3
The Working Group concluded that a similar provision could be inserted, possibly in s. 6 of Cap. 1, to the effect that any reference in an Ordinance to land (or natural resources) which appears to imply that the land (or natural resources) belong to the Government shall be understood as meaning that the land (or natural resources) belong(s) not to the Government but to the Crown. Such a provision could then be adapted on 1 July 1997 to refer to "the State" rather than "the Crown". It would thus be in line with BL 7 which reads
"The land and natural resources within the HKSAR shall be State property. The Government of the Hong Kong Special Administrative Region shall be responsible for their management, use and development and for their lease or grant to individuals, legal persons or organizations for use or development. The revenues derived therefrom shall be exclusively at the disposal of the government of the Region.".
8.
(a)
(b)
Wita
nonsense!
"my munte
The Working Group therefore RECOMMENDS
-
that the present adaptation exercise should deal both with the Crown as owner of land and the Crown as manager or administrator of land;
that a provision be inserted in Cap. 1 or elsewhere to the effect that any reference to the Government in relation to land is not to be taken as implying that the Government owns the land since the Crown will remain the owner of the land until 1 July 1997.
off of November 1992 to Moushall, HKD) explains why).
Substituting 'Government' for 'Crown'
9.
something
Once a statement along the lines recommended in para. 8 has been made, then it is possible to substitute the term 'Government' for all references to the 'Crown' in relation to land. Under Cap. 1 this would mean the Hong Kong Government up to 30 June 1997; thereafter, by an amendment to Cap. 1 on 1 July 1997 for general purposes, it would mean the Government of the Hong Kong Special Administrative Region. Such an amendment could be made either by a general statement of principle or by textual amendment of every individual reference. In Hong Kong the usual method of amendment is textual, and the existence of both the computerised database and the loose-leaf version of the Laws of Hong Kong makes textual amendment feasible. The Working Group therefore RECOMMENDS
see // 8 abere + Comment.
Entall,
(a)
that all references to "the Crown" in relation to land and interests in land should be amended to refer to "the Government" or "the Governor";
(b) that adaptation of relevant laws should be by textual
amendment rather than general statement of intention.
a great
deal of wall.