- 14 -
purposes" whereas the qualification of "official purposes"
in the Convention by the preceding words "the like" does suggest
that it is not every public purpose which was intended to be
covered.
37.
It is therefore possible from this to conclude that
the Ordinance is "inconsistent with obligations imposed" on the
Crown by the 1898 Convention in so far as the Ordinance applies
to the New Territories.
38.
The same argument applies in relation to the Town
Planning Ordinance.
"FAIR PRICE"
39.
The current law as to the principles of assessing
compensation on the compulsory acquisition of land is contained
in Section 12 of the Crown Lands Resumption Ordinance, Chapter
124, and is as follows:
"12. In the determination of the compensation to be
paid under this Ordinance
(a) No allowance shall be made on account of
the resumption being compulsory;
(aa) No account shall be taken of the fact that the land lies within or is affected by any
area, zone or district reserved or set apart for the purposes specified in Section 4(1)(a), (c), (d) or (e) of the Town Planning
Ordinance;
(b) No compensation shall be given in respect
of any use of the land which is not in
accordance with the terms of the Crown
Lease under which the land is held;