For information

RESTRICTED-

HKK 365/2

3 1.1AM XCRI(78)3 Copy No

NƆTE FOR EXECUTIVE COUNCILM

Crown Lands Resumption Ordinance (Chapter 124)

SHA TIN NEW TOWN - STAGE I DEVELOPMENT

LION ROCK TUNNEL ROAD

COMPLETION OF SECOND CARRIAGEWAY AND INTER- CHANGE AT HUNG MUI KUK, SHA TIN, NEW TERRITORIES

(SUPPLEMENTARY RESUMPTION)

28

1

A

B

On 29th November 1977, having considered memorandum XCR(77)312 (Annex A), Honourable Members advised and the Acting Governor ordered, under section 3 of the Crown Lands Resumption Ordinance (Chapter 124), that the resumption of 238.3m2 of land at Hung Mui Kuk, Sha Tin, shown coloured orange on the plan at Annex B, was necessary for a public purpose, namely construction of the Hung Mui Kuk Interchange.

G.S. 84

2

The Council also recommended that the owner should receive compensation not less than the amount that he had paid for the land, and asked for an information note indicating how much this would be.

3

Compensation payable under a resumption order is determinable under sections 10, 11 and 12 of the Crown Lands Resumption Ordinance. Section 10(2)(a) provides that compensation (if any) should be determined on the basis of the value of the land resumed and any buildings erected thereon at the date of its reversion to the Crown.

4

A simple pro rata division of the cost of purchasing the lot by the owner would result in "amounts paid for the land" of either:

(a)

(b)

$40,398.75 ($15.75 psf) if the amount was based on the premium paid to Government; or

$73,359 ($28.60 psf) if the cost of the exchange entitlements with which the company purchased the land were also taken into consideration.

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