### Mass Transit Railway (Land Resumption and Related Provisions) Ordinance 《地下鐵路(收回土地及有關規定)條例》

24. 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 Director or the claimant may refer to it under section 21(6) or (7); and
(b) applications provided for by sections 8(2), 19(2) and 33.
(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 25.

25. 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 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 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)

### Mass Transit Railway (Land Resumption and Related Provisions) Ordinance 《地下鐵路(收回土地及有關規定)條例》

26. Interest on compensation
(1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs) from such date and for such period as it thinks fit, at the rate specified in subsection (2) or at such other rate as may be determined by resolution of the Legislative Council. (Amended 76 of 1980 s. 24; 6 of 2001 s. 6)
(2) For the purposes of subsection (1), the rate of interest paid—
(a) in respect of a working day shall be the lowest of the interest rates paid on deposits at 24 hours’ call by note-issuing banks at the close of business on that day; and
(b) in respect of a non-working day shall be the lowest of the interest rates paid on deposits at 24 hours’ call by note-issuing banks at the close of business on the last working day before that day. (Added 6 of 2001 s. 6)
(3) In this section—
non-working day (非工作日) means a day that is not a working day;
note-issuing bank (發鈔銀行) has the meaning assigned to it by section 2 of the Legal Tender Notes Issue Ordinance (Cap. 65);

working day (工作日) means any day other than—
(a) a public holiday; or
(b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1). (Added 6 of 2001 s. 6)

_____________________Editorial Note:
For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see section 13 of 6 of 2001.

27. Compensation payable out of general revenue
All compensation (including interest thereon) and all costs—
(a) agreed to be paid to the claimant by the Director; or
(b) awarded by the Lands Tribunal against the Government,
shall be paid out of the general revenue within 3 months of the agreement or award, unless there is a dispute as to the person entitled to such compensation.
(Amended 62 of 2000 s. 3)

28. Surrender of title documents
The Director may require any claimant to whom compensation is payable for land resumed under this Ordinance to surrender his documents of title to the Director as a condition of payment being made.

### Mass Transit Railway (Land Resumption and Related Provisions) Ordinance 《地下鐵路(收回土地及有關規定)條例》

29. Delegation by the Director of Buildings or the Director of Lands
(1) Subject to subsection (2), the Director of Buildings or the Director of Lands may in writing authorize any public officer either generally or in any particular case to exercise or perform any of the powers, functions and duties conferred or imposed upon him by this Ordinance where the power, function or duty is expressed as being conferred or imposed on the Director but not where it is expressed as being conferred or imposed on the Director of Buildings or the Director of Lands. (Amended L.N. 291 of 1993)
(2) For the purposes of any provision of this Ordinance appearing in the first column of the Second Schedule, the Director of Buildings or the Director of Lands shall not under subsection (1) authorize a public officer below the rank specified opposite thereto in the second column.
(3) The Director of Lands may in writing authorize any person, who is not a public officer, either generally or in any particular case, to exercise any of the powers and functions conferred on him by section 21(4) or 21(6A)(b) if he is satisfied that such person is qualified to exercise such powers and functions. (Added 66 of 1978 s. 6 )
(Amended L.N. 76 of 1982; L.N. 94 of 1986; 80 of 1997 s. 102)

30. Service of documents
Without prejudice to any other provision of this Ordinance, any notice or other document required or authorized to be given to or served on any person for the purposes of this Ordinance or any proceedings thereunder before the Lands Tribunal may be personally given to or served on that person or may be sent to him by registered post.

31. Certain statements to be conclusive evidence
Where it is stated—
(a) in any order under section 4(1), 6(1) or 10(1) respectively that—
(i) the resumption of land;
(ii) the creation of an easement or right; or (Amended 60 of 1983 s. 6)
(iii) the closure, alteration or work,
is ordered or authorized for the purposes of or incidental to the railway or the construction, operation, maintenance or improvement thereof; or
(b) in a notice under section 12, 13, or 14 that the entry or the work therein described or required to be carried out is, in the opinion of the Director, necessary or required for the construction, operation, maintenance or improvement of the railway,
then such statement shall be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact so stated.