Encl. 5
16
lands had continually changed hands
between villagers and others, and that to
create any special terms for individual
classes of owners, however circumscribed,
would be invidious.
Statutory Arbitration Not Practicable
3.2
In the early stages of discussion, the Working
Group recognised the desirability of having a system,
the individual payments derived from which were capable
of being arbitrated upon by the Lands Tribunal or some
other quasi judicial body. The submission of the Royal
Institution of Chartered Surveyors, a copy of which is
at Enclosure 5, also recommended a solution based on
amendment of the Crown Lands Resumption Ordinance
leading to statutory arbitration. But the Lands Tribunal
is constituted to arbitrate on individual values and not
on general administrative principles. The principles,
which the Working Group considered must be adhered to,
would produce a common rate for all and no room for the
individual variation which is the essential function of
arbitration. The Working Group accordingly concluded
that statutory arbitration would be impracticable, but
it did consider the possible value of a formally constituted
review body. This is discussed in paragraph 6.5 below.
14.