CONFIDENTIAL
機密
XCC(74)45
2
The scope and content of the proposed legislation is such as to require the enactment of one ordinance dealing with all related land acquisition matters for the Mass Transit Railway.
3
The bill was prepared on the basis of drafting instructions given by the Mass Transit Steering Group and has been examined by the Mass Transit Railway Provisional Authority, which has recommended that the bill should be introduced into the Legislative Council as soon as possible and expressed the hope that it could be enacted by the beginning of August 1974. There are two reasons for this urgency.. First, the Japanese Consortium is likely to present the Provisional Authority with a programme of preliminary works due to begin in September 1974. This programme could be subject to delay if the legislation is not enacted by this time. Second, if the programme of preliminary works does not start in September 1974 for reasons which are the Government's responsibility the Consortium could advance legitimate claims in respect of increased costs.
Part I
4
The first part of the bill contains the usual preliminary provisions and definitions. The main feature is the definition of land in clause 2. Depending on the requirements of the railway, the definition would enable the Crown to resume or create an easement in or under land without resuming the surface itself, or to vest a share or interest in a piece of land (carrying with it exclusive occupation rights to part of a building) instead of the whole piece of land. This flexibility would enable the Government to create a sub-terranean right of way for the railway tunnel under private land without affecting the title of the property at or above the surface.
Part II
5
The second part of the bill:
(a) introduces the concept of the railway area;
(b) provides mainly for the resumption of property
and the creation of easements by order of the Governor.
6
As regards paragraph 5(a): clause 3 provides for plans of the "railway area" to be prepared by the Director of Public Works,
for such plans to be promulgated by deposit in the Land Office, for
CONFIDENTIAL
機密