CONFIDENTIAL
機密
XCC(74)45
If not, this bill will have to be amended to provide for the establishment of a tribunal to assess compensation. The proposed Lands Tribunal will not have jurisdiction to decide title to land. However, under clause 25, it may award compensation to a claimant if it has no knowledge of any dispute as to the validity of his title. Such an award would not, however, prevent another person from later establishing a better title, on the rare occasion when this might happen.
20
Clause 26 provides for payment of compensation to mortgagees to the extent that the mortgage security has been lost or decreased in value. This is a new feature in legislation governing payments of compensation although it has been the practice for many years.
21
Unlike the Crown Lands Resumption Ordinance (Chapter 124), which provides in section 17(3) for interest to be paid on compensation from the date the property reverts to the Crown to the expiration of the time appointed for payment, clause 27 vests in the tribunal discretion to fix the period for which interest is to be paid. This discretion is necessary because the bill provides for compensation to be made in respect of loss other than (but also including) the loss of title to land.
22
Clause 28 provides for compensation to be paid out of general revenue. For Honourable Members' information, the Finance Committee of the Legislative Council has voted funds for this purpose (there is an approved project estimate of $110 million in the 1974-75 Estimates under Head 70 Public Works Non-Recurrent: Headquarters Subhead 7(3) Hong Kong Mass Transit Railway: Land Acquisitions, management and reprovisioning of buildings). The intention is to set up the Mass Transit Railway Corporation by legislation and provision will be made for the transfer of assets and liabilities from the Mass Transit Railway Provisional Authority to the Corporation. The powers of resuming land and for creating easements must, however, continue to be exercised by the Crown and the Government will recover from the Corporation reasonable land acquisition costs. Rules for such recoveries are now being considered between the Provisional Authority and the appropriate branches of the Secretariat.
Part VII
23
The last part of the bill contains miscellaneous provisions which are adequately explained in the explanatory memorandum.
CONFIDENTIAL
機密