C.S. 166

1

CONFIDENTIAL **

For discussion

on 20th December 1977

XCC(77) 96 33

Copy No .. Page 1

عاد

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MEMORANDUM FOR EXECUTIVE COUNCIL #KK 365

MODIFICATION OF INLAND LOT 6435,

23 PO SHAN ROAD

o

When memorandum XCC(73)102 proposing a moratomum on the sales of Crown land and modifications in Pok Fu Lam was put to this Council on 4th December 1973, the proposed modification of Inland Lot 6435, 23 Po Shan Road, was specifically exempted from the moratorium because the negotiations to effect it between Government and the owner were already far advanced.

2

Although at the time the owner, Sir Y. K. Kan, had accepted the terms which the Director of Public Works had agreed to recommend for approval, the modification was never formally concluded because, before a submission had been made to the Secretariat, the owner and the Govern- ment agreed that, following the disastrous landslide at Kotewall Road, it would be untimely for Government to permit, and the owner to proceed with, a substantial development so near to the disaster area. modification was accordingly left in abeyance.

3

The

On 13th July 1973 the Temporary Restrictions on Building Development (Pok Fu Lam and Mid-Levels) Ordinance was enacted, which had the effect of suspending the approval of buildings for develop- ment in this area.

4

This Ordinance will expire on 30th April 1978. In anticipation, the lessee has asked Government to complete the negotiations for a modification of the lot.

5

IL 6435 was granted in 1949. Its conditions restrict development to a residential house for a single family. In 1954 and 1965 two separate garden extensions of 5, 000 square feet and 5, 695 square feet respectively were granted. Both grants made clear that the extension areas could not be built on and could not be counted for plot ratio for building purposes.

6

In 1972, when negotiations were suspended, the Director of Public Works had informed the lessee that he was prepared to recommend the inclusion of both these extensions in the calculations for coverage

and plot ratio purposes. This proposal was not in accordance with normal

CONFIDENTIAL

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