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to Governmental actions especially of resumption against their property has been in itself a great obstacle to successful negotiation. This handicap has been aggravated further by the low standard of their mentality. In the future, such kind of people should be required to be represented in all negotiations by professional people instead of by some of the elected or even self-appointed representatives who are not only interested parties but also lack legal capacity as well as professional ability to represent other claimants in land resumption cases. The weakness of such kind of representation is clearly manifested in the Sai Lau Kok case. I understand that, the Authorities concerned has requested the Sai Lau Kok people to obtain such professional representation. However, request is clearly not adequate. The law should make mandatory provision there for and the costs must be borne by the Government as has already been so suggested by the Authorities concerned.
After what I have said above, one would easily draw the conclusion that the best approach to land resumption cases is not by negotiation but by arbitration by the Lands Tribunal. However, there are a number of possibilities which may make the Lands Tribunal award look unfair and oppressive. They are perhaps, the reasons why the Authorities concerned have tried the hard way by going through the negotiations. If so, I must say that the Authorities concerned have been most sympathetic and kind. The reasons why I say that the Lands Tribunal award may be unfair are as folbws:-
(a)
According to both the Mass Transit Railway (Land Resumption and related Provisions) Ordinance (Cap. 276) as well as the Crown Lands Resumption Ordinance (Cap. 124)-
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