Acquisition and Compensation
The Government may acquire private land by resumption for the implementation of public projects such as a road scheme, a public housing development, an urban renewal project, an open space, a drainage improvement project, a new market, a school or any item in the Public Works Programme. According to the purpose of public projects, resumption proceedings may be instituted mainly under the provisions of:
|(a)||the Lands Resumption Ordinance, Chapter 124;|
|(b)||the Roads (Works, Use and Compensation) Ordinance, Chapter 370;|
|(c)||the Railways Ordinance, Chapter 519;|
|(d)||the Land Acquisition (Possessory Title) Ordinance, Chapter 130;|
|(e)||the Land Drainage Ordinance, Chapter 446;|
|(f)||the Urban Renewal Authority Ordinance, Chapter 563;|
|(g)||the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance, Chapter 276.|
Private land may also be adversely affected when easements or other permanent rights and rights of temporary occupation of land are created for the implementation of public projects under the relevant Ordinance in favour of the Government.
When the private land is resumed or otherwise adversely affected by the actions of the Government, the Ordinance under which the legal interest is extinguished or affected provides for the payment of compensation. The compensatable interest is limited by the provisions of the Ordinances. However, it is the general Government practice to make compensation offers based upon ex-gratia rates in full and final settlement of all claims arising out of the provisions of the Ordinance.
For more information, please refer to the following documents: -