Chapter:	276	Title:	MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) ORDINANCE	Gazette Number:	29 of 1998 s. 59
Schedule:	1	Heading:		Version Date:	01/07/1997

Amendments retroactively made - see 29 of 1998 s. 59

Losses for which compensation may be claimed	Basis on which compensation is to be assessed	Persons who may claim compensation for their respective losses	Period within which the claim must be served on the Director
1. The loss of land resumed under section 4.	As if the claim were made under the Lands Resumption Ordinance (Cap 124) for land resumed under that Ordinance. (Amended 29 of 1998 s. 59)	Any person who would be entitled to claim compensation for land resumed under the Lands Resumption Ordinance (Cap124) if the land had been resumed thereunder. (Amended 29 of 1998 s. 59)	Before the expiration of 1 year from the date of resumption.
2. The loss- (a) of value of land caused by the creation of an easement or right in, under or over that land pursuant to section 6.	(a) The amount by which the open market value of the land is reduced on the date on which the easement or right is created under section 6(4).	(a) Any person owning a compensatable interest in the land on the date on which the easement or right is created under section 6(4).	(a) Before the expiration of 1 year from the date on which the easement or right is created under section 6(4).
(b) due to disturbance resulting from the creation of an easement or right under section 6.	(b) A disturbance payment.	(b) Same as in item 2(a).	(b) Same as in item 2(a).
(Amended 60 of 1983 s. 8)
3. The loss or value of land, no part of which is resumed, due to the extinction of any right or easement upon the resumption of adjacent or contiguous land.	On the basis provided for by the Lands Resumption Ordinance (Cap 124) for the extinction of any right or easement caused by resumption under that Ordinance. (Amended 29 of 1998 s. 59)	Any person who would be entitled to claim compensation under the Lands Resumption Ordinance (Cap 124) for the extinction of any right or easement caused by resumption under that Ordinance if the adjacent or contiguous land had been resumed thereunder. (Amended 29 of 1998 s. 59)	Before the expiration of 1 year from the date of resumption of the adjacent or contiguous land.
4. The pecuniary loss or damage caused or likely to be caused by the closure or substantial alteration of a street or part of a street under section 10. (Amended 68 of 1976 s. 2)	The amount or any pecuniary loss or damage to any property held under a Government lease: Provided that, in the case of a temporary closure or temporary substantial alteration, that closure or alteration continues for a period exceeding 6 months. (Replaced 37 of 1982 s. 41. Amended 29 of 1998 s. 59)	The owner or occupier of the property. (Replaced 37 of 1982 s. 41)	Before the expiration of 1 year from- (a) the closure of the street or part thereof in the case of a street or part of a street permanently closed; (b) the re-opening of the street or part thereof in the case of a street or part of a street temporarily closed or closed for an indefinite period; (c) the completion of the substantial alteration of the street or part thereof in the case of a permanent alteration of a street or part or a street; (d) the reinstatement of the street or part thereof in the case of temporary substantial alteration of a street or part of a street or a substantial alteration of a street or part of a street for an indefinite period. (Replaced 68 of 1976 s. 3)
5. Loss sustained by the extinguishment, modification or restriction of any private right over Government foreshore or seabed under section 10. (Amended 29 of 1998 s. 59)	The amount which might fairly and reasonably be assessed as the pecuniary loss of the claimant.	Any person in whom the private right was vested at the date of extinguishment, modification or restriction provided for under section 10(1)(d).	Before the expiration of 1 year from the date of extinguishment, modification or restriction provided for under section 10(1)(d).
6. (a) Structural damage to any building resulting from the construction or operation of the railway.	(a) (i) The amount which is, or might be, fairly and reasonably incurred in repairing the damage. (ii) The amount by which the open market value of the land is, or would be, reduced as a result of the manner in which it is necessary to repair the damage.	(a) Any person owning a compensatable interest in the damaged building.	(a) Before the expiration of 6 years from the date of the opening for public traffic of that portion of the railway from which the damage is alleged to have resulted.
(b) The loss due to disturbance resulting from structural damage mentioned in item 6(a).	(b) A disturbance payment.	(b) Same as in item 6(a).	(b) Same as in item 6(a).
7. (a) Damage to any land or building resulting from the exercise of any power contained in section 12.	(a) (i) The amount which is, or might be, fairly and reasonably incurred in repairing the damage. (ii) The amount by which the open market value of the land is, or would be, reduced as a result of the manner in which it is necessary to repair the damage.	(a) Any person owning a compensatable interest in the damaged building.	(a) Before the expiration of 1 year from the date of completion of the work carried out under section 12 from which the damage or loss is alleged to have resulted.
(b) The loss due to disturbance resulting from the exercise of any power contained in section 12.	(b) A disturbance payment.	(b) Same as in item 7(a).	(b) Same as in item 7(a).
8. The cost of altering the course or position of any apparatus and of repairing any street surface pursuant to a notice served by the Director under section 13.	The cost which is fairly and reasonably incurred in effecting such alteration and repair.	The person on whom the notice under section 13 is served.	Before the expiration of 1 year from the completion of the alteration and repair.
9. (a) The loss of value of a building caused by the removal, under section 14, of any object or structure which was erected and maintained without the contravention of any Ordinance.	(a) The amount by which the open market value of the land is reduced.	(a) Any person owning a compensatable interest in the building on the date of removal of the object or structure.	(a) Before the expiration of 1 year from the date of removal.
(b) The cost of a removal referred to in item 9(a).	(b) The cost incurred in moving the object or structure and making good that part of the building from which it is removed.	(b) Any person who incurs the cost.	(b) Same as in item 9(a).
(c) The cost of reinstating an object or structure described in item (a) above or of replacing the same with a similar object or structure.	(c) The cost incurred in so doing.	(c) Any person who incurs the cost.	(c) Before the expiration of 1 year from the date of reinstatement or replacement.
(d) The loss sustained by the forfeiture under section 14(5) of an object or structure which was erected and maintained without the contravention of any Ordinance and is not to be reinstated or replaced with a similar object or structure at the expense of the Government under item (c) above. (Amended 29 of 1998 s. 59)	(d) The amount which might fairly and reasonably be estimated as the loss of the claimant.	(d) Any person owning a share or interest in the object or structure on the date on which it is removed under section 14(4).	(d) Before the expiration of 1 year from the date of removal.
10. The loss sustained on account of the withdrawal of any approval or consent by the Building Authority under section 15.	The amount which might fairly and reasonably be estimated as the loss of the claimant in respect of- (a) the reduction of the open market value of land; (b) materials, plant and equipment; (c) professional fees and expenses actually paid or legally payable. on account of the withdrawal of approval or consent.	The owner of the land affected by the withdrawal of approval or consent.	Before the expiration of 1 year from the date of withdrawal.
11. The loss sustained on account of the refusal by the Building Authority under section 15(1)(a) to consent to the commencement of building works, because the Building Authority is of the opinion that the building works would be incompatible with works or proposed or likely works for the construction of stages 1 to 6 and stage 8 of the railway or the eastern harbour crossing. (Amended 66 of 1978 s. 7; 12 of 1981 s. 4; 6 of 1986 s. 5)	The amount by which the open market value of the land is reduced on account of the refusal.	The owner of the land.	Before the expiration of 1 year from the date of the refusal.
12. The cost of complying with a plan amended, or a condition imposed, under section 15(1)(c), in a case where the plan shows piling works, excavation works or foundation works, to avoid incompatibility of such works with works or proposed or likely works for the construction of stages 1 to 6 and stage 8 of the railway or the eastern harbour crossing. (Amended 66 of 1978 s. 7; 12 of 1981 s. 4; 6 of 1986 s. 5)	Any additional cost incurred in carrying out building works which is attributable solely to compliance with the amendment required, or condition imposed, under section 15(1)(c).	The owner of the land on which the building works are carried out.	Before the expiration of 1 year from the completion of the building.

(a) be in addition to such of the provisions of the Lands Resumption Ordinance (Cap 124) as apply, by virtue of Part I, to the assessment of compensation; and (Amended 37 of 1982 s. 41; 29 of 1998 s. 59)
(b) prevail over any provision referred to in sub-paragraph (a) which is inconsistent or in conflict with a provision in this Part.

(a) a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than 1 month or a tenancy or sub-tenancy terminable (whether by virtue of an Ordinance or otherwise) by either party by not less than 1 month's notice; (Amended L.N. 587 of 1995)
(b) a mortgagee in possession;
(c) the holder of a valid and subsisting option to purchase an interest referred to in (a) or (d);
(d) a purchaser under an agreement for sale and purchase to whom the benefit of an interest referred to in (a) or (c) has already passed;

(a) the financial loss naturally and reasonably resulting from the displacement of a person from land; and
(b) in the case of disturbance of a trade or business on any land, the financial loss naturally and reasonably resulting from the disturbance of that trade or business;

(a) the delineation thereof under section 3 as part of the railway area; or
(b) the construction or operation of the railway, including any damage for which compensation would have been payable but for the operation of section 20(2).

(a) such claim may include compensation in respect of the whole interest which comprises the mortgage security; and
(b) compensation received by a mortgagee in possession shall be applied by him as if it were proceeds of sale of the mortgage security.