For discussion
on 7 January 1986
RESTRICTED
XCR (86) 2 Copy No
37.
MEMORANDUM FOR EXECUTIVE COUNCIL
Mass Transit Railway
(Land Resumption and Related Provisions) Ordinance
(Chapter 276)
MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS) (AMENDMENT) BILL 1986
9/1
the
On 9 July 1985 after considering XCC (85) 87, Council advised and the Acting Governor ordered, inter alia, that a rail tunnel should be constructed
as part of the Eastern Harbour Crossing (EHC) Project.
2
to
It is now proposed to make certain amendments the Mass Transit Railway (Land Resumption and Related Provisions) Ordinance (Chapter 276), in order
in order to adapt it for the purposes of the EHC project. The opportunity is also taken to tidy up a minor anomaly which has arisen following an earlier amendment in 1983. A copy of the Bill
is annexed.
The Ordinance
3
The Ordinance provides under section 3 for plans to be prepared by the Director of Engineering Development showing the railway area. After gazetting of the Railway Area Plan, certain powers may be exercised within it such as resumption, right of entry into buildings for inspection purposes etc. and the bulk of the compensation provisions come into force. Plans must reflect the transport policy of
the Government.
4
However, there are three provisions of the Ordinance which only apply when construction of a particular portion of the railway is authorized. They are:
(a)
the
section 15(3) which enables proprietor of land who cannot obtain building approval for the development of land on the ground that the development would be incompatible with railway works, to require the land to be resumed;
MKK 173/
RECEIVED IN REGISTRY
09 JAN1986
DESK OFFICEN INDEX
PA
REGISTRY Action Taken
G.S. 84
RESTRICTED