Cap. 124

To facilitate the resumption of Government lands required for public purposes. (Amended 50 of 1911; 1 of 1912 Schedule; 29 of 1998 s. 31) [14 November 1900](Format changes—E.R. 3 of 2018) Part 1 Preliminary (Added 25 of 2023 s. 3) 1. Short title This Ordinance may be cited as the Lands Resumption Ordinance.(Amended 5 of 1924 s. 6; 29 of 1998 s. 32) 2. Interpretation (1) In this Ordinance, unless the context otherwise requires— (Amended 25 of 2023 s. 4)amendment notice (修訂公告) means a notice published under section 2C(1); (Added 25 of 2023 s. 4)approved land use (核准土地用途), in relation to any land, means a particular use of the land shown or provided for in a Cap. 131 plan where the Cap. 131 plan has been approved by the Chief Executive in Council under Cap. 131 and the approval covers that particular use of the land; (Added 25 of 2023 s. 4) Authority (主管當局) means— (a) in relation to land to which Part II of the New Territories Ordinance (Cap. 97) does not apply, the Director of Lands; and (Amended L.N. 107 of 1978; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) (b) in relation to land to which Part II of the New Territories Ordinance (Cap. 97) applies, the Director of Lands; (Added 63 of 1974 s. 2. Amended L.N. 370 of 1981; L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993) Cap. 131 (《第131章》) means the Town Planning Ordinance (Cap. 131); (Added 25 of 2023 s. 4)Cap. 131 plan (《第131章》圖則)—(a) means a draft plan prepared under Cap. 131 or an approved plan or partly approved plan under Cap. 131; and(b) includes a part of such a plan, and an amendment made or proposed amendment proposed to such a plan (or a part of it) under Cap. 131; (Added 25 of 2023 s. 4)former owner (前業主) means, in relation to land resumed by the Government, the person who was the owner of the land immediately before the land reverted to the Government under section 5; (Added 63 of 1974 s. 2. Amended 29 of 1998 s. 105)land (土地) means Government land of whatever description (whether held under Government lease or other title recognized by the Government), or any part or section thereof in Hong Kong and the New Territories, and includes buildings erected thereon; (Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 29 of 1998 s. 105)land use pending approval (待准土地用途), in relation to any land, means a particular use of the land that—(a) is shown or provided for in a Cap. 131 plan; and(b) is not the approved land use of the land; (Added 25 of 2023 s. 4)notice of proposed resumption (建議收地公告) means a notice published under section 2A(1); (Added 25 of 2023 s. 4)owner (業主) means the person registered or entitled to be registered in the Land Registry in respect of any land sought to be resumed, or, if such person is absent from Hong Kong, or cannot be found, or is bankrupt or dead, his agent or representative in Hong Kong; (Amended 50 of 1911 s. 4; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 21 of 1912 s. 2; 8 of 1993 s. 2; 3 of 2000 s. 3)proposal for land resumption (收回土地建議) means a proposal for the resumption of any land—(a) as stated in a notice of proposed resumption; and(b) (if applicable) as amended by an amendment notice; (Added 25 of 2023 s. 4)reference interest rate (參考利率) means the 1-month Hong Kong Dollar Interest Settlement Rate published by The Hong Kong Association of Banks by the close of business on a day; (Added 25 of 2023 s. 4)Secretary (局長) means the Secretary for Development. (Added 25 of 2023 s. 4)(Amended 50 of 1911 s. 4; 25 of 2023 s. 4)(2) In this Ordinance, a reference to resumption of any land for a public purpose includes—(a) resumption of insanitary property for the purpose of securing the erection of improved dwellings or buildings on the property or the sanitary improvement of the property;(b) resumption of any land on which any building is erected which, by reason of its proximity to or contact with another building, seriously interferes with ventilation or otherwise makes or conduces to make that other building to be in a condition unfit for human habitation or dangerous or injurious to health;(c) resumption of any land for any purpose connected with the Hong Kong Garrison;(d) resumption of any land for the purposes of, or incidental to, any works, or any use, as defined by section 2(1) of the Roads (Works, Use and Compensation) Ordinance (Cap. 370), proposed or to be proposed under that Ordinance;(e) resumption of any land for the purposes of, or incidental to, any works proposed or to be proposed under the Roads (Works, Use and Compensation) Ordinance (Cap. 370) as applied by section 26 of the Water Pollution Control (Sewerage) Regulation (Cap. 358 sub. leg. AL);(f) resumption of any land for the purposes of, or incidental to, any scheme, as defined by section 2 of the Railways Ordinance (Cap. 519), proposed or to be proposed under that Ordinance; and(g) resumption of any land for any purpose (of whatever description, and whether or not of the same kind as a purpose described in another paragraph of this subsection) decided by the Chief Executive in Council to be a public purpose. (Added 25 of 2023 s. 4) Part 2 Proposal for Land Resumption (Part 2 added 25 of 2023 s. 5) 2A. Notice of proposed resumption (1) If the Authority proposes that any land is to be resumed for a public purpose, the Authority must publish a notice of the proposal in the Gazette.(2) The notice of proposed resumption must—(a) describe the public purpose for which the land is proposed to be resumed;(b) describe the land proposed to be resumed;(c) refer to a plan that shows the land proposed to be resumed in a manner sufficient to identify the land (relevant plan); and(d) state how the public may inspect a copy of the relevant plan.(3) The Authority must—(a) deposit a copy of the notice of proposed resumption and of the relevant plan in the Land Registry;(b) publish a copy of the notice of proposed resumption and of the relevant plan on the website of the Authority;(c) make a copy of the notice of proposed resumption and of the relevant plan available for inspection by the public free of charge at the time and place as the Authority reasonably directs;(d) publish a copy of the notice of proposed resumption in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and(e) affix a copy of the notice of proposed resumption in a conspicuous place on or near the land proposed to be resumed.(4) If—(a) a Cap. 131 plan that shows or makes provision for a land use pending approval in relation to any land is exhibited or made available for public inspection under any provision (other than section 9D or 11) of Cap. 131; and(b) the land use pending approval is the public purpose for which the Authority proposes to resume the land,the Authority may publish a notice of proposed resumption in respect of the land on or after the date on which the Cap. 131 plan begins to be so exhibited or made available. 2B. Objections relating to notice of proposed resumption (1) Within 60 days after a notice of proposed resumption is published, the following person may object to the proposal for the resumption of the land stated in the notice by delivering an objection in writing to the Authority—(a) an owner or occupier of that land; or(b) a person having any right in relation to that land.(2) An objection made by a person (objector) must—(a) sufficiently identify the objector as a person falling within subsection (1); and(b) describe the manner in which the objector alleges the objector will be affected by the proposal.(3) An objection that is not made by a person falling within subsection (1), or that does not comply with subsection (2), is invalid and treated as not having been made for the purposes of section 2G. 2C. Amendment notice (1) The Authority may, by notice published in the Gazette, amend a proposal for land resumption before the proposal is submitted to the Chief Executive in Council under section 2G.(2) The amendment notice must—(a) describe the amendment to the proposal for land resumption;(b) refer to a plan that shows the amendment (relevant plan); and(c) state how the public may inspect a copy of the relevant plan.(3) The Authority must—(a) deposit a copy of the amendment notice and of the relevant plan in the Land Registry;(b) publish a copy of the amendment notice and of the relevant plan on the website of the Authority;(c) make a copy of the amendment notice and of the relevant plan available for inspection by the public free of charge at the time and place as the Authority reasonably directs;(d) publish a copy of the amendment notice in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and(e) affix a copy of the amendment notice in a conspicuous place on or near the land affected by the amendment.(4) If—(a) a Cap. 131 plan that shows or makes provision for a land use pending approval in relation to any land is exhibited or made available for public inspection under any provision (other than section 9D or 11) of Cap. 131; and(b) an amendment to be made by an amendment notice under subsection (1) relates to the land use pending approval,the Authority may publish the amendment notice on or after the date on which the Cap. 131 plan begins to be so exhibited or made available. 2D. Objections relating to amendment notice (1) Within 60 days after an amendment notice is published, the following person may object to the amendment made by the notice by delivering an objection in writing to the Authority—(a) an owner or occupier of the land affected by the amendment; or(b) a person having any right in relation to that land.(2) An objection made by a person (objector) must—(a) sufficiently identify the objector as a person falling within subsection (1); and(b) describe the manner in which the objector alleges the objector will be affected by the amendment.(3) An objection that is not made by a person falling within subsection (1), or that does not comply with subsection (2), is invalid and treated as not having been made for the purposes of section 2G. 2E. Supplementary provisions relating to objections (1) This section applies if a person (objector) makes an objection under section 2B or 2D (objection).(2) An objection made on a ground relating to any compensation (whether monetary or non-monetary) or any financial or other assistance (compensation or assistance) in connection with the proposal for land resumption is, to the extent that it is made on that ground, invalid and treated as not having been made for the purposes of section 2G.(3) In subsection (2), the reference to a ground relating to any compensation or assistance includes—(a) a ground relating to whether any compensation or assistance is to be provided, whether or not under an enactment; and(b) a ground relating to the amount, extent or form of the compensation or assistance, or the time for its provision.(4) If the Authority gives any written reply to an objection, the objector may give a response to the reply (including any comment on, or any request in connection with, the reply) within the period of 14 days after the day on which the reply is given.(5) For subsection (4), the mere notification by the Authority that the objection is treated as unwithdrawn and will be submitted to the Chief Executive in Council does not constitute a reply.(6) A response that is given after the 14-day period mentioned in subsection (4) is treated as not having been given.(7) An objector may, by writing to the Authority—(a) amend an objection made by the objector within the relevant period for making objections; or(b) withdraw the objection in whole or in part before the proposal for land resumption is submitted under section 2G.(8) An objection (or a part of an objection) that has been withdrawn is treated as not having been made for the purposes of section 2G.(9) An objection, an amendment or withdrawal of an objection, or a response (referred to in subsection (4)) may be given to the Authority by—(a) delivering it to an officer who is authorized by the Authority to receive it on the Authority’s behalf;(b) sending it by ordinary or registered post;(c) sending it by electronic mail transmission to an electronic mail address specified by the Authority; or(d) sending it by fax transmission to a fax number specified by the Authority.(10) A reply (referred to in subsection (4)) may be given to the objector by—(a) delivering it to the objector personally;(b) leaving it at the objector’s last known address;(c) sending it by ordinary or registered post addressed to the objector at the objector’s last known address;(d) sending it by electronic mail transmission to the objector’s last known electronic mail address; or(e) sending it by fax transmission to the objector’s last known fax number. 2F. Decision not to proceed with proposal for land resumption (1) Before a proposal for land resumption is submitted to the Chief Executive in Council under section 2G, if the Authority decides not to proceed with the proposal, the Authority must publish a notice of the decision in the Gazette.(2) The Authority must—(a) deposit a copy of the notice in the Land Registry;(b) publish a copy of the notice on the website of the Authority;(c) publish a copy of the notice in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and(d) affix a copy of the notice in a conspicuous place on or near the land originally proposed to be resumed under the proposal for land resumption.(3) A decision under subsection (1) does not affect anything lawfully done under this Ordinance before the decision is made. 2G. Submission of proposal for land resumption to Chief Executive in Council (1) The Authority must, before the expiry of the period determined in accordance with subsections (2) and (3), submit to the Chief Executive in Council for consideration—(a) the proposal for land resumption;(b) any objection made under section 2B within the period for making objections under that section; and(c) if an amendment notice is published in relation to the proposal—any objection made under section 2D within the period for making objections under that section.(2) Except as extended under subsection (3), the period mentioned in subsection (1) is—(a) unless paragraph (b) applies—5 months after the date of expiry of the time for making objections under section 2B; or(b) if one or more amendment notices are published in relation to the proposal for land resumption—whichever of the following periods that ends later—(i) the period mentioned in paragraph (a);(ii) 3 months after the date of expiry of the time for making objections under section 2D in respect of the amendment notice (or the last of the amendment notices).(3) The Secretary may, on application by the Authority—(a) extend the period mentioned in subsection (2) for 2 months if the Secretary considers it appropriate to do so in a particular case; and(b) further extend the period on not more than 2 occasions and for 2 months for each extension if the Secretary is satisfied that exceptional circumstances exist in a particular case.(4) Despite subsections (1), (2) and (3), if—(a) the notice of proposed resumption is published in the circumstances described in section 2A(4); or(b) an amendment notice in respect of the proposal for land resumption is published in the circumstances described in section 2C(4),the submission to the Chief Executive in Council under subsection (1) may not be made before a submission of the relevant Cap. 131 plan covering the land use pending approval referred to in section 2A(4) or 2C(4) (as the case may be) (Cap. 131 submission) is made to the Chief Executive in Council for approval under Cap. 131.(5) If subsection (4) applies, the submission to the Chief Executive in Council under subsection (1) must be made within a reasonable time after the making of the Cap. 131 submission. Part 3 Resumption of Land for Public Purpose (Added 25 of 2023 s. 6) 3. Authorization of and order for resumption of land (1) The Chief Executive in Council, after considering a proposal for land resumption and any objection submitted under section 2G, may—(a) authorize the resumption of the land for a public purpose —(i) with or without any modification to the proposal; and(ii) subject to any condition that the Chief Executive in Council considers appropriate; or(b) decline to authorize the resumption of the land.(2) The Chief Executive in Council may reconsider a proposal for land resumption and—(a) authorize the resumption of the land for a public purpose which the Chief Executive in Council has previously declined to authorize under subsection (1)(b); or(b) remove or amend any modification or condition referred to in subsection (1)(a) in relation to an authorization previously made under that subsection.(3) If the Chief Executive in Council authorizes the resumption of any land under subsection (1) or (2), the Chief Executive may order the resumption of the land in accordance with the authorization.(4) Despite subsections (1) and (2), if—(a) the notice of proposed resumption is published in the circumstances described in section 2A(4); or(b) an amendment notice in respect of the proposal for land resumption is published in the circumstances described in section 2C(4),the Chief Executive in Council may make an authorization under subsection (1) or (2) only if the Chief Executive in Council has approved the relevant Cap. 131 plan under Cap. 131 and the approval covers the land use pending approval referred to in section 2A(4) or 2C(4) (as the case may be).(5) If the Chief Executive in Council declines to authorize the resumption of the land under subsection (1)(b), the Authority must—(a) publish a notice of that fact in the Gazette;(b) deposit a copy of the notice in the Land Registry;(c) publish a copy of the notice on the website of the Authority;(d) publish a copy of the notice in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and(e) affix a copy of the notice in a conspicuous place on or near the land.(Replaced 25 of 2023 s. 7) 4. Notices (1) Where resumption is ordered a notice that the land is required for a public purpose and will be resumed shall be published in the Gazette in English and Chinese. (Amended 63 of 1974 s. 4) (2) A copy of such notice shall be served on the owner, if he can be found, and a further notice shall be affixed upon a conspicuous part of the land to be resumed or, where the land is divided into lots, sections or subsections, if practicable, upon each lot, section or subsection affected. (3) The notice affixed to the land shall state the date on which it has been so affixed. It shall also state that the land will be resumed on the expiration of 1 month from such date, unless the Chief Executive shall have authorized the giving of a longer period of notice, in which case the longer period shall be stated. (Amended 3 of 2000 s. 3) (3A) Also, the Authority must—(a) publish a copy of the notice on the website of the Authority;(b) publish a copy of the notice in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and(c) make a copy of the notice available for inspection by the public free of charge at the time and place as the Authority reasonably directs. (Added 25 of 2023 s. 8)(4) A notice published and served or affixed under this section shall be deemed to be notice to the owner of the land and every person interested in the land or having any right or easement therein. (Replaced 27 of 1930 s. 2) 4A. Purchase by agreement Where an order has been made for the resumption of any land under section 3, the Authority may, before the land reverts to the Government under section 5, agree with the owner and any person having an estate or an interest in such land under an instrument registered in the Land Registry on the purchase of the land and of any such estate or interest therein, and any such agreement relating to land in respect of which an order under section 3 is made on or after the commencement* of the Crown Lands Resumption (Amendment) Ordinance 1984 (5 of 1984) may provide for the payment by the Authority to the owner or such person of any costs or remuneration reasonably incurred or paid by him in employing persons to act in a professional capacity in connection with the purchase.(Added 63 of 1974 s. 5. Amended 5 of 1984 s. 2; 8 of 1993 s. 2; 29 of 1998 s. 33) Editorial Note: * Commencement date: 13 January 1984. 5. Reversion of ownership to the Government On the expiration of 1 month, or any longer period authorized under section 4(3), the land other than any land purchased by agreement under section 4A shall—(a) where it is an undivided share in land, vest in The Financial Secretary Incorporated together with such rights to the use and occupation of any building or part thereof as may be appurtenant to the ownership of that share; and(b) in all other cases, revert to the Government, (Amended 29 of 1998 s. 105)and all the rights of the owner, his assigns or representatives and of any other person in or over the land or any part thereof shall absolutely cease.(Replaced 71 of 1987 s. 20) Part 4 Adjustment to Land Boundary after Authorization (Part 4 added 25 of 2023 s. 9) 5A. Interpretation of Part 4 In this Part—notice of proposed adjustment (建議調整公告) means a notice published under section 5B(1);proposed adjustment (建議調整) means a proposal for adjusting the boundary of the subject land as stated in a notice of proposed adjustment;subject land (所涉土地) means the land described in section 5B(1)(a) or (b) the boundary of which is proposed to be adjusted. 5B. Notice of proposed adjustment (1) Subject to subsection (2), after an authorization is made under section 3(1) or (2) (authorization), the Authority may, by notice published in the Gazette, propose either or both of the following—(a) that the boundary of the land authorized to be resumed under the authorization is to be adjusted;(b) that the boundary of the land ordered to be resumed under an order made under section 3(3) in accordance with the authorization is to be adjusted.(2) The proposed adjustment must not affect any part of the subject land—(a) in respect of which a notice has been published, served or affixed under section 4; or(b) that has reverted to the Government under section 5.(3) The notice of proposed adjustment must—(a) describe the proposed adjustment;(b) refer to a plan that shows the proposed adjustment (relevant plan); and(c) state how the public may inspect a copy of the relevant plan.(4) The Authority must—(a) deposit a copy of the notice of proposed adjustment and of the relevant plan in the Land Registry;(b) publish a copy of the notice of proposed adjustment and of the relevant plan on the website of the Authority;(c) make a copy of the notice of proposed adjustment and of the relevant plan available for inspection by the public free of charge at the time and place as the Authority reasonably directs;(d) publish a copy of the notice of proposed adjustment in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and(e) affix a copy of the notice of proposed adjustment in a conspicuous place on or near the land affected by the proposed adjustment.(5) If—(a) a Cap. 131 plan that shows or makes provision for a land use pending approval in relation to any land is exhibited or made available for public inspection under any provision (other than section 9D or 11) of Cap. 131; and(b) the proposed adjustment to be described in a notice of proposed adjustment relates to the land use pending approval,the Authority may publish the notice of proposed adjustment on or after the date on which the Cap. 131 plan begins to be so exhibited or made available. 5C. Objections to proposed adjustment (1) Within 60 days after a notice of proposed adjustment is published, the following person may object to the proposed adjustment by delivering an objection in writing to the Authority—(a) an owner or occupier of the land affected by the proposed adjustment; or(b) a person having any right in relation to that land.(2) An objection made by a person (objector) must—(a) sufficiently identify the objector as a person falling within subsection (1); and(b) describe the manner in which the objector alleges the objector will be affected by the proposed adjustment.(3) An objection that is not made by a person falling within subsection (1), or that does not comply with subsection (2), is invalid and treated as not having been made for the purposes of sections 5F and 5G.(4) An objection made on a ground relating to any compensation (whether monetary or non-monetary) or any financial or other assistance (compensation or assistance) in connection with the proposed adjustment is, to the extent that it is made on that ground, invalid and treated as not having been made for the purposes of sections 5F and 5G.(5) In subsection (4), the reference to a ground relating to any compensation or assistance includes—(a) a ground relating to whether any compensation or assistance is to be provided, whether or not under an enactment; and(b) a ground relating to the amount, extent or form of the compensation or assistance, or the time for its provision. 5D. Supplementary provisions to section 5C (1) If the Authority gives any written reply to an objection made under section 5C, the person making the objection (objector) may give a response to the reply (including any comment on, or any request in connection with, the reply) within the period of 14 days after the day on which the reply is given.(2) For subsection (1), the mere notification by the Authority that the objection is treated as unwithdrawn and will be submitted to the Chief Executive in Council does not constitute a reply.(3) A response that is given after the 14-day period mentioned in subsection (1) is treated as not having been given.(4) An objector may, by writing to the Authority—(a) amend an objection made by the objector within the period for making objections; or(b) withdraw the objection in whole or in part before the proposed adjustment is submitted under section 5G.(5) An objection (or a part of an objection) that has been withdrawn is treated as not having been made for the purposes of sections 5F and 5G.(6) An objection, an amendment or withdrawal of an objection, or a response (referred to in subsection (1)) may be given to the Authority by—(a) delivering it to an officer who is authorized by the Authority to receive it on the Authority’s behalf;(b) sending it by ordinary or registered post;(c) sending it by electronic mail transmission to an electronic mail address specified by the Authority; or(d) sending it by fax transmission to a fax number specified by the Authority.(7) A reply (referred to in subsection (1)) may be given to the objector by—(a) delivering it to the objector personally;(b) leaving it at the objector’s last known address;(c) sending it by ordinary or registered post addressed to the objector at the objector’s last known address;(d) sending it by electronic mail transmission to the objector’s last known electronic mail address; or(e) sending it by fax transmission to the objector’s last known fax number. 5E. Decision not to proceed with proposed adjustment (1) Before a proposed adjustment is authorized by the Secretary under section 5F or submitted to the Chief Executive in Council under section 5G, if the Authority decides not to proceed with the proposed adjustment, the Authority must publish a notice of the decision in the Gazette.(2) The Authority must—(a) deposit a copy of the notice in the Land Registry;(b) publish a copy of the notice on the website of the Authority;(c) publish a copy of the notice in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and(d) affix a copy of the notice in a conspicuous place on or near the land affected by the proposed adjustment.(3) A decision under subsection (1) does not affect anything lawfully done under this Ordinance before the decision is made. 5F. Authorization of adjustment to land boundary if no objection made (1) If no objection has been made to a proposed adjustment within the period for making objections under section 5C(1), the Secretary may authorize the adjustment to the boundary of the subject land in accordance with the proposed adjustment.(2) Despite subsection (1), if the notice of proposed adjustment is published in the circumstances described in section 5B(5), the Secretary may make an authorization under that subsection only if the Chief Executive in Council has approved the relevant Cap. 131 plan under Cap. 131 and the approval covers the land use pending approval referred to in that section.(3) If the Secretary declines to authorize, under subsection (1), the adjustment to the boundary of the subject land, the Authority must—(a) publish a notice of that fact in the Gazette;(b) deposit a copy of the notice in the Land Registry;(c) publish a copy of the notice on the website of the Authority;(d) publish a copy of the notice in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and(e) affix a copy of the notice in a conspicuous place on or near the land affected by the proposed adjustment. 5G. Authorization of adjustment to land boundary if objection made (1) If an objection has been made to a proposed adjustment within the period for making objections under section 5C(1) (objection period), the Authority must, within 3 months (submission period) after the end of the objection period, submit the proposed adjustment and every objection so made to the Chief Executive in Council for consideration.(2) The Secretary may, on application by the Authority—(a) extend the submission period for 2 months if the Secretary considers it appropriate to do so in a particular case; and(b) further extend the period on not more than 2 occasions and for 2 months for each extension if the Secretary is satisfied that exceptional circumstances exist in a particular case.(3) Despite subsections (1) and (2), if the notice of proposed adjustment is published in the circumstances described in section 5B(5), the submission to the Chief Executive in Council under subsection (1) may not be made before a submission of the relevant Cap. 131 plan covering the land use pending approval referred to in that section (Cap. 131 submission) is made to the Chief Executive in Council for approval under Cap. 131.(4) If subsection (3) applies, the submission to the Chief Executive in Council under subsection (1) must be made within a reasonable time after the making of the Cap. 131 submission.(5) The Chief Executive in Council, after considering the proposed adjustment and the objections submitted under subsection (1), may—(a) authorize the adjustment to the boundary of the subject land—(i) with or without any modification to the proposed adjustment; and(ii) subject to any condition that the Chief Executive in Council considers appropriate; or(b) decline to authorize the adjustment to the boundary of the subject land.(6) The Chief Executive in Council may reconsider a proposed adjustment and—(a) authorize the adjustment to the boundary of the subject land which the Chief Executive in Council has previously declined to authorize under subsection (5)(b); or(b) remove or amend any modification or condition referred to in subsection (5)(a) in relation to an authorization previously made under that subsection.(7) Despite subsections (5) and (6), if the notice of proposed adjustment is published in the circumstances described in section 5B(5), the Chief Executive in Council may make an authorization under subsection (5) or (6) only if the Chief Executive in Council has approved the relevant Cap. 131 plan under Cap. 131 and the approval covers the land use pending approval referred to in that section.(8) If the Chief Executive in Council declines to authorize the adjustment under subsection (5)(b), the Authority must—(a) publish a notice of that fact in the Gazette;(b) deposit a copy of the notice in the Land Registry;(c) publish a copy of the notice on the website of the Authority;(d) publish a copy of the notice in 1 issue of an English newspaper and 1 issue of a Chinese newspaper; and(e) affix a copy of the notice in a conspicuous place on or near the land affected by the proposed adjustment. 5H. Effect of authorization of adjustment to land boundary (1) If an adjustment to the boundary of the subject land is authorized under section 5F(1) or 5G(5) or (6), then either or both of the following (as may be appropriate) are taken to be varied to the extent of the adjustment so authorized—(a) the authorization made under section 3(1) or (2) (relevant authorization);(b) the order made under section 3(3) (relevant order),and a reference to the relevant authorization or the relevant order in this Ordinance or any other Ordinance is a reference to the relevant authorization or the relevant order as so varied.(2) If any land is authorized to be resumed under the relevant authorization because of the variation, an order may be made under section 3(3) in relation to the land.(3) If any land is ordered to be resumed under the relevant order because of the variation, section 4 applies in relation to the land.(4) A variation under subsection (1) does not affect—(a) a notice published, served or affixed under section 4 before the variation;(b) the reversion of any land to the Government under section 5 before the variation;(c) anything lawfully done under this Ordinance before the variation; or(d) any right (including right to compensation) accrued under this Ordinance before the variation. Part 5 Claim for and Assessment of Compensation (Added 25 of 2023 s. 10) 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. 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) 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) 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. 11. Principles of assessment of compensation (1) When any property is resumed, the Lands Tribunal in determining the compensation to be paid and in estimating the value of the land resumed and of any buildings thereon, may — (Amended 28 of 1911 s. 6(i); 50 of 1911; 1 of 1912 Schedule)(a) take into consideration the nature and existing condition of the property, and the probable duration of the buildings in their existing state, and the state of repair thereof; and(b) decline to make any compensation for any addition to or improvement of the property made after the date of the publication in the Gazette of the notice under section 4(1) (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair): (Amended 27 of 1937 Schedule; 25 of 2023 s. 12) Provided that, in the case of any interest acquired after the date of such publication, no separate estimate of the value of the interest is to be made so as to increase the amount of compensation. (Amended 25 of 2023 s. 12)(2) The Lands Tribunal may also receive evidence to prove — (Amended 28 of 1911 s. 6 (i))(a) that the rental of the buildings or premises was enhanced by reason of the same being used as a brothel, or as a gaming house, or for any illegal purpose; or(b) that the buildings or premises are in such a condition as to be a nuisance within the meaning of any Ordinance relating to buildings or to public health, or are not in reasonably good repair; or (Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 20 of 1948 s. 4)(c) that the buildings or premises are unfit, and not reasonably capable of being made fit, for human habitation. (Amended 51 of 1911; 2 of 1912 Schedule)(3) If the Lands Tribunal is satisfied by such evidence, then the compensation—(a) shall, in the first case, so far as it is based on rental, be based on the rental which would have been obtainable if the building or premises had not been occupied as a brothel, or as a gaming house, or for an illegal purpose; and (Amended 51 of 1911; 2 of 1912 Schedule)(b) shall, in the second case, be the amount estimated as the value of the building or premises if the nuisance had been abated or if they had been put into reasonably good repair, after deducting the estimated expense of abating the nuisance or putting them into such repair, as the case may be; and (Amended 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule)(c) shall, in the third case, be the value of the land and of the materials of the buildings thereon.(Amended 28 of 1911 s. 6(d); 14 of 1921 s. 7; 63 of 1974 s. 11) 12. Additional rules for determining compensation In the determination of the compensation to be paid under this Ordinance— (Amended 5 of 1924 s. 30)(a) no allowance shall be made on account of the resumption being compulsory;(aa) no account shall be taken of the fact that the land lies within or is affected by any area, zone or district reserved or set apart for the purposes specified in section 4(1)(a), (c), (d), (e), (f), (g), (h) or (i) of Cap. 131; (Added 32 of 1973 s. 2. Amended 2 of 1988 s. 8(2); 4 of 1991 s. 9; 25 of 2023 s. 13)(b) no compensation shall be given in respect of any use of the land which is not in accordance with the terms of the Government lease under which the land is held; (Amended 29 of 1998 s. 105)(c) no compensation shall be given in respect of any expectancy or probability of the grant or renewal or continuance, by the Government or by any person, of any licence, permission, lease or permit whatsoever: (Amended 29 of 1998 s. 105) Provided that this paragraph shall not apply to any case in which the grant or renewal or continuance of any licence, permission, lease or permit could have been enforced as of right if the land in question had not been resumed; and (d) subject to the provisions of section 11 and to the provisions of paragraphs (aa), (b) and (c) of this section, the value of the land resumed shall be taken to be the amount which the land if sold by a willing seller in the open market might be expected to realize. (Amended 5 of 1924 s. 30; 32 of 1973 s. 2; 5 of 1984 s. 6)(Replaced 9 of 1922 s. 2)[cf. 1919 c. 57 s. 2 (1) & (2) U.K.] 13. (Repealed 63 of 1974 s. 12) 14. (Repealed 63 of 1974 s. 12) 15. (Repealed 63 of 1974 s. 12) Part 6 Disposal and Use of Land Resumed (Added 25 of 2023 s. 14) 16. Power to demise or grant land resumed Any land resumed under the provisions of this Ordinance may be demised and granted by the Chief Executive on such terms and conditions and at such price, whether by way of rent, premium or otherwise, and either by public auction or private contract, as the Chief Executive may determine. (Amended 28 of 1911 s. 6(d); 3 of 2000 s. 3) 16AA. Use of land resumed If any land has been resumed pursuant to an authorization of the resumption of the land for a public purpose made under section 3(1) or (2), the Government may use, or allow the use of, the land for any other purpose for a certain period of time before the land is used for that public purpose.(Added 25 of 2023 s. 15) Part 7 Payment of Compensation and Interest (Added 25 of 2023 s. 16) 16A. Provisional payment pending determination of compensation (1) 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), any offer of compensation made by the Authority to any person under this Ordinance in respect of any claim is not accepted, the Authority may, pending the determination by the Lands Tribunal of the compensation, if any, payable in respect of such claim under this Ordinance, pay—(a) an amount as a provisional payment of the amount payable by virtue of such determination; and(b) interest on any payment made under paragraph (a), for the period from the date on which the land reverts to the Government under section 5, until the date on which the payment is made, calculated on a daily basis according to subsection (1A). (Amended 62 of 1985 s. 2; 29 of 1998 s. 105; 6 of 2001 s. 2)(1A) For the purposes of subsection (1)(b), the rate of interest paid— (Added 6 of 2001 s. 2)(a) in respect of a day on which the reference interest rate is published (publication day)—is the reference interest rate; and (Replaced 25 of 2023 s. 17)(b) in respect of a day other than a publication day—is the reference interest rate published on the last publication day before that day. (Replaced 25 of 2023 s. 17)(2) Any payment made by the Authority under subsection (1) in respect of any claim shall be without prejudice to the claim or the submission thereof to, or the determination thereof by, the Lands Tribunal under this Ordinance; but the amount of compensation payable by virtue of such determination in respect of such claim shall be reduced by the amount of such payment. (Amended 62 of 1985 s. 2)(3) Where the amount of compensation payable by virtue of a determination of the Lands Tribunal under this Ordinance is reduced under subsection (2) by the amount of any payment made under subsection (1), such compensation shall not as from the date on which the payment is made bear interest except on the amount thereof as so reduced. (Replaced 62 of 1985 s. 2)(4) Where the amount of any payment made by the Authority under subsection (1) in respect of any claim exceeds the amount of the compensation determined by the Lands Tribunal in respect of such claim, the amount of the excess shall be recoverable by the Authority as a civil debt. (Amended 62 of 1985 s.

2)(Added 5 of 1984 s. 7) 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. * Commencement date: 13 January 1984. 17. Payment of compensation and interest (1) All sums of money agreed or determined as compensation (together with interest thereon as hereinafter mentioned), and all costs and remuneration awarded against the Government, shall be paid out of the general revenue. (Amended 63 of 1974 s. 13; 3 of 2000 s. 3)(2) At any time after agreement or determination by the Lands Tribunal of the amount of compensation to be paid under this Ordinance, the Authority may by notice published in the Gazette require the person entitled to such compensation to collect the same within the time and at the place specified in the notice. (Replaced 63 of 1974 s. 13)(3) Subject to section 16A(3), any sum of money payable as compensation by virtue of a determination of the Lands Tribunal or an agreement under this Ordinance bears interest, calculated on a daily basis in accordance with subsection (3A), from the date of resumption of the land until the expiration of the time specified in the notice referred to in subsection (2). No interest is payable on any costs or remuneration. (Replaced 63 of 1974 s. 13. Amended 5 of 1984 s. 8; 25 of 2023 s. 18)(3A) For subsection (3), the rate of interest payable—(a) in respect of a day on which the reference interest rate is published (publication day)—is the reference interest rate; and(b) in respect of a day other than a publication day—is the reference interest rate published on the last publication day before that day. (Replaced 25 of 2023 s. 18)(3B) (Repealed 25 of 2023 s. 18)(4) If no claim be made for the compensation money at the place, and within the time appointed, the officer appointed as aforesaid shall cause such money to be paid into the Treasury.(5) The money thus paid into the Treasury or any part of it may, within a period of 5 years from the expiration of the time referred to in subsection (2), be claimed by the person entitled thereto and upon such claim being substantiated shall be paid to the person so entitled.(6) At the expiration of the said period of 5 years the money or such part of it as remains unpaid shall be transferred to the general revenue. (Amended 71 of 1971 s. 3; 3 of 2000 s. 3)(Replaced 33 of 1929 s. 2) 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. 18. Payment when owner absent, etc. When the owner of any land which has been resumed is absent from Hong Kong or cannot be found, or within 6 months from the date when the amount of compensation shall have been determined makes no claim to the same, or is in the opinion of the Chief Executive unable to give an effectual discharge for the same, the Chief Executive may direct payment of the compensation to be made to such other person on behalf of the owner as he shall think proper, subject to such conditions as he thinks fit, and the receipt of such person shall be a valid and effectual discharge for the same in the same manner as if payment had been made to the owner.(18 of 1910 s. 7 incorporated. Amended 28 of 1911 s. 6(e); 50 of 1911; 1 of 1912 Schedule; 62 of 1985 s. 3; 3 of 2000 s. 3) Part 8 Miscellaneous (Added 25 of 2023 s. 19) 18A. Resumption of contiguous or adjacent land on application (1) The owner of, or a mortgagee in possession of, any land (relevant land) that is contiguous or adjacent to land that has been resumed pursuant to an authorization made under section 3(1) or (2) (resumed land) may apply to the Chief Executive for the resumption of the relevant land.(2) The application must be made before the expiry of—(a) a period of 1 year from the date on which the resumed land reverts to the Government under section 5; or(b) a further period allowed by the Chief Executive in a particular case.(3) On the application, the Chief Executive may order the resumption of the relevant land, whether or not the resumption is required for a public purpose, if the Chief Executive is of the opinion that—(a) the resumed land is reasonably necessary to the use and enjoyment of the relevant land; and(b) it would be just and equitable to make an order for the relevant land to be resumed.(4) A person aggrieved by a decision of the Chief Executive not to order resumption under subsection (3) may apply to the Lands Tribunal to review the decision.(5) On an application under subsection (4), the Lands Tribunal may, if it is satisfied as to the matters mentioned in subsection (3)(a) and (b), order the resumption of the relevant land, whether or not the resumption is required for a public purpose, and compensation for the resumption is to be assessed under this Ordinance.(6) If the resumption of the relevant land is ordered under this section, the Authority must publish a notice of the resumption of the relevant land (relevant notice) in the Gazette.(7) For the purposes of this Ordinance, the relevant notice is taken to be a notice published under section 4(1) and, accordingly, section 4(2), (3), (3A) and (4) applies in relation to the relevant notice.(Added 25 of 2023 s. 19) 19. Effect as evidence of notice of resumption In any notice published under section 4(1), it is sufficient to state that the resumption of the land is required for a public purpose, without stating the particular purpose for which the land is required; and a notice containing such statement is conclusive evidence that the resumption is for a public purpose.(Amended 28 of 1911 s. 6(f); 25 of 2023 s. 20) 19A. Absence of authorization of expenditure for works not prevent certain matters The fact that the expenditure for any works for carrying out the public purpose for which any land (land) is to be resumed has not been approved or authorized under the Public Finance Ordinance (Cap. 2) or any other enactment does not prevent—(a) the authorization of the resumption of the land under section 3(1) or (2);(b) the order for the resumption of the land under section 3(3);(c) the publication of a notice in respect of the resumption of the land under section 4;(d) the order for the resumption of any land contiguous or adjacent to the land (contiguous or adjacent land) under section 18A; or(e) the provision of any compensation (whether monetary or non-monetary) or any financial or other assistance, whether or not under an enactment, in connection with the resumption of the land or the contiguous or adjacent land.(Added 25 of 2023 s. 21) 20. Arrangement with owner of buildings or dwellings to reconstruct them Whenever the buildings or dwellings on any land are of insanitary construction as regards conditions of light and air, the Chief Executive may, notwithstanding any of the powers of resumption herein contained or prior to the exercise of any such powers, permit the owner of such buildings or dwellings to reconstruct or rebuild the same or any part thereof, on such terms and conditions and subject to such security being given for the proper carrying out of such reconstruction or rebuilding as the Chief Executive may think fit.(Amended 28 of 1911 s. 6(f); 50 of 1911; 1 of 1912 Schedule; 3 of 2000 s. 3) 21. (Repealed 63 of 1974 s. 14) 22. Saving of power of resumption under Government lease This Ordinance shall not be deemed to prevent the exercise by the Government of any power of resumption contained in any Government lease.(Amended 28 of 1911 s. 6(f); 50 of 1911; 1 of 1912 Schedule; 29 of 1998 s. 34) 23. Transitional provisions for Development (Town Planning, Lands and Works) (Miscellaneous Amendments) Ordinance 2023 (1) For the purposes of subsection (2), the Secretary may, by notice published in the Gazette, specify a project proposed by the Authority if the boundary of the land proposed to be resumed for the purpose of the project (relevant boundary) has been made available to the public (or a section of the public) before 1 September 2023, whether or not the relevant boundary is varied on or after that date.(2) In relation to a project specified under subsection (1) and the resumption of any land for the purpose of the project—(a) the following provisions do not apply—(i) Part 2 (as added by section 5 of the Amendment Ordinance); and(ii) section 3 (as amended by section 7 of the Amendment Ordinance); and(b) section 3 as in force immediately before 1 September 2023 continues to apply as if section 7 of the Amendment Ordinance had not been enacted.(3) If any land has reverted to the Government under section 5 before 1 September 2023, sections 16A and 17 as in force immediately before that date continue to apply in relation to the compensation in respect of the resumption of the land as if sections 17 and 18 of the Amendment Ordinance had not been enacted.(4) In this Ordinance—(a) a reference to an authorization made by the Chief Executive in Council under section 3(1) or (2) includes a decision made by the Chief Executive in Council under section 3 as in force immediately before 1 September 2023; and(b) a reference to an order made by the Chief Executive under section 3(3) includes an order made by the Chief Executive under section 3 as in force immediately before 1 September 2023.(5) In this section—Amendment Ordinance (《修訂條例》) means the Development (Town Planning, Lands and Works) (Miscellaneous Amendments) Ordinance 2023 (25 of 2023).(Added 25 of 2023 s. 22)