31 JANUARY 1977
75
Written Answers
which approximately 90
involved New Territories' residents:
per
cent.
£
1972-73
1973-74
1974-75
*
1975-76
1976-77 (to date)
184 1,785 2,180 595 9,620
(d) There is no record of any payment having been made in respect of altera- tion of Fung Shui arising from military activity.
...i..
Mr. Parry asked the Secretary of State for Foreign and Commonwealth Affairs if legal aid is available to residents of the New Territories, Hong Kong, who wish to claim compensation for damage, loss or injury arising from military
activities.
Mr. Luard: Legal aid is available under the provisions of Hong Kong's Legal Aid Ordinance to Persons (a) whose disposable does not exceed $HK700 per month and whose disposal capital does not exceed $HK4,000; and (b) who, in the opinion of the Hong Kong Govern- ment's Director of Legal Aid, have valid grounds for instituting proceedings.
The majority of claims are presented initially to district officers of the New Territories' administration who advise claimants of the procedures to be fol- lowed.
Only in complex cases, and especially in those dealing with personal injury, is recourse to litigation necessary. It should, however, be noted that, save in exceptional circumstances, the Crown cannot be sued.
Mr. Parry asked the Secretary of State for foretar fit Commonwealth Affairs what machinery is used in settling of legal claims for compensation for damage, loss or injury to residents of the New Terri- tories, Hong Kong, arising from military. activities; and if he is satisfied. with present situation.
1:
the
Mr. Luard : All claims, whether originally submitted to the Hong Kong Government's New Territories' adminis- tration or to military units, are passed to the Area Claims Officer of the Claims Commission, Ministry of Defence, who is attached to the. Headquarters, British Forces, Hong Kong.
The Area Claims Officer is responsible for assessing equitable compensation for
9 G 14
76
Written Answers
damage, loss or injury in cases where liability can be accepted by the Ministry of Defence. In the majority of cases which do not present exceptional difficul- ties the officer is able to arrange prompt payment. Where liability is disputed or where the assessment of compensation is complex, the Area Claims Officer is assisted by the local agent of Her the compensation assessed is beyond his Majesty's Treasury Solicitors. Where
delegated financial powers, the Area Claims Officer obtains approval for pay- ment from the Claims Commission, Ministry of Defence.
-}
The present procedures provide for proper examination of claims without re- sulting in unnecessary delays in settle- ment and I consider that they are satisfactory.
Mr. Parry asked the Secretary of State for Foreign and Commonwealth Affairs if he or the Minister of State will meet a small delegation from the Heung Yee Kuk who will be visiting the United Kingdom in March to discuss the ques- tion of land compensation in the New Territories, Hong Kong, and other related
matters.
Mr. Evan Luard: My right hon. and noble Friend the Minister of State,'
and Foreign
Commonwealth Office would, I know, be prepared to consider meeting a delegation from the Heung Yee Kuk if it were to ask him to do so.
Mr. Parry asked the Secretary of State for Foreign and Commonwealth Affairs what representations the Heung Yee Kuk has made to the Long cong Govern ment regarding increases in rents, premiums rates and other fees in the New Territories; and what action' has been taken in respect of such repre-
sentations.dt e
?
Mr. Luard: Regular discussions are held between Hong Kong Government's Secretary for the New Territories and the Heung Yee Kuk on all matters relat- ing to the New Territories. The position on the particular matters raised by my hon. Friend is as follows:
(a) The most recent petition from the Kuk on the general question of rates was in August 1974. I understand that the discussions that followed resulted in the
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