costs or remuneration reasonably incurred or paid by him in employing persons to act in a professional capacity in connection with such offer or claim. (Added 5 of 1984 s. 3)
(3) If—
(a) a person to whom an offer has been made under subsection (1)(a) does not accept the offer within 28 days from the date thereof; or
(b) a person on whom a notice has been served under subsection (1)(b)—
(i) does not submit his claim within the time stipulated therein; or
(ii) submits his claim but he and the Authority do not agree as to the amount of compensation,
such person or the Authority may then refer the matter to the Lands Tribunal for determination of the amount of compensation to be paid. (Amended 5 of 1984 s. 3)
(Replaced 63 of 1974 s. 7) Editorial Note:
* Commencement date: 13 January 1984.

### Lands Resumption Ordinance 《收回土地條例》

7. Power of entry
(1) If a notice has been given under section 4, it is lawful for the Chief Executive or any person authorized by the Chief Executive to enter, without the consent of the owner or occupier, into and upon any land intended to be resumed for the purpose of surveying and taking levels of such land and doing all necessary acts for setting out the line of works. (18 of 1910 s. 6 incorporated. Amended 28 of 1911 s. 6(c); 51 of 1911; 2 of 1912 Schedule; 63 of 1974 s. 8; 3 of 2000 s. 3; 25 of 2023 s. 11)
(2) If any damage is caused by reason of the entry into and upon the land or of any works performed under subsection (1) either the owner or occupier may submit to the Authority a claim for compensation in respect of such damage. (Added 63 of 1974 s. 8)
(3) The Authority may compromise or settle any claim submitted under subsection (2), or failing agreement, either party may refer the matter to the Lands Tribunal for determination of the amount of compensation to be paid. (Added 63 of 1974 s. 8)

### Lands Resumption Ordinance 《收回土地條例》

8. Claims for compensation
(1) Any person claiming compensation by reason of the resumption of any land under this Ordinance, and being a person who has not been offered in writing compensation under section 6(1)(a), or has not been served with a notice under section 6(1)(b), may submit a claim in writing to the Authority stating the nature of his estate or interest in the land and the amount which he seeks to recover.
(2) If any such person and the Authority do not agree as to the amount of compensation (if any) to be paid either party may submit the claim to the Lands Tribunal for determination of the amount of compensation (if any) to be paid.
(3) A person claiming compensation under subsection (1) shall submit his claim to the Authority within a period of 1 year from the date on which the land reverted to the Government under section 5 or within such further period as the Chief Executive may allow in any case. (Amended 5 of 1984 s. 4; 29 of 1998 s. 105; 3 of 2000 s. 3)
(4) A claim submitted by a person under subsection (1), in respect of land resumed under an order made under section 3 on or after the commencement* of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984), may include a claim for any costs or remuneration reasonably incurred or paid by that person in employing persons to act in a professional capacity in connection with such claim. (Added 5 of 1984 s. 4)
(Replaced 63 of 1974 s. 9) Editorial Note:
* Commencement date: 13 January 1984.

9. Barring of actions against the Government
Subject to the provisions of this Ordinance, no action or suit shall lie against the Government or against any other person for any loss or damage suffered by any person as the result of the resumption of any land under this Ordinance.
(Replaced 63 of 1974 s. 10. Amended 3 of 2000 s. 3)

### Lands Resumption Ordinance 《收回土地條例》

10. Determination by Tribunal of compensation payable by Government
(1) The Tribunal shall determine the amount of compensation (if any) payable in respect of a claim submitted to it under section 6(3) or 8(2) on the basis of the loss or damage suffered by the claimant due to the resumption of the land specified in the claim.
(2) The Tribunal shall determine the compensation (if any) payable under subsection (1) on the basis of—
(a) the value of the land resumed and any buildings erected thereon at the date of resumption;
(b) the value of any easement or other right in the land resumed, owned, held or enjoyed by a claimant at the date of resumption;
(c) the amount of loss or damage suffered by any claimant due to the severance of the land resumed or any building erected thereon from any other land of the claimant, or building erected thereon, contiguous or adjacent thereto;
(d) the amount of loss or damage to a business conducted by a claimant at the date of resumption on the land resumed or in any building erected thereon, due to the removal of the business from that land or building as a result of the resumption;
(e) in the case of land resumed under an order made under section 3 on or after the commencement* of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984)—
(i) the amount of any expenses reasonably incurred by him in moving from any premises owned or occupied by him on the land resumed to, or in connection with the acquisition of, alternative land or land and buildings, but excluding any amount to which paragraph (d) applies;
(ii) the amount of any costs or remuneration mentioned in sections 6(2A) and 8(4). (Added 5 of 1984 s. 5)
(Replaced 63 of 1974 s. 10) Editorial Note:
* Commencement date: 13 January 1984.