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HONG KONG LEGISLATIVE COUNCIL 20 January 1988
SECRETARY FOR LANDS AND WORKS: Sir, I would like to thank hon. Members for the close attention they have given this Bill in the ad hoc group. We had many wide-ranging discussions. I am very happy that we have managed to reach agreement on how to cope with all the points raised in these discussions.
On the question of t'sos and t'ongs, I support the proposal that the Bill be amended at Committee stage to include the extension of the rent concession provided for in paragraph 2 of Annex III to the Joint Declaration, to a t'so or t'ong recognised as such under Chinese custom, all of the members of which were on 30 June 1984 indigenous villagers.
The question of the extension of recreational leases has also been mentioned. These leases are special purpose leases which will not be extended by the Bill. Each lease granted for a special purpose will be examined before a decision is taken on extension, having regard to existing policy. The question of premia and rent will be addressed in the context of examining the extension of these leases.
I should also perhaps confirm that the subject of 'oppressive deeds of mutual covenant', which is a problem common to buildings in the urban area and the New Territories, and cannot appropriately be dealt with by this Bill, is currently being tackled separately within the Administration.
Finally, Sir, a number of Members pointed out that the definition of 'established village' in the Bill goes rather further than Annex III to the Joint Declaration. They have asked whether the effect of the reference to the Block Crown Lease might be to exclude residents of certain pre-1898 villages from the rent concession to which they are entitled under the Joint Declaration; and whether, therefore, the definition should be amended.
The Administration considered this question very carefully, and checked in detail the present list of recognised pre-1898 villages against the villages recorded in the Block Crown Lease. As a result, I am satisfied that the original survey of the New Territories on which the Block Crown Leases were based was very thorough and comprehensive, and included all pre-1898 villages. The present definition therefore defines the term precisely, and so establishes beyond doubt the entitlement of all indigenous villagers to the concession in paragraph 2 of Annex III to the Joint Declaration.
The possibility, after more than 80 years, of a pre-1898 village which is not the subject of a Block Crown Lease coming to light must be extremely remote. However, if such a case did come to light, the Government would be obliged to take the necessary steps to amend the legislation to give proper effect to the terms of Annex III to the Joint Declaration. Moreover in response to Members' request, the Government will keep in view the suggestion that the legislation should be amended to bring its wording closer to that actually used in the Joint Declaration.
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