G.F. 323
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Hong Kong, which challenged the 3lock Crown Lease as a
document validly restricting New Territories' landowners
to the use of their land at the granting of the Block Crown
Lease. The opinion also questioned the application of the
Crown Lands Resumption Ordinance to the new Territories
in relation to the "expropriation" of land and the assess-
ment of the fair price to be paid in compensation for
land so resumed or expropriated”.
15.
The reply conveyed to the Heung Yee Kuk has
been that the Government's actions are intra vires.
The Resumption Ordinance, Section 12 (b) and (c) states:
(b)
no compensation shall be given in respect
(c)
of any use of the land which is not in
accordance with the terms of the Crown lease
under which the land is held;
no compensation shall be given in respect of
any expectancy or probability of the grant
or renewal or continuance, by the Crown or
by any person, of any licence, permission,
lease or permit whatsoever;"
The strength of the restrictive terms in the 31ock Crown
Lease is thus of fundamental importance when assessing the
compensation in accordance with these clauses in the
Ordinance.
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/16.
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