4.
-
8.
It will be seen, therefore, that the whole founda-
tion of the Government's land policy, as it applies to the New
Territories, rests on the assumption that the right of the
owner of New Territories land to develop his land by the
erection of buildings has been curtailed in the majority of
cases by the "covenant" (referred to above) in the Block
Crown Leases.
9.
In the New Territories, the District Officers were
given very wide powers - including, until the amendment of the
New Territories Ordinance in 1961, judicial powers to settle
land disputes and it was to the District Officer that the
landowner applied when he sought a modification of the
"covenant" to enable him to build a house. In practice, this
power was delegated by the District Officer to his subordinates.
As the guide-lines for the exercise of this discretion were
ill-defined and not easily understood by the villagers, this
led to widespread dissatisfaction and suspicions of corruption.
Moreover, until 1961, the provisions of the Buildings Ordinance
and its Regulations did not apply to the New Territories.
Accordingly, the District Officer fulfilled all the functions
normally done by the professional staff of the Public Works
Department in relation to the planning, construction and
supervision of buildings.
10.
When the Buildings Ordinance was extended to the
New Territories in 1961, it was recognised by the Government
that its provisions could not be applied in full. It would
have clearly been harsh and oppressive to require the villagers,
in their indigenous environment, to comply with all the controls
governing buildings in the cities
particularly high-rise