CONFIDENTIAL

6.

Para. 2 of the draft reminds the Kuk of the proper procedure for the submission of petitions. It would be helpful- to me if in future, where petitions are received in the FCO directly from petitioners in Hong Kong, the petitions could be returned to them with a request that they be resubmitted through

me.

Peeter to -

Chairman & Vice-Chairmen,

NT Heung Yee Kuk,

19 Pak Hoi Street,

2nd floor,

Kowloon, Hong Kong

Gentlemen

&

I am directed by Lord Goronwy-Roberts, Under-Secretary of State for Foreign and Commonwealth Affairs, to acknowledge your petition of 25th February, 1975.

2.

The Under-Secretary has instructed me to remind you that the proper procedure is for a petition to be submitted to the Governor, with a request that it be forwarded to the Secretary of State and to ask that this procedure be followed in future.

3.

The Under-Secretary has further instructed me to say that the representations made in your petition have been carefully considered and that the following reply is to be conveyed to you.

4.

is

One of the laws made by the Legislative Council, which applies throughout the Colony, including the New Territories, the Crown Lands Resumption Ordinance. This Ordinance empowers the Governor, after taking the advice of, the Executive Council, to order the resumption of land for a public purpose. It should be noted that such resumptions are only ordered where there is an identifiable need for the land for use in a manner which will be of benefit to the public.

5.

The Crown Lands Resumption Ordinance provides for the payment of compensation, in accordance with the procedures prescribed in it. The amount payable will vary according to the use to which the land could legally have been put under the terms of the Crown lease which governed it.

6.

When land is required for a public purpose, the practice is to negotiate with the owners of the land in an effort to secure their consent to a surrender of the lots involved at an agreed price. Where no such agreement is reached, or where there are difficulties over succession or owners are away from Hong Kong, it may be necessary to gazette the resumption formally. As you are aware, the newly established Lands Tribunal will encourage the negotiated purchase of land by the use of more flexib le arrangements before resumption proceedings are initiated. Details of these procedures will be sent to you shortly.

7.

Notwithstanding the terms of the Crown Lands Resumption Ordinance, in 1973 the Government agreed that, where land is to be

CONFIDENTIAL

/resumed...

Share This Page