+
2
#
5 years lo
claim
1983
ま
Assuming that the "claim" of the former owner has been acknowledged, and although it is clear that there is no legal right to compensation not claimed
claimed within 5 years of an award and dates for collection being gazetted (s.17), it has been agreed that payment may be made in appropriate circumstances even where (in pre-1982 cases) the funds concerned have been transferred to General Revenue. Each case has to be considered on its own merits.
On the basis of the information available, including that provided by
by the Morecambe & Heysham CAB letter (16.10.90), it appears however that there is little in the way of justification.
On his own admission, Mr. Lau Yam-hei knew in 1975 of the resumption but did nothing
but did nothing until 1979.
until 1979. The enquiry from his solicitors (7.3.79) was within the 5 year period but following our advice on 2.5.79 nothing further happened until 1983 when, on 25.8.83 and nearly 10 years after the owner's death, Letters of Administration of his estate were obtained.
Letters of
Admimotret.
Despite this there was no issue from our letter of were made through another records. In response to solicitors were informed available.
agreement
to
attempt to pursue the compensation 2.5.79 until 22.12.87, the claim that efforts firm of solicitors not being supported by our their enquiry of that date, the original (16.5.88) that the compensation was no longer
Notwithstanding this Mr. Lau on 27.8.88 entered into an sell rights to his "claim" for a limited period (until 1.9.90), specifically any rights to either paper "land exchange
entitlements" or to an exchange for other land both of which had previously been rejected. It should be noted that this agreement excluded rights to cash compensation and lapsed on 1.9.90, nothing apparently having been done
pursue it by the purchaser, which is not quite as claimed by Mr. Lau in the CAB letter (para. 9).
In
to
these circumstances, I consider that Mr. Lau had ample opportunity to pursue the
the payment of compensation after the grant of Letters of Administration on 25.8.83. In fact, there was no further approach on this until 22.12.87 and the issue was then again allowed to lapse until his approach to the CAB. Accordingly and in the absence of persuasive additional evidence being provided that the delay was beyond his control, I can see no justification for payment to be made at this time.
Yours sincerely,
ham
G.C.S. Smith
Chief Estate Surveyor/Acquisition
C.C. SPEL (Attn.
Miss Cheung Siu-hing)
DLO/SK (Ref. : DLO/SK LMLS 45/90)
Encl.
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