Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 1
Chapter: 370 ROADS (WORKS, USE AND COMPENSATION)
ORDINANCE
Gazette Number Version Date
Long title 30/06/1997
To provide for the publication of proposals as to works in relation to roads, objections to the proposals, authority to
carry out the works and for the use of roads, powers in relation to the works on and the use of roads,
compensation and connected matters.
[18 June 1982]
(Originally 37 of 1982)
Part: I PRELIMINARY 30/06/1997
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Roads (Works, Use and Compensation) Ordinance.
Section: 2 Interpretation L.N. 130 of 2007 01/07/2007
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
(1) In this Ordinance, unless the context otherwise requires-
"application" (申請) means an application to the Lands Tribunal under section 23(2) or 28(2);
"building" (建築物), "Building Authority" (建築事務監督) and "building works" (建築工程) have the same
meanings as in the Buildings Ordinance (Cap 123);
"claim" (申索) means a claim for compensation under section 29;
"claimant" (申索人) means a person who has made a claim for compensation;
"compensatable interest" (可獲補償權益) means the estate or interest of-
(a) a person having an unexpired term in land (including any further term which could be obtained as of
right) of not less than one month or a tenancy or sub-tenancy terminable (whether by virtue of an
Ordinance or otherwise) by either party by not less than one month's notice;
(b) a mortgagee in possession;
(c) the holder of a valid and subsisting option to purchase an estate or interest referred to in paragraph (a)
or (b);
(d) a purchaser under an agreement for sale and purchase to whom the benefit of an estate or interest
referred to in paragraph (a) or (b) has already passed;
"land" (土地) means immovable property;
"mortgage" (按揭) means a mortgage or charge registrable in the Land Registry; (Amended 8 of 1993 s. 2)
"owner" (擁有人), in relation to land, means the person holding that land-
(a) directly under a Government lease; or (Amended 29 of 1998 s. 105)
(b) under another title directly from the Government registered in the Land Registry; (Amended 8 of 1993
s. 2)
"sea-bed" (海床) includes any Government land covered with water in any tidal river or channel connected with the
water of Hong Kong; (Amended 29 of 1998 s. 105)
"Secretary" (局長) means the Secretary for Transport and Housing; (Replaced L.N. 106 of 2002. Amended L.N. 130
of 2007)
"use" (使用) means the use of any road, whether before or after the completion of any works and includes the
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 2
existence of any road whether or not in relation to any use to which it is put;
"works" (工程) means the construction, renovation, alteration, closure, maintenance or repair of any road and any
operations ancillary thereto;
"works area" (施工區) means the land delineated in the plan prepared under section 5.
(2) Where, under this Ordinance, notice is required to be served on any person-
(a) that notice shall be in writing and in both the Chinese and English languages;
(b) it shall be served on that person by delivering it to him by hand or by registered post.
(3) The Secretary shall not be obliged to serve any notice on any person whose address is unknown and cannot
be reasonably ascertained.
(4) A certificate purporting to be signed by a public officer shall be prima facie evidence of the facts stated
therein relating to the service, giving, publication or affixing of any notice.
(5) The title to any land shall not be affected by-
(a) any defect in a notice required under this Ordinance; or
(b) any failure to serve, publish or affix any notice under this Ordinance.
Section: 3 Assumption and delegation by Secretary 30/06/1997
(1) The Secretary may act under this Ordinance in relation to any works which he proposes be executed by
some other person, other than a public officer, as well as in relation to works which he proposes be executed, on his
behalf, by a public officer and this Ordinance shall apply to these works and the use.
(2) Where the Secretary proposes that any works be executed by some other person, any compensation payable
in respect of those works shall, subject to any agreement, be payable by the Crown.
(3) The Secretary may in writing authorize any named person either generally or in any particular case to
exercise any of the powers, functions and duties conferred or imposed upon him under this Ordinance.
Part: II THE WORKS 30/06/1997
Section: 4 Minor works 30/06/1997
(1) The Secretary may execute any works-
(a) which, in his opinion, are minor in respect of any physical or structural operations involved; and
(b) in respect of which the only powers required by him are-
(i) to close a road which, in his opinion, does not serve any useful purpose or does not serve any
lawful purpose;
(ii) to close a road to use for a period not exceeding 14 days in any period of 3 months;
(iii) to close part of the width of a road to use but not to such extent as will interfere unreasonably
with the normal flow of traffic on that road and for no longer than is reasonably necessary to
execute the works.
(2) The works executed under this section, including the closures mentioned in subsection (1)(b), and the use
shall be authorized under this section.
(3) No person shall have any right against the Crown or any other person to restrain or compel anything
authorized under this section or to recover any money, under this Ordinance or otherwise, in respect of anything
authorized under this section.
Section: 5 Major works: The plan and the scheme 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105
Where the Secretary proposes to execute works, other than under section 4, he shall cause to be prepared-
(a) a plan delineating the works area, being that area within which land may be resumed, easements or
other rights in, under or over land may be created or rights affected for the purposes of or incidental to
the works or the use; and
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 3
(b) a scheme, annexed to the plan, in which he shall-
(i) describe the general nature of the works which he proposes to carry out and the use to which he
intends the road will be put;
(ii) describe the land which he proposes may be resumed under section 13;
(iii) describe the land in, under or over which he proposes there may be created an easement or other
permanent or temporary right under section 15 and indicate the nature of that easement or right;
(iv) describe any road, Government foreshore or sea-bed in respect of which he proposes the
Governor may exercise his powers under section 17 and describe the manner in which the road,
foreshore or sea-bed will be affected; (Amended 29 of 1998 s. 105)
(v) describe any land or building in respect of which he proposes he may exercise the powers under
section 19 and describe the general nature of any operations which may be carried out;
(vi) describe the nature of any apparatus in respect of which he proposes he may exercise the powers
under section 20;
(vii) describe the land or building in respect of which he proposes he may exercise the powers under
section 21; and
(viii) describe any land or building works in respect of which he proposes the Building Authority may
exercise its powers under section 22.
Section: 6 Inspection and survey 30/06/1997
(1) For the purposes of preparing a plan and scheme mentioned in section 5 or any amendment or any substitute
plan or scheme and failing agreement with any person affected as to the grant of the powers required by the Secretary,
the Secretary may, subject to subsection (2), enter any land or building at all reasonable times and may there-
(a) make any inspection, site investigation or test, including drilling, excavating and the installation or
removal of instruments;
(b) survey and take levels;
(c) set out any line of works.
(2) The Secretary shall give at least 28 days notice of his intention to exercise the powers mentioned in
subsection (1) and that notice-
(a) shall describe the purpose of the entry; and
(b) shall be served on the owner and occupier of the land or building.
(3) Compensation shall be payable in respect of the exercise of the power mentioned in subsection (1) as it is
payable under item 7 of Part II of the Schedule in respect of the exercise, of the power mentioned in section 19.
Section: 7 Amendment of plan and scheme 30/06/1997
Any plan or scheme prepared for the purposes of section 5 and any marking or endorsement on any such plan
may be amended and any plan or scheme may be replaced by a substitute plan or scheme but the Secretary shall as
soon as practicable cause to be likewise amended, or replaced with the substitute, every copy referred to in section 8.
Section: 8 Deposit and publication 30/06/1997
(1) A copy of the plan and scheme prepared for the purposes of section 5 or 7, signed by the Secretary, shall be
deposited in the Land Registry and shall be available for inspection by the public free of charge at such offices of the
Government as the Secretary may direct, during the hours when those offices are normally open to the public.
(Amended 8 of 1993 s. 2)
(2) The Secretary shall within 21 days of the deposit of a copy of a plan and scheme in the Land Registry or of
any amendment to such copy or the deposit of a substitute plan and scheme cause a notice of such deposit or
amendment to be published containing- (Amended 8 of 1993 s. 2)
(a) a description of the general nature of the works or of the nature and extent of the amendment to the
works; and
(b) particulars of the places and times at which a copy of the plan and scheme, or details of the amendment
or a copy of the substitute plan and scheme may be inspected by the public in conformity with
subsection (1).
(3) The notice mentioned in subsection (2) shall be published-
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 4
(a) in 2 issues of the Gazette in both the Chinese and English languages;
(b) in 2 issues of a Chinese language newspaper;
(c) in 2 issues of an English language newspaper; and
(d) by affixing copies in the Chinese and English languages in such prominent positions within the works
area as may be appropriate for the purpose drawing the notice to the attention of the public.
(4) The Secretary shall, by notice in writing, advise the District Board of the District in which the works are to
be situated of the deposit of the plan and scheme under subsection (1) and, at the same time, supply that District Board
with a copy of the plan and scheme.
(5) A copy of the plan and scheme shall be supplied to any person on application and payment of the
reasonable cost of producing that copy.
Section: 9 Decision not to execute works 30/06/1997
Where the Secretary decides not to execute the works in respect of which a copy of a plan has been deposited
under section 8, he shall, as soon as practicable, cause a notice to that effect to be published in the manner mentioned
in section 8(3); and, upon that publication, the powers mentioned in section 6(1), 11(7), 13(1), 15(1), 17(1), 19(1),
20(1), 21(1), 22 or 23(1) shall cease to be exercisable in relation to those works:
Provided that this section shall not affect anything lawfully done under this Ordinance before that publication or
any rights (including rights to compensation) then accrued under this Ordinance in respect of the exercise of any of
those powers.
Section: 10 Objections 30/06/1997
(1) Any person may, by notice in writing delivered to the Secretary not later than 60 days after the first
publication of the notice mentioned in section 8(2), object to the works or the use or both and may, where relevant,
object to the exercise of the power of the Secretary under section 42(2).
(2) A notice of objection shall describe the interest of the objector and the manner in which he alleges he will
be affected by the works or the use.
(3) An objection lodged under this section may be amended or withdrawn in writing at any time before the
works and the scheme are considered under section 11; and, if withdrawn, shall be treated, for the purposes of section
11(1), as not having been lodged.
Section: 11 Procedure after publication of plan and scheme L.N. 50 of 2005 10/06/2005
(1) When the time for the lodging of objections has expired and where no objections have been lodged under
section 10, the Secretary may execute the works; and the works and the use shall be authorized under this Ordinance.
(1A) Subject to subsection (1), the Secretary shall not later than-
(a) subject to paragraphs (b) and (c), 9 months after the expiration of the period for lodging objections
under section 10(1);
(b) subject to paragraph (c), where there is any amendment to the plan or scheme under section 7, 3
months after the expiration of the period for lodging objections under section 10(1) in respect of any
such amendment or, where there is more than one amendment, the last of any such amendment;
(c) such further period of not more than 6 months after the expiration of the period referred to in
paragraph (a) or (b) (as the case may be) as the Chief Executive may, upon the application of the
Secretary, allow having regard to the circumstances of the case,
submit to the Chief Executive in Council for consideration the plan and scheme and any objections lodged under
section 10(1). (Added 14 of 1998 s. 2)
(1B) The Chief Executive in Council shall consider the plan and scheme submitted and any objections lodged
under section 10(1). (Added 14 of 1998 s. 2)
(2) The Chief Executive in Council, after considering the plan and scheme submitted and any objections lodged
under section 10(1), may-
(a) decline to authorize the works and the use; or
(b) authorize the works and the use, with or without modification and subject to such conditions, as to the
amelioration or avoidance of the effects of the works and the use or otherwise, as the Chief Executive
in Council thinks fit. (Replaced 14 of 1998 s. 2)
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 5
(3) Before exercising the power under subsection (2), the Governor in Council may refer the plan, the scheme
and the objections to the Town Planning Board appointed under the Town Planning Ordinance (Cap 131) and-
(Amended 25 of 2004 s. 25)
(a) the Board shall, whether or not the works are shown on any draft plan under that Ordinance, exhibit
and advertise the plan and scheme under section 5 of that Ordinance as if it were a draft plan, and the
provisions of that Ordinance shall apply accordingly; and (Amended 25 of 2004 s. 25)
(b) without prejudice to the generality of paragraph (a), the objections lodged under section 10 shall be
regarded as representations made to the Board in respect of the plan and scheme under section 6 of that
Ordinance. (Replaced 25 of 2004 s. 25)
(c) (Repealed 25 of 2004 s. 25)
(4) The Governor in Council may reconsider any plan and scheme and-
(a) authorize the works and the use which the Governor in Council has previously declined to authorize;
(b) remove or vary any modifications or conditions previously imposed.
(5) The Governor in Council may, after the expiry of at least 28 days notice served on any person affected,
amend any plan and scheme already considered and authorize the works and use in accordance with that amended plan
and scheme.
(6) Where any objection has been lodged under section 10, the Secretary may execute the works only to the
extent authorized, and subject to any subsisting modifications or conditions imposed, by the Governor in Council.
(7) Where any subsisting condition imposed by the Governor in Council under subsection (2)(b) requires
anything to be done by the Secretary to ameliorate or avoid the effects of the works or the use-
(a) anything done by the Secretary in compliance with that condition shall be part of the works;
(b) the Secretary may enter any land or building, after giving at least 28 days notice to the owner and the
occupier, and do what is required to be done to comply with that condition; and
(c) the condition shall be deemed to have been met if the condition is met in respect of all the persons for
whose benefit the condition was imposed other than those who waive compliance in writing.
(8) The notice mentioned in subsection (7)(b) shall-
(a) describe the purpose of the entry; and
(b) be served on the owner and occupier.
(9) Where-
(a) the Secretary proposes to execute the works under subsection (1); or
(b) the Governor in Council has declined to authorize the works and the use; or
(c) the Governor in Council has authorized the works and the use; or
(d) the Governor in Council imposes any modifications or conditions when authorizing the works and the
use; or
(e) any modification or condition previously imposed is removed or varied,
that fact shall be published in the manner mentioned in section 8(3).
Section: 12 Exercise of powers 30/06/1997
Where the Secretary proceeds with the works under section 11(1) or the Governor in Council authorizes the
works under section 11(2), 11(4) or 11(5), then, subject to the terms of the scheme considered or amended by the
Governor in Council and to any subsisting modification or condition imposed by the Governor in Council, the powers
mentioned in section 11(7), 13(1), 15(1), 17(1), 19(1), 20(1), 21(1), 22 or 23(1) may be exercised for the purposes of
or incidental to the works or the use.
Section: 13 Governor may order resumption of land 36 of 2000 16/06/2000
(1) The Governor may by order direct that any land proposed for resumption in the scheme mentioned in
section 5 shall be resumed for the purposes of or incidental to the works or the use.
(2) An order made under subsection (1) shall specify the period of notice to be given under section 14(2) which
period shall-
(a) run from the day on which notice of resumption is affixed on or near the land under that section and in
no case expire earlier than 28 days from that day; and
(b) prevail over any other period of notice of resumption (whether shorter or longer) provided for by the
Government lease or other instrument under which the land is held. (Amended 29 of 1998 s. 77)
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 6
(3) Unless the Governor has previously revoked the order made under subsection (1), the resumption of the
land described in the order shall be effective upon expiration of the period of notice specified in the order and,
thereupon, that land shall-
(a) where it is an undivided share in land, vest in The Financial Secretary Incorporated together with such
rights to the use and occupation of any building or part thereof as may be appurtenant to the ownership
of that share; and (Amended L.N. 180 of 1985)
(b) in all other cases, revert to the Government, (Amended 29 of 1998 s. 77)
but in either case the land shall vest or revert without any conveyance and free of all mortgages, charges, claims,
estates, easements, rights or interests of any kind in favour of any person.
(4) The ownership of any apparatus belonging to an owner or supplier of gas, electricity, water or
telecommunications services and situated in, under or over any land shall not be altered by reason only of the vesting
or reversion of that land under subsection (3). (Amended 36 of 2000 s. 28)
(5) The Secretary shall, as soon as practicable after land has vested in The Financial Secretary Incorporated or
reverted to the Government under subsection (3), cause such vesting or reversion to be noted in the register of the land
kept in the Land Registry. (Amended L.N. 180 of 1985; 8 of 1993 s. 2; 29 of 1998 s. 77)
(6) Upon the vesting under subsection (3)(a) of an undivided share in land in The Financial Secretary
Incorporated such share, together with any part of a building the exclusive use and occupation of which is appurtenant
to ownership of such share, shall be deemed to be unleased land for the purposes of section 6 of the Land
(Miscellaneous Provisions) Ordinance (Cap 28). (Amended L.N. 180 of 1985; 29 of 1998 s. 77)
Section: 14 Notices of resumption of land 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105
(1) Subject to subsection (3), notice of resumption by order made under section 13(1) shall be- (Amended 81
of 1988 s. 2)
(a) served on every person known to the Secretary as having any estate, right, share or interest in the land
mentioned in the order;
(b) published-
(i) in one issue of the Gazette in both the Chinese and English languages;
(ii) in one issue of a Chinese language newspaper;
(iii) in one issue of an English language newspaper; and
(iv) by affixing a copy in the Chinese and English languages in a prominent position on or near the
land mentioned in the order; and
(c) made available for inspection by the public free of charge at such offices of the Government as the
Secretary may direct, during the hours when those offices are normally open to the public.
(2) A notice of resumption shall-
(a) describe the land to be resumed and state that an order has been made under section 13(1) in respect
thereof;
(b) state where and at what times a copy of the order and, where appropriate, a plan of the land may be
inspected in pursuance of subsection (1)(c);
(c) state the day on which the notice was affixed on or near the land;
(d) state the period of notice specified by the Governor under section 13(2);
(e) declare that upon the expiry of that period the land described in the notice shall by virtue of section
13(3) revert to the Government or vest in The Financial Secretary Incorporated, as the case may
require, for the purposes of or incidental to the works or the use; and (Amended L.N. 180 of 1985; 29
of 1998 s. 105)
(f) state that any person entitled to compensation under this Ordinance may serve a written claim upon the
Secretary.
(3) Where an order has been made under section 13(1) in respect of land which was, when the order was made,
a road, subsection (1)(a) of this section shall not apply. (Added 81 of 1988 s. 2)
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 7
Section: 15 Governor may order creation of easements and other
rights
29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105
(1) The Governor may by order direct that easements or other permanent rights in, under or over land and
rights of temporary occupation of land in the works area which easements and rights were proposed in the scheme
mentioned in section 5 shall be created in favour of the Government for the purposes of or incidental to the works or
the use. (Amended 29 of 1998 s. 105)
(2) An order under subsection (1) shall specify the period of notice to be given under section 16(2) which
period shall run from the day on which notice of creation of an easement or right is affixed to the land under that
subsection and shall in no case expire earlier than 28 days from that day.
(3) An order made under subsection (1) may contain such consequential and incidental provisions as appear to
the Governor to be necessary or expedient for the purposes of the order including in particular provisions for
authorizing persons to enter upon land or buildings in accordance with subsection (5) for the purpose of carrying out
any operations or installing, maintaining or removing any structures or apparatus.
(4) Unless the Governor has previously revoked the order made under subsection (1), upon the expiry of the
period specified under subsection (2) the easement or right shall be created in favour of the Government and the
benefits and obligations thereof and of all consequential and incidental provisions made under subsection (3) shall be
of full force and effect against all persons having any estate, right, share or interest in the land without any consent,
grant or conveyance. (Amended 29 of 1998 s. 105)
(5) No person shall, in the exercise of any power of entry referred to in subsection (3), enter upon any land
which is occupied without giving at least 28 days' notice of his intention so to do unless the Secretary is of the opinion
that an emergency exists which necessitates immediate entry.
(6) Notice under subsection (5) shall be served on the owner and the occupier of the land.
(7) The ownership of any thing shall not be altered by reason only that it is placed in or under or affixed to any
land in exercise of the rights and powers arising from or incidental to an easement or right created under this section.
(8) The Secretary shall, as soon as practicable after an easement or other permanent right has been created in
favour of the Government under subsection (4), cause the creation of such easement to be noted in the register of the
land kept in the Land Registry. (Amended 8 of 1993 s. 2; 29 of 1998 s. 105)
Section: 16 Notices of creation of easements or other rights 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105
(1) Subject to subsection (3), notice of creation of an easement or right by order made under section 15(1) shall
be- (Amended 81 of 1988 s. 3)
(a) served on every person known to the Secretary as having any estate, right, share or interest in the land
mentioned in the order;
(b) published-
(i) in one issue of the Gazette in both the Chinese and English languages;
(ii) in one issue of a Chinese language newspaper;
(iii) in one issue of an English language newspaper; and
(iv) by affixing a copy in the Chinese and English languages in a prominent position on or near the
land mentioned in the order; and
(c) made available for inspection by the public free of charge at such offices of the Government as the
Secretary may direct, during the hours when those offices are normally open to the public.
(2) A notice of creation of an easement or right shall-
(a) describe the land and the easement or right and state that an order creating the easement or right has
been made under section 15(1);
(b) state where and at what times a copy of the order and a plan of the land affected by the easement or
right may be inspected in pursuance of subsection (1)(c);
(c) state the day on which the notice was affixed on or near the land;
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 8
(d) state the period of notice specified by the Governor under section 15(2);
(e) declare that upon the expiry of that period the easement or right described in the notice shall by virtue
of section 15(4) be created in favour of the Government for the purposes of or incidental to the works
or the use; and (Amended 29 of 1998 s. 105)
(f) state that any person having a compensatable interest under this Ordinance may serve a written claim
upon the Secretary.
(3) Where an order has been made under section 15(1) in respect of land which was, when the order was made,
a road, subsection (1)(a) of this section shall not apply. (Added 81 of 1988 s. 3)
Section: 17 Closure of roads etc. 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105
(1) The Governor may, for the purposes of or incidental to the works or the use, in relation to any road,
Government foreshore or sea-bed described in the scheme mentioned in section 5, by order-
(a) direct that the road or part thereof shall be closed; (Replaced 8 of 1987 s. 2)
(b) direct that the Government foreshore or sea-bed shall be reclaimed; (Replaced 8 of 1987 s. 2)
(c) declare that, or the extent to which, and the time at, or duration for which, any public or private right
in, upon, under or over the road, Government foreshore or sea-bed shall be extinguished, modified or
restricted.
(2) Where an order is made under subsection (1) every public and private right in, upon, under or over the road,
Government foreshore or sea-bed affected by the order shall be extinguished, modified or restricted according to the
provisions in that behalf made in the order.
(3) This section shall not affect the provisions of the Road Traffic Ordinance (Cap 374) relating to the closure
of roads.
(Amended 29 of 1998 s. 105)
Section: 18 Notices of orders made under section 17 30/06/1997
(1) Subject to subsection (3), notice of an order made under section 17(1) in respect of any road,
foreshore or sea-bed shall be- (Amended 81 of 1988 s. 4)
(a) served on every person known to the Secretary as having any estate, right, share or interest in the land
mentioned in the order;
(b) published-
(i) in one issue of the Gazette in both the Chinese and English languages;
(ii) in one issue of a Chinese language newspaper;
(iii) in one issue of an English language newspaper; and
(iv) by affixing a copy in the Chinese and English languages in a prominent position on or near the land
mentioned in the order; and
(c) made available for inspection by the public free of charge at such offices of the Government, as the
Secretary may direct during the hours when those offices are normally open to the public.
(2) The notice referred to in subsection (1) shall-
(a) state that an order has been made under section 17(1) and describe the area of the road, foreshore or sea-
bed affected thereby and the manner in which it will be affected;
(b) describe briefly any works to be carried out;
(c) state where and at what times a copy of the order and a plan of the affected area of the road, foreshore or
sea-bed may be inspected pursuant to subsection (1)(c);
(d) state the day on which the notice was affixed on or near the land; and
(e) state that any person having a compensatable interest under this Ordinance may serve a written claim
upon the Secretary.
(3) Where an order has been made under section 17(1) in respect of a road, subsection (1)(a) of this
section shall not apply. (Added 81 of 1988 s. 4)
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 9
Section: 19 Inspection and preventive and remedial works on land and
buildings
30/06/1997
(1) Failing agreement with any person affected as to the grant of the powers required by the Secretary, the
Secretary may enter any land or building described in the scheme mentioned in section 5 and situate wholly or partly
within the works area or wholly or partly within 70 metres thereof for the purpose of-
(a) making any inspection, valuation, site investigation or test, including drilling, excavation or the
installation or removal of instruments;
(b) surveying or taking levels;
(c) setting out any line of works,
in connexion with the works, the use, an assessment of the value of any land, building or other property or in order to
ascertain the condition of the land or building; and the Secretary may also enter any such land or building and carry
out, at the cost of the Crown, all reasonably necessary operations of a preventive or remedial nature.
(2) No person shall, for the purposes of subsection (1), enter any land or building which is occupied without
giving at least 28 days' notice of his intention so to do, unless the Secretary is of the opinion that an emergency exists
which necessitates immediate entry.
(3) A notice of entry referred to in subsection (2)-
(a) shall describe the purpose of the entry and the nature of any operations to be carried out; and
(b) shall be served on the owner and the occupier of the land or building.
(4) In subsection (1) "operations of a preventive or remedial nature" (屬預防或補救性質的作業) means the
underpinning or strengthening of any land or building and other work thereon intended to render it reasonably safe or
to repair or detect damage caused by the works or the use.
(5) The decision of the Secretary that any operations are of a preventive or remedial nature or that such
operations are reasonably necessary shall be final.
(6) The Secretary may, as occasion may require, enter any land or building in respect of which any of the
powers contained in subsection (1) have been exercised and may in relation to that land or building exercise such
powers, subject to subsection (2), as often as occasion may require.
Section: 20 Utility services 36 of 2000 16/06/2000
(1) The Secretary may give notice to the owner of any gas, electricity, water or telecommunications service
apparatus situated on any unleased Government land requiring him, at his own expense (subject to any contract
between that owner and the Government), to alter the course or position of any wire, line, cable, pipe, tube, casing,
duct, post or other apparatus the nature of which was described in the scheme mentioned in section 5 and which
belongs to or is maintained by that owner and to repair any road surface thereby disturbed if in the opinion of the
Secretary such alteration and repair is required for the purposes of or incidental to the works or the use. (Amended 36
of 2000 s. 28)
(2) A notice under subsection (1) shall-
(a) specify the nature of apparatus to which the notice applies and set out the Secretary's requirements as
to the alteration of its course or position and the repair of any road surface;
(b) stipulate the period within which such work shall be carried out; and
(c) be served upon the owner not later than 1 month before the commencement of that period.
(3) The period mentioned in subsection (2)(b) shall be a period which is reasonably necessary for the carrying
out of the Secretary's requirements as mentioned in subsection (2)(a) and, before stipulating a period, the Secretary
shall consult the owner of the apparatus to which the notice applies.
(4) If the owner does not comply with the notice given to him under subsection (1), the Secretary may carry out
the operations mentioned in that notice and, subject to any contract between that owner and the Government, recover
the cost thereof from the person to whom the notice was given.
(Amended 29 of 1998 s. 105)
Section: 21 Removal of projections or obstructions 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 10
(1) The Secretary may give notice to the owner of any land or building described in the scheme mentioned in
section 5 requiring him to remove any object or structure described in the notice which is attached to or projects from
the land or building if in the opinion of the Secretary the removal of the object or structure is necessary for the
purposes of or incidental to the works or the use.
(2) A copy of the notice under subsection (1) shall be given to any occupier of the land or building known to
the Secretary.
(3) A notice under subsection (1) shall-
(a) describe the object or structure to be removed;
(b) stipulate the period within which the work of removal shall be carried out;
(c) be given to the owner and occupier of the land or building not later than 28 days before the
commencement of that period; and
(d) state that any person having a compensatable interest under this Ordinance may serve a written claim
upon the Secretary.
(4) If the owner of the land or building does not comply with a notice given to him under subsection (1), the
Secretary may enter the land or building, together with such other persons as he thinks necessary, and remove the
object or structure described in the notice or cause it to be removed by those other persons at the expense of the
Crown.
(5) An object or structure removed under subsection (4), whether or not it was erected or maintained in
contravention of any Ordinance or Government lease or other instrument under which the land is held, may be
disposed of as the Secretary thinks fit. (Amended 29 of 1998 s. 105)
Section: 22 Control of building plans and commencement of work 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105
(1) Notwithstanding the Buildings Ordinance (Cap 123), where the Building Authority is of the opinion that
any building works on land described in the scheme mentioned in section 5 would be incompatible with the works or
the use, he may to such extent as is necessary to avoid such incompatibility-
(a) refuse to give his approval to any plan or to consent to the commencement of the building works;
(b) if there is no subsisting consent to the commencement of the building works, withdraw any approval
which he has or is deemed to have given to any plan;
(c) require the amendment of any plan relating to the building works;
(d) impose conditions, whether as to time or otherwise, on the giving of approval to plans relating to the
building works or consent to commence such works.
(2) The carrying out of any building works-
(a) contrary to any refusal under subsection (1)(a) or following any withdrawal of approval under
subsection (1)(b); or
(b) otherwise than in accordance with any plan amended under subsection (1)(c) or condition imposed
under subsection (1)(d),
shall, for the purposes of sections 23 and 24 of the Buildings Ordinance (Cap 123), be deemed to constitute a
contravention of that Ordinance.
(3) The powers of the Building Authority under this section shall arise as soon as a plan, a substitute plan or an
amendment to a plan has been deposited under section 8(1):
Provided that, as soon as reasonably practicable after the Governor in Council has made a decision under section
11(2) or 11 (4), the Building Authority shall-
(a) review his action under subsection (1);
(b) vary such action so that it is consistent with that decision.
(4) Where the Building Authority acts under subsection (1), he shall advise the person who intends to carry out
the building works of the particulars in respect of which he is of the opinion that the building works would be
incompatible with the works or the use.
(5) Where-
(a) the Building Authority refuses, under subsection (1)(a), to give his approval to any plan or to consent
to the commencement of the building works or withdraws, under subsection (1)(b), any approval; and
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 11
(b) he maintains a refusal or withdrawal after reviewing his action under the proviso to subsection (3); and
(c) he advises, under subsection (4), that any building works on the land specified by him would be
incompatible with the works or the use; and
(d) the building works and any plan relating thereto are consistent with the Government lease or other
instrument under which the land is held and with any law or requirement made under any law,
(Amended 29 of 1998 s. 105)
the owner of that land may, by notice in writing to the Secretary, require that the land mentioned in paragraph (c) be
resumed under this Ordinance.
(6) Where-
(a) the Building Authority imposes, under subsection (1)(d), a condition delaying building works; and
(b) he maintains that condition after reviewing his action under the proviso to subsection (3); and
(c) he advises, under subsection (4), that, for the time being, building works on the land specified by him
would be incompatible with the works or the use; and
(d) he does not, on application in writing made not less than 2 years after imposition of that condition,
grant approval and consent to commence the building works to allow them to commence within 12
months; and
(e) the building works and any plan relating thereto are consistent with the Government lease or other
instrument under which the land is held and with any law or requirement made under any law,
(Amended 29 of 1998 s. 105)
the owner of that land may, by notice in writing to the Secretary, require that the land mentioned in paragraph (c) be
resumed under this Ordinance.
(7) Where the owner gives notice under subsection (5) or (6), the Governor shall, unless the notice is
withdrawn, make an order under section 13(1) in respect of the land mentioned in paragraph (c) of subsection (5) or
(6) not more than 28 days after receipt of the notice by the Secretary, and the period of notice specified in the order
under section 13(2) shall be not longer than 28 days.
(8) Where-
(a) the Building Authority imposes, under subsection (1)(d), a condition delaying building works; and
(b) he maintains that condition after reviewing his action under the proviso to subsection (3); and
(c) he advises, under subsection (4), that, for any period specified by him, building works on the land
specified by him would be incompatible with the works or the use; and
(d) the building works and any plan relating thereto are consistent with the Government lease or other
instrument under which the land is held and with any law or requirement under any law, (Amended 29
of 1998 s. 105)
any person having a compensatable interest in that land may apply to the Governor in Council for an order that the
land mentioned in paragraph (c) be resumed under this Ordinance and the Governor in Council may, if he thinks it just
and equitable to do so, make such an order.
(9) Where the Governor in Council makes an order under subsection (8), the Governor shall make an order
under section 13(1) in respect of the land mentioned in paragraph (c) of subsection (8) not more than 28 days after the
order under subsection (8) and the period of notice specified in the order under section 13(2) shall be not longer than
28 days.
Section: 23 Resumption of land on application 30/06/1997
(1) Where any land is resumed under section 13, any road is closed or any private right extinguished, modified
or restricted under section 17 and the Governor is of the opinion that-
(a) that land, road or right is reasonably necessary to the use and enjoyment of any contiguous or adjacent
land; and
(b) it would be just and equitable to make an order under this subsection,
the Governor may, on the application of any person having a compensatable interest in that contiguous or adjacent
land, make an order under section 13(1) in respect of that contiguous or adjacent land, whether or not it is within the
works area. (Amended L.N. 446 of 1994)
(2) Any person aggrieved by a decision of the Governor under subsection (1) not to make an order under
section 13(1) may apply to the Lands Tribunal to review such decision.
(3) Upon an application under subsection (2), the Lands Tribunal may, if it is satisfied as to the facts mentioned
in subsection (1), make an order under section 13(1) in respect of the contiguous or adjacent land, whether or not it is
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 12
within the works area.
Section: 24 Obstruction 30/06/1997
Any person who wilfully obstructs any person lawfully exercising or performing any power, duty or function
arising under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to
imprisonment for 1 year.
Part: III RIGHTS TO COMPENSATION AND CLAIMS
PROCEDURE
30/06/1997
Section: 25 No right to compel or restrain 30/06/1997
No person shall have any right against the Crown or any other person to restrain or compel anything authorized
under this Ordinance.
Section: 26 No recovery of money except under this Ordinance 30/06/1997
No person shall have any right against the Crown or any other person to recover any money-
(a) in respect of any use authorized under this Ordinance; or
(b) in respect of any works or anything else authorized under this Ordinance except to the extent of the
rights to compensation provided for in section 27.
Section: 27 Compensation 30/06/1997
(1) The compensation referred to in section 26 is the right to recover from the Crown for the matters set out in
the first column of Part II of the Schedule a sum assessed on the basis specified opposite thereto in the second column
thereof and with regard to the provisions of Part I of the Schedule, subject to-
(a) the claim being served on the Secretary within the appropriate period specified in the fourth column of
Part II of the Schedule; and
(b) the other provisions of this Ordinance.
(2) Every person who is described in the third column of Part II of the Schedule shall have the right to recover
compensation for the matters set out opposite thereto in the first column to the extent suffered or incurred by him as
assessed under this Ordinance.
(3) The rights to compensation mentioned in the Schedule shall exist in addition to any benefit accruing to a
claimant as a result of the implementation of any subsisting conditions imposed by the Governor in Council under
section 11(2).
Section: 28 Claims out of time 30/06/1997
(1) Subject to subsections (2) and (6), if a claim or an amendment thereto is not served on the Secretary before
the expiration of the period specified in the fourth column of Part II of the Schedule in respect of that matter, the right
to claim compensation therefor shall be barred. (Amended 81 of 1988 s. 5)
(2) The period referred to in subsection (1) may, upon application made to the Lands Tribunal either before or
after the expiry of that period, be extended in accordance with this section.
(3) Notice of an application under subsection (2) shall be given to the Secretary by the applicant.
(4) The Lands Tribunal may extend the period within which a claim must be served upon the Secretary if it
considers that the delay in serving the claim was occasioned by mistake of fact or mistake of any matter of law (other
than the relevant provision in the fourth column of Part II of the Schedule) or by any other reasonable cause or that the
Crown is not materially prejudiced in the conduct of its case or otherwise by the delay.
(5) An extension may be granted by the Lands Tribunal under subsection (4), with or without conditions for
such period as it thinks fit but not in any case exceeding 6 years from the time when the right to compensation first
arose.
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 13
(6) Without prejudice to subsections (2) to (5), where an order has been made under section 13(1), 15(1) or
17(1) and notice of the order has not been served in accordance with section 14(1)(a), 16(1)(a) or 18(1)(a)
respectively, the Secretary may, if satisfied that the claimant has not had actual notice of the order, accept service of a
claim after the period specified in the fourth column of Part II of the Schedule for such service, and if he does so, the
claim shall be deemed to have been served within that period. (Added 81 of 1988 s. 5)
Section: 29 Claims procedure 30/06/1997
(1) Any person who claims to be entitled to compensation under this Ordinance shall serve upon the Secretary
a written claim setting out such of the following particulars as are applicable to his claim-
(a) the name of the claimant, and his address for service of notices;
(b) a full description of the land to which the claim relates including any covenants, easements, rights or
restrictions affecting the same;
(c) the nature of the claimant's interest in the land including in the case of a sub-lessee or sub-tenant his
landlord's name and address and details of the sub-lease or tenancy;
(d) details of any mortgage, including the principal still owing and name and address of the mortgagee;
(e) if the claimant has let the land or any part thereof, the name and address of each tenant and details of
his lease or tenancy;
(f) particulars of the claim showing-
(i) the amount of the claim;
(ii) under which item of Part II of the Schedule the claim is made; and
(iii) how the amount claimed under each item is calculated.
(2) The Secretary shall in writing acknowledge receipt and the date of receipt of every claim served on him
under subsection (1).
(3) If a claimant amends his claim before proceedings are commenced in the Lands Tribunal and the Secretary
considers the amendment to be substantial, the Secretary may, within 28 days of the receipt of the amended claim,
notify the claimant that he elects to treat the claim, for the purposes of this section, as if it were a new claim served
under subsection (1) on the date on which the amendment was received by the Secretary, and this section shall apply
accordingly.
(4) The Secretary may by notice in writing to the claimant request him to furnish further particulars of and in
support of his claim or any item thereof and if any such particulars are not furnished to the Secretary within a period
of 28 days from the date of the notice, or within such further period as the Secretary may in writing allow, the claim or
the item thereof concerning which the particulars are requested shall be deemed to be rejected and subsection (5) shall
not apply thereto.
(5) The Secretary shall within 6 months of the service of a claim on him or, if he has requested further
particulars under subsection (4) within 6 months of the day on which they are furnished in accordance with that
subsection, notify the claimant in writing that he-
(a) admits the entire claim; or
(b) rejects the entire claim; or
(c) admits a specified part or parts and rejects the remainder,
and in every case shall briefly state his reasons for rejection so that the claimant is adequately informed of those
reasons:
Provided that the Secretary may at any time state further reasons for rejection of claim.
(6) Where the Secretary has rejected a claim or any part thereof under subsection (5) or where a claim or any
part thereof is deemed to have been rejected under subsection (4) the Secretary may-
(a) by notice in writing offer to the claimant such sum, including costs as agreed or taxed, as the Crown is
willing to pay in full and final settlement of the claim or any part thereof;
(b) commence proceedings in the Lands Tribunal, to have the claim or any part thereof in respect of which
no offer is made heard and determined by it in accordance with this Ordinance;
(c) commence such proceedings in the Lands Tribunal where any offer under paragraph (a) is not accepted
by the claimant within 28 days of the date of the offer.
(7) If, after the expiry of 7 months from the receipt of a claim by the Secretary, it has not been settled by
agreement, either the claimant or the Secretary may commence proceedings in the Lands Tribunal to have the claim,
or so much thereof as is still then in dispute heard and determined by it under this Ordinance.
(8) In any case where the claimant has failed to supply further particulars required by the Secretary in
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 14
accordance with subsection (4), the Lands Tribunal may on the hearing of the claim consider the merits of the
Secretary's request for further particulars and the claimant's failure to supply them and may, if it thinks fit-
(a) order the claimant to supply some or all of the particulars; and
(b) adjourn the hearing until the order is complied with and the particulars are considered by the Secretary;
and
(c) make such further order as it thinks fit as to the costs of either party occasioned by the Secretary's
request for and the claimant's failure to supply the further particulars.
Section: 30 Settlement after reference to Lands Tribunal 30/06/1997
(1) At any time after proceedings have been commenced in the Lands Tribunal but before compensation is
finally assessed the Secretary may make an offer in writing of the kind described in section 29(6)(a) or the claimant
may by notice to the Secretary state a sum (inclusive or exclusive of costs) which he is willing to accept in full and
final settlement of his claim or any rejected part thereof.
(2) Where an offer made by the Secretary pursuant to section 29(6)(a) or by the Secretary or the claimant
pursuant to subsection (1) is not accepted by the other party, no part of the contents thereof which relates to any part of
a claim before the Lands Tribunal shall be disclosed to that Tribunal until the amount of compensation for that part is
assessed by it; but a copy of the offer enclosed in a sealed envelope may be lodged with the registrar of the Lands
Tribunal and opened by it after it has made its assessment. (Amended L.N. 446 of 1994)
(3) Where the Secretary has made any offer under section 29(6)(a) or subsection (1), including costs as agreed
or taxed, which is not accepted by the claimant and the compensation assessed by the Lands Tribunal does not exceed
the amount of compensation comprised in the offer, the Lands Tribunal shall, unless for special reason it thinks it
proper not to do so, order the claimant to bear his own costs and to pay the costs of the Secretary in so far as the costs
are incurred after the making of the offer.
(4) Where the claimant states a sum which he is willing to accept under subsection (1) which is not paid by the
Secretary and the compensation assessed by the Lands Tribunal is not less than that sum, the Lands Tribunal shall,
unless for special reason it thinks it proper not to do so, order the Secretary to bear his own costs and to pay the costs
of the claimant.
Part: IV ASSESSMENT AND AWARD OF COMPENSATION 30/06/1997
Section: 31 Jurisdiction of Lands Tribunal 30/06/1997
(1) The Lands Tribunal shall have jurisdiction to hear and determine in accordance with this Ordinance-
(a) all claims for compensation which the Secretary or the claimant may refer to it under section 29(6) or
(7); and
(b) applications provided for by sections 23(2) and 28(2).
(2) The Lands Tribunal shall also have jurisdiction to award compensation or any part thereof to a claimant if at
the time of the award it has no notice or intimation of any dispute as to his entitlement; but the making of any such
award shall not affect the entitlement to receive compensation under this Ordinance of any other person who may
thereafter be held by a court of competent jurisdiction to have a better title to the compensation or any part thereof
than the person to whom it was awarded.
(3) An award of compensation under subsection (2) shall not in any way affect the entitlement of a mortgagee
to be paid compensation in accordance with section 32.
Section: 32 Payment to mortgagees 25 of 1998 ; 29 of
1998
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 29 of 1998 s. 105
(1) Subject to subsection (2), a mortgagee of land which reverts to the Government or vests in The Financial
Secretary Incorporated under this Ordinance shall, in so far as he has priority as against any other mortgagee, be
entitled to be paid so much of any compensation as is required to discharge his mortgage debt including any interest
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 15
thereon. (Amended L.N. 180 of 1985; 29 of 1998 s. 105)
(2) If compensation is payable under this Ordinance otherwise than for land resumed or if the land to which
compensation relates is part only of the mortgage security a mortgagee shall, in so far as he has priority as against any
other mortgagee, be entitled to be paid so much of the compensation as is necessary to reduce his mortgage debt to an
amount which is adequately secured by the land or the remaining land as the case may be.
(3) The payment of compensation, as required by subsections (1) and (2), shall be made in accordance with the
written agreement of the claimant and every mortgagee of the land or failing such agreement in accordance with an
order of the High Court under subsection (4).
(4) The claimant or any mortgagee may apply to the High Court for an order as to the payment of unpaid
compensation and on any such application the Court may make such order as it thinks just and equitable having regard
to the requirements of subsections (1) and (2).
(Amended 25 of 1998 s. 2)
Section: 33 Interest 6 of 2001 12/04/2001
Remarks:
For the validation of interest payments and application provisions relating to the amendments made by 6 of 2001, see
section 13 of 6 of 2001.
(1) The Lands Tribunal may direct that interest be paid on compensation (but not on costs)- (Amended 6 of
2001 s. 9)
(a) in the case of compensation payable under item 1 of Part II of the Schedule, as if the claim were made
under the Lands Resumption Ordinance (Cap 124) for land resumed under that Ordinance; and
(Amended 29 of 1998 s. 78)
(b) in any other case, from such date and for such period as it thinks fit and, subject to subsection (2), at
such rate as it may fix. (Amended 6 of 2001 s. 9)
(2) The rate of interest fixed under subsection (1)(b)-
(a) in respect of a working day must not be lower than the lowest of the interest rates paid on deposits at
24 hours' call by note-issuing banks at the close of business on that day; and
(b) in respect of a non-working day must not be lower than the lowest of the interest rates paid on deposits
at 24 hours' call by note-issuing banks at the close of business on the last working day before that day.
(Added 6 of 2001 s. 9)
(3) In this section-
"non-working day" (非工作日) means a day that is not a working day;
"note-issuing bank" (發鈔銀行) has the meaning assigned to it by section 2 of the Legal Tender Notes Issue
Ordinance (Cap 65);
"working day" (工作日) means any day other than-
(a) a public holiday; or
(b) a gale warning day or black rainstorm warning day as defined in section 71(2) of the Interpretation and
General Clauses Ordinance (Cap 1). (Added 6 of 2001 s. 9)
Section: 34 Compensation payable out of general revenue 30/06/1997
All compensation (including any interest thereon) and all costs-
(a) agreed to be paid to the claimant by the Secretary; or
(b) awarded by the Lands Tribunal against the Crown,
shall be paid out of the general revenue within 3 months of the agreement or final award, unless there is a dispute as to
the person entitled to such compensation.
Section: 35 Surrender of title documents 30/06/1997
The Secretary may require any claimant to whom compensation is payable for land resumed under this
Ordinance to surrender his documents of title to the Secretary as a condition of payment being made; and in any case
where the documents of title relate also to land not resumed, the Secretary shall return them to the claimant after the
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 16
resumption has been noted in the register of the land kept in the Land Registry.
(Amended 8 of 1993 s. 2)
Part: V MISCELLANEOUS 30/06/1997
Section: 36 Certain statements to be conclusive evidence 30/06/1997
Where it is stated-
(a) in any order under section 13(1), 15(1) or 17(1) respectively that-
(i) the resumption of land;
(ii) the creation of an easement or other right; or
(iii) the closure, reclamation, extinction, modification or restriction,
is ordered or declared for the purposes of or incidental to the works or the use; or (Amended 8 of 1987
s. 3)
(b) in a notice under section 19, 20 or 21 that the entry or the work therein described or required to be
carried out is, in the opinion of the Secretary, in connexion with the works, the use, an assessment of
the value of any land, building or other property or in order to ascertain the condition of the land or
building or necessary or required for the works or the use; or
(c) by the Secretary that-
(i) any works are minor in respect of any physical or structural operations involved; or
(ii) a road does not serve any useful purpose or does not serve any lawful purpose,
then such statement shall be accepted by all courts, tribunals and persons as conclusive evidence of the truth of the fact
so stated.
Section: 37 Disposal of lands and easements 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 105
Any land resumed or any Government foreshore or sea-bed reclaimed or any easement or other right created
under this Ordinance and any land which becomes vested in The Financial Secretary Incorporated may be used in such
manner as the Government or The Financial Secretary Incorporated thinks fit and may be disposed of to any person by
any means and on any terms whatsoever: (Amended L.N. 180 of 1985)
Provided that, before disposing of any land resumed under this Ordinance to any other person, the Government
shall give proper consideration to offering that land back to the person from whom it was resumed.
(Amended 29 of 1998 s. 105)
Section: 38 Certain Ordinances not to apply 29 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 78
Except to the extent that provision is otherwise made in this Ordinance-
(a) the Lands Resumption Ordinance (Cap 124) shall not apply to the resumption of any land ordered
under section 13 nor to any claim for or determination, award or payment of compensation for such
resumption; (Amended 29 of 1998 s. 78)
(b) the Foreshore and Sea-bed (Reclamations) Ordinance (Cap 127) shall not apply to an order made under
section 17(1) nor to the implementation or effects thereof; and (Amended 63 of 1985 s. 21)
(c) the Buildings Ordinance (Cap 123) shall not apply to the works or use for the purpose of giving rise to
any claim for compensation.
Section: 39 (Spent) 30/06/1997
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 17
Section: 40 (Spent) 30/06/1997
Section: 41 (Spent) 30/06/1997
Section: 42 Transitional L.N. 106 of 2002 01/07/2002
(1) Notwithstanding the repeal of the Streets (Alteration) Ordinance (Cap 130, 1974 Ed.) and subject to
subsection (2) of this section, that Ordinance shall continue to apply to any works included in an undertaking in
respect of which a notice has been published under section 3 of that Ordinance.
(2) Notwithstanding anything done under section 3 of the repealed Streets (Alteration) Ordinance (Cap 130,
1974 Ed.) and subject to subsection (3) of this section, the Secretary for Transport may cease to act under that
Ordinance and act under section 4 or 5 of this Ordinance in relation to any works if, and only if, no authority has been
given under section 6 of that Ordinance in respect of any undertaking which includes those works. (Amended L.N.
106 of 2002)
(3) Where an undertaking which has been authorized under section 6 of the repealed Streets (Alteration)
Ordinance (Cap 130, 1974 Ed.) is abandoned and the Secretary for Transport proposes to carry out any works in place
of and substantially different to the abandoned undertaking, he may act under section 4 or 5 of this Ordinance in
relation to those works. (Amended L.N. 106 of 2002)
(4) Where, under subsection (2) or (3) of this section, the Secretary for Transport acts under section 4 or 5 of
this Ordinance in relation to any works, this Ordinance shall apply to those works; and no person shall have any right
against the Crown or any other person in relation to those works except under this Ordinance. (Amended L.N. 106 of
2002)
(5) (Repealed 51 of 1982 s. 2)
(6) Where immediately before the commencement of the Roads (Works, Use and Compensation) (Amendment)
Ordinance 1998 (14 of 1998) ("the amending Ordinance"), a notice had been published under section 8 in respect of
any plan and scheme, the periods specified in section 11(1A)(a) and (b) respectively shall be calculated as from-
(a) the commencement of the amending Ordinance; or
(b) the expiry of the time for the lodging of objections under section 10,
whichever is the later. (Added 14 of 1998 s. 3)
Schedule: SCHEDULE L.N. 307 of 1998 04/09/1998
[sections 27 & 28]
PART I
1. General effect of this Part
The provisions in this Part shall, where applicable, have effect for the purpose of assessing compensation under
Part II of this Schedule and shall-
(a) be in addition to such of the provisions of the Lands Resumption Ordinance (Cap 124) as apply, by
virtue of Part II, to the assessment of compensation; and (Amended 29 of 1998 s. 78)
(b) prevail over any provision referred to in sub-paragraph (a) which is inconsistent or in conflict with a
provision in this Part.
2. Definitions applicable to Part II
In this Schedule-
"date of resumption" (收回日期) means the day on which land reverts to the Government or vests in The Financial
Secretary Incorporated under section 13(3); (Amended L.N. 180 of 1985; 29 of 1998 s. 105)
"disturbance" (騷擾) means the dispossession of a person of land or the interruption of or interference with a trade or
business, whether such dispossession, interruption or interference is temporary or permanent;
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 18
"disturbance payment" (騷擾補償金) means a sum equal to-
(a) the expenditure and loss of money actually and reasonably incurred or to be reasonably incurred and
arising from the dispossession of a person of land by reason of the matter for which the claimant is
entitled to claim compensation under Part II of the Schedule; and
(b) in the case of disturbance of a trade or business on any land, the expenditure and loss of money
actually and reasonably incurred or to be reasonably incurred and arising from the disturbance of that
trade or business by reason of the matter for which the claimant is entitled to claim compensation
under Part II of the Schedule:
Provided that a disturbance payment shall not include any expenditure or loss which would not be
recoverable, on the grounds that the expenditure or loss was too remote or was not caused by the disturbance, if
that disturbance were a tort;
"open market value" (公開市場價值) means the amount which the land, if sold in the open market by a willing
seller, might reasonably be expected to realize.
3. Fluctuations in value of land
Subject to paragraphs 8 and 10, where the open market value of any land is relevant for the purposes of
assessing compensation under this Ordinance, no account shall be taken of any increase or decrease in that value
which is attributable to anything done or proposed to be done under this Ordinance or to the use.
4. Disturbance payments
(1) For the purposes of assessing the amount to be awarded to a claimant in respect of a disturbance payment,
the Lands Tribunal shall, in respect of any expenditure or loss to be incurred and in respect of which the claimant is
entitled under this Ordinance to be compensated, assess the value of that expenditure or loss at the time of the award
as if that expenditure or loss formed part of a claim for damages in tort.
(2) No disturbance payment shall be payable in respect of any interference with a trade or business in any case
in which such interference does not subsist for a period exceeding 14 days.
5. Unlawful building works
Compensation may be reduced so far as may be just and equitable in respect of any building or part thereof
which has been constructed or modified, or on which building works have been carried out, so as to amount to a
contravention of the Buildings Ordinance (Cap 123) being a contravention within the meaning of that Ordinance or to
a contravention of a Government lease or other instrument under which land built upon is held.
(Amended 29 of 1998 s. 105)
6. Compensation where damage results only partly from the works
The compensation assessed under item 6 or 7 of Part II of this Schedule shall be reduced to such extent as may
be just and equitable having regard to the share in the responsibility for the loss or damage not reasonably attributable
to or connected with the works.
7. No compensation under item 8 for loss of advertising
Where a sign advertising any business, product, service or activity is removed under section 21, nothing in item
8 of Part II of this Schedule shall be construed as conferring upon any person a right to compensation for the loss of
any benefit which might have accrued to him from the advertising of that business, product, service or activity if the
sign had not been removed.
8. Set off where compensation paid for loss
of value and land later resumed
Where compensation under item 2, 3, 4, 5, 8 or 9 of Part II of this Schedule has been paid in respect of the
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 19
diminution in value of any land and such land or part thereof is subsequently resumed by the Government under this
Ordinance or any other enabling power, then notwithstanding paragraph 3 of this Part of this Schedule or any other
provision of law to the same or similar effect, that diminution in value shall be taken into account to reduce the
compensation for the resumption of that land in so far as it was taken into account in the assessment of compensation
for the diminuting in value thereof.
(Amended 29 of 1998 s. 105)
9. Claim by a mortgagee in possession
Where under this Ordinance a claim for compensation may be made by a mortgagee in possession- (Amended
L.N. 307 of 1998)
(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 firstly, to the settlement
or reduction of the debt due under the mortgage and then to the payment of any excess to the
mortgagor.
10. Limitation on compensation payable under item 9
Compensation shall be payable under item 9 of Part II of this Schedule only to the extent that the carrying out of
building works in accordance with an amendment required, or condition imposed, under section 22(1)(c) or (d) does
not increase the open market value of the land on which the building works are carried out.
11. Apportionment of compensation
Where there is a dispute between persons owning compensatable interests in any land or building as to the
apportionment of the compensation payable or paid, the Lands Tribunal shall, on the application of any such person,
apportion that compensation amongst such persons in such manner as may be just and equitable having regard to their
respective rights and interests in the
land or building.
12. Date of valuation and interest
Where, under the second column of Part II of this Schedule, compensation is to be assessed on the basis of the
value of land, or the value of a claimant's interest in land, or of a rent, that value or that rent shall be assessed as at the
date of the happening of the relevant event mentioned in the first column of Part II of this Schedule; and the person
entitled to claim shall be the person fitting the description mentioned in the third column of Part II of this Schedule on
that date.
13. No double compensation
Nothing in this Ordinance shall enable any person to recover compensation-
(a) in respect of a loss or expense which he has not suffered or incurred; or
(b) which is greater than the loss suffered or expense incurred by him:
Provided that in assessing compensation under this Ordinance, no account shall be taken of any amount
recovered by the claimant under a policy of insurance.
14. Government may undertake work
Where, under this Ordinance, a person is entitled to claim compensation and that compensation is to be assessed
on the basis of an expense incurred, the Government may, on written notice to that person, carry out the operations in
respect of which the expense would otherwise be claimable.
(Amended 29 of 1998 s. 105)
PART II
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 20
Matters 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 Secretary
1. The resumption of land
under section 13.
As if the claim were made
under the Lands
Resumption Ordinance
(Cap 124) for land
resumed under that
Ordinance. (Amended 29
of 1998 s. 78)
Any person who would to
entitled to claim
compensation for land
resumed under the Lands
Resumption Ordinance (Cap
124) if the land had been
resumed thereunder.
(Amended 29 of 1998 s. 78)
Before the expiration of 1
year from the date of
resumption.
2. (a) The creation of an
easement or other
permanent right or a
right of temporary
occupation under
section 15.
(a) (i) In the case of an
easement or other
permanent right,
the amount by
which the open
market value of
the claimant's
interest in the land
is diminished.
(ii) In the case of the
creation of a right
of temporary
occupation, the
amount of an open
market rent for
claimant's interest
in the land
occupied during
the period of the
easement.
(a) Any person owning a
compensatable interest
in the land.
(a) Before the expiration
of 1 year from the
date on which the
easement or right is
created.
(b) Disturbance resulting
from the creation of an
easement or other
permanent right or a
right of temporary
occupation under
section 15.
(b) A disturbance
payment.
(b) Same as in item 2(a). (b) Same as in item 2(a).
3. (a) The extinction, by the
operation of section
13(3), of any easement
in favour of land not
resumed when
adjacent or contiguous
land is resumed.
(a) The expense fairly and
reasonably incurred in
remedying or
mitigating the effect of
the extinction effect of
the extinction of the
easement, as far as
may be practicable,
and any diminution in
the open market value
of the claimant's
interest in the land not
resumed after such
(a) Any person owning a
compensatable interest in
the land not resumed.
(a) Before the expiration
of 1 year from the
date of resumption of
the adjacent or
contiguous land.
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 21
expense has been
incurred.
(b) Disturbance resulting
from the extinction of
that easement.
(Amended L.N. 446 of
1994)
(b) A disturbance
payment.
(b) Same as in item 3(a). (b) Same as in item 3(a).
4. The closure of, or
extinction, modification
or restriction or a private
right in respect of, a road
or part of a road under
section 17, so that access
to any land is adversely
affected.
(a) The expense fairly and
reasonably incurred in
remedying or
mitigating the effect of
such closure,
extinction,
modification or
restriction, as far as
may be practicable,
and any diminution in
the open market value
of the claimant's
interest in the land
after such expense has
been incurred.
Any person owning a
compensatable interest in the
land.
Before the expiration of 1
year from the closure,
extinction, modification
or restriction.
(b) A disturbance
payment.
5. (a) The extinction,
modification or
restriction of any
private right over
Government foreshore
or sea-bed under
section 17. (Amended
29 of 1998 s. 105)
(a) The amount which is
fairly and reasonably
assessed to be the
open market value of
the right and, where
the claimant has a
compensatable interest
in contiguous or
adjacent land, any
diminution in the open
market value of that
interest.
(a) Any person in whom the
private right is vested.
(a) Before the expiration
of 1 year from the
date of extinction,
modification or
restriction.
(b) Disturbance
resulting from that
extinction, modification
or restriction.
(b) A disturbance
payment.
(b) Same as in item 5(a). (b) Same as in item 5(a).
6. (a) Physical or structural
damage to any land or
building resulting
from the works.
(a) The expense which is
fairly an reasonably
incurred in repairing
the damage and any
expense fairly and
reasonably incurred in
preventing or
mitigating the damage.
(a) Any person owning a
compensatable interest in
the land or building.
(a) Before the expiration
of 1 year from the
date of the
completion of the
works.
(b) Disturbance resulting
from the 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).
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 22
7. (a) Physical or structural
damage to any land or
building resulting
from the exercise of
any power contained
in section 19.
(a) The expense which is
fairly and reasonably
incurred in repairing
the damage and any
expense fairly and
reasonably incurred in
preventing or
mitigating the damage.
(a) Any person owning a
compensatable interest in
the land or building.
(a) Before the expiration
of 1 year from the
date of completion of
the operations carried
out under section 19
from which the
damage is alleged to
have resulted.
(b) Disturbance resulting
from the exercise of
any power contained
in section 19.
(b) A disturbance
payment.
(b) Same as in item 7(a). (b) Same as in item 7(a).
8. (a) The removal, under
section 21, of any
object or structure
which was erected and
maintained without
the contravention of
any Ordinance or
Government lease.
(Amended 29 of 1998
s. 105)
(a) Any diminution in the
open market value of
the claimant's interest
in the land or building;
and the expense which
is fairly and
reasonably incurred in
moving the object or
structure and making
good that part of the
building from which it
is removed.
(a) Any person owning a
compensatable interest in
the land or building.
(a) Before the expiration
of 1 year from the
date of removal.
(b) Reinstating an object
or structure described
in item (a) above or of
replacing the same
with a similar object
or structure.
(b) The expense fairly and
reasonably incurred in
so doing in so far as
that expense is not
taken into account
under item 8(a).
(b) Same as in item 8(a). (b) Before the expiration
of 1 year from the
date of reinstatement
or replacement.
(c) The loss sustained in
respect of an object or
structure which was
erected and
maintained without
the contravention of
any Ordinance or
Government lease and
is not to be reinstated
or replaced with a
similar object or
structure. (Amended
29 of 1998 s. 105)
(c) The amount which is
fairly and reasonably
estimated as the value
of the object or
structure.
(c) Any person owning a
share or interest in the
object or structure.
(c) Before the expiration
of 1 year from the
date of removal.
(d) Disturbance resulting
from the exercise of
any power contained
in section 21.
(d) A disturbance
payment.
(d) Same as in item 8(a). (d) Same as in item 8(a).
9. An amendment required
or a condition imposed,
under section 22(1)(c) or
(d) (other than a condition
mentioned in section
22(6)), to avoid
incompatibility with the
The amount which is
fairly and reasonably
estimated as the loss to
the claimant, including-
(i) any additional
expense fairly and
reasonably
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.
Cap 370 - ROADS (WORKS, USE AND COMPENSATION) ORDINANCE 23
works. incurred in
carrying out
building works;
and
(ii) in respect of
professional fees
and expenses,
which loss,
expense, fees and
expenses are
attributable solely
to compliance
with the
amendment
required or the
condition
imposed.
