Page:Mass Transit Railway Ordinance (Cap. 556).pdf/18

MASS TRANSIT RAILWAY ORDINANCE

(6) No action lies against the Government in respect of the taking of possession of any property under this section on the ground that the property was not property which the Government was entitled to take possession of under this section.

22. Power of entry

The Government, its nominee or a third party designated by the Government may, for the purpose of taking possession of property under this Part, enter upon any premises where it is reasonably necessary to do so for that purpose. PART V '''23. Settlement or determination of claim for compensation'''

(1) The Government may compromise or settle any claim for compensation under this Ordinance.

(2) In default of an agreement between the Government and a claimant as regards the amount of compensation, if any, payable to the claimant under this Ordinance, the compensation shall be determined by arbitration under the Arbitration Ordinance (Cap. 341).

(3) For the purposes of an arbitration under subsection (2), the Government and the claimant shall be regarded as having made an arbitration agreement within the meaning of the Arbitration Ordinance (Cap. 341) the terms of which include a provision that the compensation shall, in the absence of an agreement, be determined by a single arbitrator.

24. Provisional payment pending determination of compensation

(1) Pending any determination of compensation by an arbitrator as provided in section 23, the Government may pay to a claimant an amount as a provisional payment of the amount, if any, payable under the arbitrator’s determination.

(2) A payment by the Government under subsection (1) in respect of a claim does not prejudice the claim or the submission of the claim to, or its determination by, the arbitrator under this Part; but the amount of compensation payable under the arbitrator’s determination in respect of the claim shall be reduced by the amount of the payment made.