Contents of Section

Chapter:

599 PDFTitle:Prevention and Control of Disease OrdinanceGazette Number:E.R. 1 of 2013
Section:12Heading:CompensationVersion Date:25/04/2013


(1) Where any article is damaged, destroyed, seized, surrendered or is submitted to any person pursuant to this Ordinance, the Director may order the payment of such compensation as is just and equitable in the circumstances.
(2) The Director shall serve an order made under subsection (1) on the person in respect of whom it is made, either personally or by post, within 7 days after the order is made.
(3) Any dispute arising from an order made under subsection (1) on the question whether compensation is payable or the amount of compensation shall, in the absence of agreement, be resolved or determined in accordance with this section.
(4) The dispute shall be resolved or determined by arbitration under the Arbitration Ordinance (Cap 609) if the party disputing the Director¡¦s order (the claimant), within 6 months after the Director makes the order, serves a notice on the Director notifying the Director that the dispute will be referred to arbitration and proceeds to arbitration in accordance with the Arbitration Ordinance (Cap 609). (Amended 17 of 2010 s. 112)
(5) Instead of proceeding to arbitration in accordance with the Arbitration Ordinance (Cap 609) pursuant to subsection (4), the claimant may, within 6 months after the Director makes the order, institute civil proceedings for the determination of the dispute. (Amended 17 of 2010 s. 112)
(6) Subsection (1) does not apply to cases for which compensation is provided for by regulations made under section 8.