C.S. 84

RESTRICTED

3

XCR(74)199

(a)

(b)

(c)

(d)

The original lot reverted to the Crown in 1963 by effluxion of time and was not surrendered to the Crown.

Messrs Wilkinson and Grist, who acted for the petitioner at the time of regrant, were informed by letter that payment of the second instalment of premium was outstanding in December 1965 and that the Crown had re-entered upon the lot in January 1966. They confirmed at the time, furthermore, that a copy of Government's letter concerning the out- standing premium instalment had been forwarded to their clients.

The petition omits all reference to the Re-development Notice and the Notice of Final Award under the Demolished Buildings (Re-development of Sites) Ordinance. Nor does it mention the petitioner's inability at the time to pay the protected tenants by way of compensation which, together with the petitioner's default in paying of the second instalment of premium, led to re-entry of the lot.

As the premises erected on the lot had been demo- lished by early February 1966 following closure by the Building Authority under section 18 of the Buildings Ordinance 1955, no rents could be collected and the last sentence in paragraph 11 of the petition is irrelevant.

It appears from the foregoing and the lapse of some nine years since re-entry proceedings were taken that the petition has no merit and should be rejected.

6

The lot is at present in the possession of the Crown and although small, could be redeveloped if re-entry were cancelled. It has been amalgamated with adjoining lots (950-960 Canton Road) and a joint re-development of the whole area owned by the Crown would be a much more attractive development. The area is zoned Commercial/ Residential in the Town Plan. It is intended that the site be allocated temporarily for use by cooked-food stalls. The Director of Urban Services has an urgent need to resite some cooked-food stalls in this area and the lot in question is well suited for this purpose.

7

Honourable Members will be asked to advise:

RESTRICTED

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