### Hong Kong Airport (Control of Obstructions) Ordinance 《香港機場(障礙管制)條例》

23. Time and manner for making claims, and settlement thereof
(1) A claim for compensation under this Ordinance shall be made in writing to the Director of Lands— (Amended L.N. 76 of 1982; L.N. 94 of 1986)
(a) in the case of a diminution in value of an interest in land in consequence of an order made under section 3(1)(a) or (1AA), within 1 year of the date of such order; and (Amended 88 of 1994 s. 7)
(b) in any other case, not later than the expiry of 3 months from—
(i) the completion of any building works carried out in consequence of an order under section 3(1)(c) or of an order under section 9;  (Amended 4 of 1958 s. 8; E.R. 5 of 2020)
(ii) the completion of the provision or erection of any marks, lights or beacons under section 6 or 7; or
(iii)  the completion of any building works required to comply with a notice given under section 10(1): (Amended 4 of 1958 s. 8)

Provided that the Secretary may, in any particular case, extend the period for the making of claims. (Amended 88 of 1994 s. 7)(2) Upon a claim being received the Director of Lands shall forthwith assess, in accordance with the rules under section 24, the amount of any compensation which in his opinion is recoverable by the claimant, and shall thereupon notify the claimant of the amount of compensation, if any, so assessed. (Amended L.N. 76 of 1982; L.N. 94 of 1986)
(3) If the claimant agrees in writing that he accepts such amount in full settlement of his claim, that amount may be paid to the claimant:
Provided that in the case of diminution in value of an interest in land, he shall first satisfy the Director of Lands of his title to the compensation payable. (Amended 8 of 1993 s. 3)
(Amended L.N. 291 of 1993)

### Hong Kong Airport (Control of Obstructions) Ordinance 《香港機場(障礙管制)條例》

25. Disputes to be determined by Lands Tribunal
(1) Where any dispute arises as to—
(a) whether compensation is payable under this Ordinance; (Amended E.R. 5 of 2020)
(b) the amount of any such compensation; or
(c) the person to whom it is payable,
the dispute shall be referred to and determined by the Lands Tribunal.
(2) For the purposes of this section, a dispute shall be deemed to have arisen where a claimant or the Director of Lands, as the case may be, has served notice of intention to refer the dispute to the Lands Tribunal upon all other parties to the dispute, and the party who has served notice as aforesaid shall, within 2 months thereafter, refer the dispute to the Lands Tribunal by notice served upon the registrar of the Lands Tribunal giving particulars of the matter in dispute between the parties, and a copy of the last-mentioned notice shall, within the said period, be served upon all other parties. (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993)
(Amended 62 of 1974 s. 16; 21 of 1977 s. 6)

### Crown Proceedings Ordinance 《官方法律程序條例》

1. Short title
This Ordinance may be cited as the Crown Proceedings Ordinance.

2. Interpretation
(1) Any reference in this Ordinance to the provisions of this Ordinance shall, unless the context otherwise requires, include a reference to rules of court made for the purposes of this Ordinance.
(2) In this Ordinance, except in so far as the context otherwise requires, or it is otherwise expressly provided, the following expressions have the meanings hereby respectively assigned to them, that is to say—
agent (代理人), when used in relation to the Crown, includes an independent contractor employed by the Crown;
civil proceedings (民事法律程序) includes proceedings in the Supreme Court or the District Court for the recovery of fines or penalties, but does not include proceedings of a nature such as in England are taken on the Crown side of the Queen’s Bench Division of Her Majesty’s High Court of Justice;
officer (人員), in relation to the Crown, includes any servant of the Crown;
order (命令) includes a judgment, decree, rule, award or declaration;
prescribed (訂明) means prescribed by rules of court;
proceedings against the Crown (針對官方提出的法律程序) includes a claim by way of set-off or counterclaim raised in proceedings by the Crown;
rules of court (法院規則) means rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of the Supreme Court or the District Court, as the case may be;
ship (船舶) includes every description of vessel used in navigation not propelled by oars;
statutory duty (法定責任) means any duty imposed by or under any Act of Parliament or Ordinance.
(3) Any reference in this Ordinance to Her Majesty in Her private capacity shall be construed as including a reference to Her Majesty in right of Her Duchy of Lancaster.
(4) Any reference in Part IV or V of this Ordinance to civil proceedings by or against the Crown, or to civil proceedings to which the Crown is a party, shall be construed as including a reference to civil proceedings to which the Secretary for Justice, or any Government department, or any officer of the Crown as such, is a party:
Provided that the Crown shall not for the purposes of Parts IV and V of this Ordinance be deemed to be a party to any proceedings by reason only that they are brought by the Secretary for Justice upon the relation of some other person. (Amended L.N. 362 of 1997)
(5) References in this Ordinance to any enactment shall be construed as references to that enactment as amended by or under any enactment, including this Ordinance.
[cf. 1947 c. 44 s. 38 U.K.]

### Crown Proceedings Ordinance 《官方法律程序條例》

3. Right to sue the Crown
Where any person has a claim against the Crown after the commencement* of this Ordinance and, if this Ordinance had not been passed, the claim might have been enforced, subject to the consent of the Governor, under the rules of the Supreme Court, or might have been enforced by the proceedings provided by any statute ceasing to have effect in the Colony by virtue of this Ordinance, or by any enactment repealed by this Ordinance, then, subject to the provisions of this Ordinance, the claim may be enforced as of right, and without the consent of the Governor, by proceedings taken against the Crown for that purpose in accordance with the provisions of this Ordinance.
[cf. 1947 c. 44 s. 1 U.K.] Editorial Note:
* Commencement date: 1 November 1957.