### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

23. Resumption of land on application
(1) Where any land is resumed under section 13 (other than on application under this section) (resumed land

24. Obstruction
Any person who wilfully obstructs any person lawfully exercising or performing any power, duty or function arising under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 1 year.
(Amended E.R. 1 of 2021)

25. No right to compel or restrain
No person shall have any right against the Government or any other person to restrain or compel anything authorized under this Ordinance.
(Amended 25 of 2023 s. 90)

26. 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— (Amended 25 of 2023 s. 90)
(a) in respect of any use authorized under this Ordinance; or
(b) in respect of any works or anything else authorized under this Ordinance except to the extent of the rights to compensation provided for in section 27.

27. Compensation
(1) The compensation referred to in section 26 is the right to recover from the Government for the matters set out in the first column of Part II of the Schedule a sum assessed on the basis specified opposite thereto in the second column thereof and with regard to the provisions of Part I of the Schedule, subject to— (Amended 25 of 2023 s. 90)
(a) the claim being served on the Secretary within the appropriate period specified in the fourth column of Part II of the Schedule; and
(b) the other provisions of this Ordinance.
(2) Every person who is described in the third column of Part II of the Schedule shall have the right to recover compensation for the matters set out opposite thereto in the first column to the extent suffered or incurred by him as assessed under this Ordinance.
(3) The rights to compensation mentioned in the Schedule shall exist in addition to any benefit accruing to a claimant as a result of the implementation of any subsisting conditions imposed by the Chief Executive in Council under section 11(2). (Amended 25 of 2023 s. 92)

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

28. Claims out of time
(1) Subject to subsections (2) and (6), if a claim or an amendment thereto is not served on the Secretary before the expiration of the period specified in the fourth column of Part II of the Schedule in respect of that matter, the right to claim compensation therefor shall be barred. (Amended 81 of 1988 s. 5)
(2) The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or after the expiry of that period, be extended in accordance with this section.
(3) Notice of an application under subsection (2) shall be given to the Secretary by the applicant.
(4) The Lands Tribunal may extend the period within which a claim must be served upon the Secretary 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 relevant provision in the fourth column of Part II of the Schedule) or by any other reasonable cause or that the Government is not materially prejudiced in the conduct of its case or otherwise by the delay. (Amended 25 of 2023 s. 90)
(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.
(6) Without prejudice to subsections (2) to (5), where an order has been made under section 13(1), 15(1) or 17(1) and notice of the order has not been served in accordance with section 14(1)(a), 16(1)(a) or 18(1)(a) respectively, the Secretary may, if satisfied that the claimant has not had actual notice of the order, accept service of a claim after the period specified in the fourth column of Part II of the Schedule for such service, and if he does so, the claim shall be deemed to have been served within that period. (Added 81 of 1988 s. 5)

### Roads (Works, Use and Compensation) Ordinance 《道路(工程、使用及補償)條例》

30. Settlement after reference to Lands Tribunal
(1) At any time after proceedings have been commenced in the Lands Tribunal but before compensation is finally assessed the Secretary may make an offer in writing of the kind described in section 29(6)(a) or the claimant may by notice to the Secretary state a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of his claim or any rejected part thereof.
(2) Where an offer made by the Secretary pursuant to section 29(6)(a) or by the Secretary or the claimant pursuant to subsection (1) is not accepted by the other party, no part of the contents thereof which relates to any part of a claim before the Lands Tribunal shall be disclosed to that Tribunal until the amount of compensation for that part is assessed by it; but a copy of the offer enclosed in a sealed envelope may be lodged with the registrar of the Lands Tribunal and opened by it after it has made its assessment. (Amended L.N. 446 of 1994)
(3) Where the Secretary has made any offer under section 29(6)(a) or subsection (1), including costs as agreed or taxed, which is not accepted by the claimant and the compensation assessed by the Lands Tribunal does not exceed the amount of compensation comprised in the offer, the Lands Tribunal shall, unless for special reason it thinks it proper not to do so, order the claimant to bear his own costs and to pay the costs of the Secretary in so far as the costs are incurred after the making of the offer.
(4) Where the claimant states a sum which he is willing to accept under subsection (1) which is not paid by the Secretary and the compensation assessed by the Lands Tribunal is not less than that sum, the Lands Tribunal shall, unless for special reason it thinks it proper not to do so, order the Secretary to bear his own costs and to pay the costs of the claimant.