G.S. 166
CONFIDENTIAL ** 機密
3
4.
Following consideration of the issues involved in this case the MTRC was informed on 29th April 1981 that, if the owners of the private land within the triangular site were prepared to develop their land together with the Corporation, in accordance with the Corporation's timetable and that their terms for doing so were reasonable, a proposal to resume the properties concerned could not be supported on the justification that the profits to the MTRC would thereby be increased. As it was considered that any offer to contribute towards the cost of incorporating a railway concourse in connection with the development of their own land could hardly be regarded as unreasonable, the Corporation was advised to come to an arrangement with the owners of the triangular site as soon as possible. Since then the Chairman of the MTRC has indicated that the Corporation, in conjunction with the other developer, is prepared to put a further offer to the owners on the basis of an agreement it has just reached with the private owners of another site in Causeway Bay required for construction of the Island Line. If the owners accept this offer then matters will be settled but, if not, the Chairman of the Corporation considers that the owners land within the site should be resumed.
5.
Section 4(1) of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance provides that:
"The Governor may by order direct that any
land within the Railway area shall be
resumed for the purposes of and incidental . to the Railway".
It is clear from this section that the Governor could order the resumption of the private land within the triangular site, which is within a Railway area and is required for the purpose of the Railway, namely the construction of a concourse and an access for the Sheung Wan Station. However, given that the private owners are willing to develop the land in partnership with the Corporation on terms which would not appear unreasonable, it would appear. that the only reason for resuming the land would be that this, would provide the MTRC with additional money.
Recommendation
6.
If the TRC cannot reach agreement with the owners of the private land within the triangular site it is recommended that the Governor should not exercise his powers under Section 4 of the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Chapter 276) and that this land should not be resumed at this juncture as proposed by the Chairman of the Corporation. However, it may be that the owners will not be able to ensure that the development of the land, incorporating the Mass Transit Railway Corporation requirements,
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CONFIDENTIAL
機密