Contents of Section

Chapter:

495 PDFTitle:NEW TERRITORIES LAND EXCHANGE ENTITLEMENTS (REDEMPTION) ORDINANCEGazette Number:
Section:5Heading:Claims procedureVersion Date:30/06/1997

(1) A person who claims, as an owner of a land exchange entitlement, payment of any of the redemption money payable in respect of the land exchange entitlement may, by serving on the Director a notice in such form as the Director may specify, lodge his claim with the Director.
(2) In a notice served under subsection (1), a claimant shall furnish to the Director such evidence in support of his claim, including the entitlement document and any other deeds, instruments and records relating to the land exchange entitlement to which the claim relates, as is available to him.
(3) The Director shall, by notice in writing served on the claimant, acknowledge receipt of any notice served under subsection (1).
(4) Where, pending determination by the Director of a claim under this section, there is any change in the particulars furnished by the claimant in the notice served under subsection (1), the claimant shall as soon as practicable furnish to the Director, by notice in writing served on the Director, particulars of the change, with such evidence in support thereof as is available to him.
(5) The Director may, by notice in writing served on a claimant, request him to furnish to the Director any further particulars or evidence in support of his claim.
(6) The Director may, in determining a claim-

        (a) admit the entire claim;
        (b) reject the entire claim; or
        (c) admit a specified part or parts and reject the remainder, of the claim.
(7) The Director shall, in respect of every claim, notify the claimant, by notice in writing served on the claimant, of his decision in determining the claim-
        (a) within the period of 3 months of the receipt of the notice served under subsection (1);
        (b) if a notice is served on the Director under subsection (4), within the period of 3 months of the receipt of the notice; or
        (c) if a notice is served on the claimant under subsection (5), within the period of 3 months of the receipt of the further particulars or evidence in support of the claimant's claim furnished in accordance with the notice,
whichever is the last to expire.
(8) Where, in respect of any of the redemption money payable in respect of a land exchange entitlement, the Director admits a claim or any specified part or parts thereof under subsection (6), he shall include in the notice served under subsection (7) a statement of the amount of the redemption money that is payable in proportion to the share in the legal ownership of the land exchange entitlement as represented by the claim or the specified part or parts thereof, which the Director so admits.
(9) Where, in respect of any of the redemption money payable in respect of a land exchange entitlement, the Director rejects a claim or any part thereof under subsection (6), he shall include in the notice served under subsection (7) a statement of the reasons for the rejection.
(Enacted 1996)