G.S. 84
19
RESTRICTED
XCR (80)205
The adoption of any of the "land" solutions suggested above must have regard to the overall land administration policy which is essentially a tool to facilitate the orderly development of land in accordance with the greater public interest. One-off solutions which might be ideally suited to solve particular problems may not always be feasible in view of the undesirable precedent they set unless distinctive features peculiar to these cases can be identified and publicly justified. Where they also involve substantial financial commitments on the public purse, these too have to be justified.
20
As regards 1), this would involve a direct non-insitu land exchange. The scarcity of land for exchange purposes has generally made this solution impracticable and except in very exceptional circumstances direct non-insitu exchanges are not allowed under existing policy. Where it is allowed it must be demonstrated that the overwhelming balance of public interest lies with the exchange. In this present case, it is for consideration whether the balance of public interest lies with the exchange. As pointed out in paragraph 12 above, the site occupied by the Club is zoned commercial on the Outline Zoning Plan. Although the use of the building as a library or museum is permissible under the notes to the Outline Zoning Plan it is open to question as to whether this is the best use for the site. The financial implications of this arrangement would be very substantial as it calls for the grant on a value-for-value basis of an alternative site to the Club. The cost to the public purse has been estimated by Government. at $550 M. which is more than the estimated amount of compensation at $430 M. to be paid to the Club had the building been declared a monument and the Club claimed compensation on the basis of the financial value of surplus development potential in excess of the Club's own requirements. (Paragraph 17 refers.) Furthermore, there is the problem of finding a site in a similar location which is acceptable to the Club.
21
As regards 2) resumption under the Crown Lands Resumption Ordinance must be justified in terms of a public purpose and it is hard to see what this public purpose might be in the case of the Hong Kong Club on the basis of the present zoned use of the site for commercial purposes. It is of course open to this Council to request the Town Planning Board to change the zoning of the site from commercial to Government, institution and community use, assuming that it is agreed that the eventual use of the building as a library or museum is appropriate. However, until this is done, resumption is out of the question. On the question of the financial implications, the estimated cost of resumption is of the order of $550 M, which is again in excess of the probable cost to the public purse had the building been declared as a monument and a claim submitted by the Club.
22
While alternatives 1) and 2) would allow the existing Club building to be put to public use, the cost of resumption or land exchange is such that the facilities, however attractive they might.be, that would be obtained would be excessively expensive. To this cost should be added the expense of maintaining the building, and of fitting out and running the building for whatever public use was decided upon.
RESTRICTED