000
From: MARK LENNOX-BOYE
29 April 1991
Austin Staunton Esq
The Morecambe and Heysham Citizens Advice Bureau 42 Poulton Road
MORECAMBE
Lancashire LA4 5HB
HKC 236/)
д
BCC
FLOAT
HONG KONG DEPT
MRS TOVEY
WITH ENCS
FOR INFORMATION
PA
\
Maclogh ger soft
Ms
W29/
29/4
Dear Thr. Staunton
Thank you for your letter of 15 March replying to my letter of 1 November, on behalf of Mr Lau Yam-Hei of the Mandarin Restaurant, 2 Bowers Lane, Heysham, Lancashire, about his claim for compensation from the Hong Kong Government.
As you know, we asked the Building and Lands Department of the Hong Kong Government to look into Mr Lau's case. The Department has now informed us that under Hong Kong law Mr Lau's claim is, unfortunately, no longer valid. Under section 17 of the Crown Lands Resumption Ordinance, compensation must be claimed within five years of the date of its award. Compensation was awarded in respect of the land owned by Mr Lau's father in August 1974. As the claim period elapsed in August 1979, Mr Lau's claim is now "out of time". In accordance with section 17 (b) of the Ordinance, the compensation award was paid into the General Revenue in 1980.
It seems that this situation arose because Mr Lau and his brother did not obtain the Letters of Administration for their father's estate until 1983, some four years after the claim period had expired. This was due to a family disagreement. Mr Lau's father died in September 1973 and until 1983 therefore, the Hong Kong Government were unable to identify the person to whom the compensation should be paid.
I understand that in some instances the claim period for compensation can be extended at the Governor's discretion. This can be done if the claimant has not been offered compensation for his land in writing, or if he has not been served with a notice. Unfortunately, this does not apply to Mr Lau, as notification of the compensation award was given in 1974.
SAMACB
45