|107||Title:||TRAMWAY ORDINANCE||Gazette Number:||L.N. 38 of 2011|
(1) The company may with the consent of the owner of any house or building attach thereto such brackets, rosettes, wires and apparatus as may be required for the efficient working of the tramway.
(2) Where the company is unable to obtain such consent and is of the opinion that such consent is being unreasonably withheld, the company may apply to the Director, on notice to the owner, for a certificate that the attachment is essential to the efficient working of the tramway and the Director, if he is satisfied that the attachment is so essential, shall issue to the company a certificate under his hand to that effect.
(3) The company may serve on the owner a copy of such certificate and a copy of this section and, on the expiry of one month from the date of such service, if there shall be no appeal in accordance with the provisions of subsection (4), the company may enter upon the premises at any reasonable time, during the hours of daylight and make such attachment, subject nevertheless to the payment to the owner of such compensation as may be agreed between the company and the owner, or, in default of agreement, such compensation as may be determined by arbitration in accordance with the provisions of the Arbitration Ordinance (Cap 609). (Amended 17 of 2010 s. 112)
(4) If an owner is aggrieved by the issue of a certificate in accordance with the provisions of subsection (2), he may, at any time during such period of one month as is referred to in subsection (3) on notice to the company, appeal by petition to the Chief Executive in Council and on such appeal, the Chief Executive in Council, after hearing the Director, may confirm or revoke such certificate. (Amended 62 of 1999 s. 3)
(5) No consent of an owner, decision of the Director or compensation payable in accordance with the provisions of subsection (3) shall have effect after that owner ceases to be the owner of the house or building in question but no attachments fixed under the provisions of this section shall be removed other than by or with the consent of the company until the expiration of 3 months after any subsequent owner has given to the company notice in writing requiring the attachments to be removed and where such notice is given the provisions of subsections (3) and (4) shall apply as if such owner has unreasonably withheld his consent in the first instance.
(6) An owner may require the company to remove temporarily the attachments where necessary during any reconstruction or repair to his house or building.
(7) For the purpose of this section, "owner" (擁有人) means the person whose name is registered in the Land Registry as the owner or holder of the land on which the house or building in question is built and any registered mortgagee of such land. (Amended 8 of 1993 s. 2)