Page:Telecommunication Ordinance, 1962 (Cap. 106).pdf/8

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TELECOMMUNICATION
No. 46 of 1962.
213

Disputes as to compensation. 15. (1) Where any dispute arises as to—

(a) whether compensation is payable under subsection (2) of section 14;
(b) the amount of any such compensation; or
(c) the person to whom it is payable,

the dispute shall be referred to and determined by the District Court.

(2) For the purposes of this section, a dispute shall be deemed to have arisen where a claimant or the Authority or the licensee, as the case may be, has served notice of intention to refer the dispute to the District Court upon all other parties to the dispute, and the party who has served notice as aforesaid shall, within two months thereafter, refer the dispute to the District Court by notice served upon a deputy registrar of the Court giving particulars of the matter in dispute between the parties, and a copy of the last-mentioned notice shall, within the said period, be served upon all other parties.

(3) The District Court may order that the costs incurred by any party in proceedings before it under this section shall be paid by any other party, and may tax or settle the amount of any costs to be paid under any such order, or may direct the manner in which they are to be taxed.

(4) The Chief Justice may, subject to this Ordinance, make rules for regulating proceedings before the District Court under this section.

Removal, etc., of line or post where necessary by reason of use of land. 16. (1) Where any person desires to use land in a way that makes it necessary to remove to another part of the land a telecommunication line or a post maintained by the Authority or a licensee in, over or upon the land under section 14 or to alter such telecommunication line or post in any way, he may by notice in writing served upon the Authority or the licensee, as the case may be, require the removal or alteration of the line or post.

(2) Any expenses incurred by the Authority or the licensee in complying with a requirement under subsection (1) may be recovered from the person who made the requirement.

Trees interrupting telecommunication. 17. (1) If a tree standing or lying near a telecommunication line interrupts, or is likely to interrupt telecommunication, a magistrate may, upon application by the Authority or the licensee concerned, as the case way as to prevent the interruption, or the likelihood of the interruption, may be, order the tree to be removed or otherwise dealt with in such a of telecommunication and, if the tree was in existence at the time the telecommunication line was placed in, over or upon the land, may order the Authority or the licensee, as the case may be, to pay to the owner of the tree such sum by way of compensation as he thinks reasonable.