HONG KONG LEGISLATIVE COUNCIL — 20 January 1988

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Some ad hoc group members were concerned that some villages might have been missed out from the survey, and the Bill would then be unfair to the villagers. They wanted to adopt a more flexible definition so that residents of omitted villages, if there were any, could also claim the rent concession.

Despite assurances from the Administration of the thoroughness of the survey in question, we cannot deny that there is still a remote possibility that such cases may be established.

The ad hoc group was glad to hear that the Government will look into the question to ensure that all claims to pre-1898 status will be considered in the light of the Joint Declaration, and evidence outside the Block Crown Lease will be given its proper weight.

I believe this is sufficient assurance from the Government to cover any possibility in this regard, without causing further delay to the passage of the Bill.

The second concern raised was the application of rent concession to property held by 't'sos' and 't'ongs'. These are ancient Chinese institutions of ancestral land-holdings, whereby land derived from ancestors is enjoyed by male descend- ants from generation to generation.

However, the ad hoc group noted that only in the case of 't'sos' is the land concerned definitely held by indigenous villagers. The question regarding the 't'ongs' is more complicated: it is an assocation of people coming together for a particular purpose whether religious, commercial or philanthropic. Very often its members are so diverse as to include both indigenous and non-indigenous villagers. Their membership is also subject to changes from time to time.

And furthermore, some organisations using the name of 't'ongs' are in fact 't'sos' in nature with lands donated by indigenous villagers for beneficiaries who are also indigenous villagers.

It is very important to clarify the eligibility of these 't'sos' and 't'ongs' for rent concession purposes; otherwise it will create uneasiness among the indigenous villagers.

The matter was brought to the Land Commission for consideration. The Land Commission subsequently agreed that rent concession would be extended to all 't'sos' and 't'ongs', in which all the members are indigenous villagers. The Bill will be modified accordingly to make provision for this. I believe this will help to eliminate the worries of those 't'sos' and 't'ongs' which are made up of indigenous villagers.

The third area of concern, as expressed by the Association of Building Management and some property owners, is about the extension of the validity of deeds of mutual covenants (DMCs in short) along with the extension of New Territories leases. Under the terms of some DMCs, the management company

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