CONFIDENTIAL #
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XCCI(77)12
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J
Tsuen Wan Mass Transit Railway Extension Resumptions
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In general the same procedures for acquisition and resumption of land will apply to the Tsuen Wan Extension of the Mass Transit Railway. Honourable Members will however, shortly be informed in another memorandum of changes to the proposed alignment and the site of the depot, which will give rise to the need to resume more land for the project than originally envisaged when the proposal to extend the railway was considered in this Council. Much of this land was scheduled for early resumption as part of Area 6 development area, and it is now proposed that the areas required for Mass Transit Railway purposes should be resumed together with those required for other development, and that a submission seeking a declaration under section 3 of the Crown Lands Resumption Ordinance should be submitted to this Council shortly. The fact that the resumption is submitted under the Crown Lands Resumption Ordinance rather than the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance does not in any way affect the rights of those whose land is to be resumed.
Grant of Land to the MTR Corporation
The basic principles to be followed in the grant of land and interests in land to the Mass Transit Railway Corporation are set out in Annex B to memorandum XCC(75)45 (Annex A of this Note) and were approved by the Governor in Council on 29th July 1975. These principles can be broadly summarised as follows:
(a)
(b)
(c)
(d)
It is for Government to decide on the method of disposal of any residual development potential including a private treaty grant to the Corporation.
The terms should be based on those adopted for profit-making private utility companies.
The Mass Transit Railway Corporation will be required to pay the full market value of the land at the time of the grant or, alternatively, the cost of making the site available, whichever is the greater.
Private treaty grants in respect of permanent develop- ment sites are to be submitted for the approval of the Governor in Council.
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A
C.S. 166
Temporary Alienation of Land to the MTR Corporation
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Many areas of Crown Land are made available to the Corporation on a temporary basis. These comprise sites required by
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