2 -
petitioner's request should be refused.
The petitioner knew
from the start that the permit could be cancelled at 3 months'
notice. He was given official notice in writing, more than a year in advance, that his permits were to be cancelled. He was also allowed to continue rock crushing for eighteen months after the cancellation of his quarry permit. Although Hong Kong are
not able to give the exact date of the construction of the access road, it appears that it was built in 1961 or 1962 and that the petitioner therefore enjoyed the use of it for some ten years altogether. The fact that the petitioner always knew that his quarry permit was liable to cancellation at three months' notice appears to rule out any claim for compensation.
5.
Hong Kong have now also described the circumstandes under which extensions were given to two other permit-holders after the petitioner's permits had been cancelled. Although it is clear that not all permit-holders were treated exactly equally, there were good reasons for the variations, mainly the unavail- ability of alternative sources of supply of aggregate, etc., in
the particular locality. I do not think this affects the fact that there was nothing improper in the Hong Kong Government's conduct towards the petitioner.
C
RECOMMENDATION
6.
I recommend that we should not accede to the petitioner's
request and I submit a draft despatch accordingly. If you agree,
we shall arrange for the despatch to be typed in the Department,
and for the Secretary of State's facsimile signature to be
affixed in the normal way for despatches to Governors. As I mentioned in my submission of 7 May, Chapter 3 Section 14(b) of
Dependent Territories Departmental Practice provides that an
Assistant Under Secretary of State may take a decision to support
the recommendation of the Governor on a petition.
R.1. horon
R B Crowson
Hong Kong & Indian Ocean Department
6 June 1974
/Mr Youde's