1

25

5.5 The Working Group accordingly considered whether any

ex-gratia element should be payable. It reasoned that the terms

for compensation and exchange were not as favourable as those

applicable to agricultural land. In particular, if an

owner of building land decided to forego his right to a

land exchange, he received no compensation in respect of

the rights foregone. The Committee accordingly concluded

that it would be equitable to compensate for the value of

the exchange rights foregone in the same way as they are

compensated in the case of agricultural land, but suitably

adjusted to take into account the difference in exchange

ratios.

5.6

The value of agricultural land is about $5 per

square foot within urban development areas in the New

Territories. The proposed initial new rate of compensa-

tion is $27 per square foot. The "ex-gratia" compensation

is the difference between these two and is $22 per square

foot. As agricultural land is exchanged at the ratio of

5:2 and building land is exchanged at the ratio of 1:1

for building land, the working Group felt that for the

purposes of "ex-gratia" compensation 1 square foot of

building land could be equated to 2.5 square feet of

agricultural land. The initial rate of "ex-gratia"

compensation for building land would therefore be #55

/per

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